The Energy Administration Rules 2005

Moving from energy administration to creditors' voluntary liquidation E+W

78.—(1) Where for the purposes of paragraph 83(3) of Schedule B1 to the 1986 Act, the energy administrator sends a notice of moving from energy administration to creditors' voluntary liquidation to the registrar of companies, he shall do so in Form EA20 and shall attach to that notice a final progress report which must include details of the assets to be dealt with in the liquidation.

(2) As soon as reasonably practicable the energy administrator shall send a copy of the notice and attached document to—

(a) all those who received notice of the energy administrator’s appointment;

(b) where the Secretary of State did not receive notice of the energy administrator’s appointment, to the Secretary of State; and

(c) where GEMA did not receive notice of the energy administrator’s appointment, to GEMA.

(3) For the purposes of paragraph 83(7) of Schedule B1 to the 1986 Act, a person shall be nominated as liquidator in accordance with the provisions of Rule 20(2)(k) or Rule 31(2)(g) and his appointment takes effect—

(a) by virtue of the energy administrator’s proposals or revised proposals; or

(b) where a creditors' meeting is held in accordance with Rule 23, as a consequence of such a meeting.

(4) GEMA must notify the Secretary of State before consenting to the energy administrator sending a notice of moving from energy administration to creditors' voluntary liquidation to the registrar of companies.

Commencement Information

I1 Rule 78 in force at 1.10.2005, see rule 1