The Energy Administration Rules 2005

CHAPTER 3 E+W Enforcement procedures

Enforcement of court orders E+W

106.  In any energy administration proceedings, orders of the court may be enforced in the same manner as a judgment to the same effect.

Commencement Information

I1 Rule 106 in force at 1.10.2005, see rule 1

Orders enforcing compliance with the Rules E+W

107.—(1) The court may, on application by the energy administrator, make such orders as it thinks necessary for the enforcement of obligations falling on any person in accordance with—

(a) paragraph 47 of Schedule B1 to the 1986 Act (duty to submit statement of affairs in energy administration), or

(b) section 235 of the 1986 Act(1) (duty of various persons to co-operate with energy administrator).

(2) An order of the court under this Rule may provide that all costs of and incidental to the application for it shall be borne by the person against whom the order is made.

Commencement Information

I2 Rule 107 in force at 1.10.2005, see rule 1

Warrant under section 236 of the 1986 Act E+W

108.—(1) A warrant issued by the court under section 236 of the 1986 Act (inquiry into insolvent company’s dealings) shall be addressed to such officer of the High Court as the warrant specifies, or to any constable.

(2) The persons referred to in section 236(5) of the 1986 Act (court’s powers of enforcement) as the prescribed officer of the court are the tipstaff and his assistants of the court.

(3) In this Chapter references to property include books, papers and records.

(4) When a person is arrested under a warrant issued under section 236 of the 1986 Act, the officer arresting him shall forthwith bring him before the court issuing the warrant in order that he may be examined.

(5) If he cannot immediately be brought up for examination, the officer shall deliver him into the custody of the governor of the prison named in the warrant, who shall keep him in custody and produce him before the court as it may from time to time direct.

(6) After arresting the person named in the warrant, the officer shall forthwith report to the court the arrest or delivery into custody (as the case may be) and apply to the court to fix a venue for the person’s examination.

(7) The court shall appoint the earliest practicable time for the examination, and shall—

(a) direct the governor of the prison to produce the person for examination at the time and place appointed, and

(b) forthwith give notice of the venue to the person who applied for the warrant.

(8) Any property in the arrested person’s possession which may be seized shall be—

(a) lodged with, or otherwise dealt with as instructed by, whoever is specified in the warrant as authorised to receive it, or

(b) kept by the officer seizing it pending the receipt of written orders from the court as to its disposal,

as may be directed by the court.

Commencement Information

I3 Rule 108 in force at 1.10.2005, see rule 1

(1)

1986 c. 45; section 235 amended by the Enterprise Act 2002 c. 40, Schedule 17, paragraph 24.