Special administration regime

10 Interpretation

(1) In this Act “smcl administration provisions” means sections 2 to 9 and this section.

(2) In the smcl administration provisions—

• “business”, “member”, “property” and “security” have the same meanings as in the Insolvency Act 1986;

• “company” means—

  (a)

  a company registered under the Companies Act 2006, or

  (b)

  an unregistered company;

• “court”, in relation to a company, means the court—

  (a)

  having jurisdiction to wind up the company, or

  (b)

  that would have such jurisdiction apart from section 221(2) or 441(2) of the Insolvency Act 1986 (exclusion of winding up jurisdiction in case of companies having principal place of business in, or incorporated in, Northern Ireland);

• “modification” includes omission, addition or alteration, and cognate expressions are to be construed accordingly;

• “non-GB company” means a company incorporated outside Great Britain;

• “objective of the smart meter communication administration” is to be construed in accordance with section 3;

• “relevant licences” has the meaning given by section 2(5);

• “smart meter communication administrator” has the meaning given by section 2(2) and is to be construed in accordance with subsection (3) of this section;

• “smart meter communication licensee administration order” (or “smcl administration order”) has the meaning given by section 2(1);

• “smart meter communication licensee” has the meaning given by section 2(5);

• “subsidiary” and “wholly-owned subsidiary” have the meanings given by section 1159 of the Companies Act 2006;

• “unregistered company” means a company that is not registered under the Companies Act 2006.

(3) In the smcl administration provisions references to the smart meter communication administrator of a company—

(a) include references to a person appointed under paragraph 91 or 103 of Schedule B1 to the Insolvency Act 1986, as applied by Part 1 of Schedule 20 to the Energy Act 2004 and section 4 of this Act, to be the smart meter communication administrator of that company; and

(b) where two or more persons are appointed to be the smart meter communication administrator of that company, are to be construed in accordance with the provision made under section 158(5) of the Energy Act 2004, as applied by section 4 of this Act.

(4) In the smcl administration provisions a reference to the provision of a smart meter communication service has—

(a) the same meaning as in Part 1 of the Gas Act 1986 (see section 5(11) of that Act), in relation to holding of a licence under section 7AB of that Act by a company for which a smart meter communication administrator has been appointed;

(b) the same meaning as in Part 1 of the Electricity Act 1989 (see section 4(3G) of that Act), in relation to the holding of a licence under section 6(1)(f) or (1A) of that Act by a company for which a smart meter communication administrator has been appointed.