PART 2APPOINTMENT OF ENERGY ADMINISTRATOR BY COURT

Manner in which service to be effected10.

(1)

Service of the application in accordance with Rule 8 shall be effected by the applicant, or the applicant’s solicitor, or by a person instructed by the applicant or the applicant’s solicitor, not less than 2 days before the date fixed for the hearing.

(2)

Service shall be effected as follows—

(a)

on the protected energy company (subject to paragraph (3) below), by delivering the documents to its registered office;

(b)

on any other person (subject to paragraph (4) below), by delivering the documents to his proper address;

(c)

in either case, in such other manner as the court may direct.

(3)

If delivery to a protected energy company’s registered office is not practicable or if the protected energy company is an unregistered company, service may be effected by delivery to its last known principal place of business in England and Wales.

(4)

Subject to paragraph (5), for the purposes of paragraph (2)(b) above, a person’s proper address is any which he has previously notified as his address for service; but if he has not notified any such address, service may be effected by delivery to his usual or last known address.

(5)

In the case of a person who—

(a)

is an authorised deposit-taker or a former authorised deposit-taker;

(b)

(i)

has appointed, or is or may be entitled to appoint, an administrative receiver of the protected energy company, or

(ii)

is, or may be entitled to appoint an administrator of the protected energy company under paragraph 14 of Schedule B1 to the 1986 Act, without the modifications made by Schedule 20 to the 2004 Act; and

(c)

has not notified an address for service,

the proper address is the address of an office of that person where, to the knowledge of the applicant, the protected energy company maintains a bank account or, where no such office is known to the applicant, the registered office of that person, or, if there is no such office, his usual or last known address.

(6)

Delivery of the documents to any place or address may be made by leaving them there, or sending them by first class post.