The Energy Administration Rules 2005

PART 9 E+W ENDING ENERGY ADMINISTRATION

Final progress reports E+W

75.—(1) In this Part reference to a progress report is to a report in the form specified in Rule 32.

(2) The final progress report means a progress report which includes a summary of—

(a) the energy administrator’s proposals;

(b) any major amendments to, or deviations from, those proposals;

(c) the steps taken during the energy administration; and

(d) the outcome.

Commencement Information

I1 Rule 75 in force at 1.10.2005, see rule 1

Application to court E+W

76.—(1) An application to court under paragraph 79 of Schedule B1 to the 1986 Act for an order ending an energy administration shall have attached to it a progress report for the period since the last progress report (if any) or the date the protected energy company entered energy administration and a statement indicating what the applicant thinks should be the next steps for the protected energy company (if applicable).

(2) Where such an application is made, the applicant shall—

(a) give notice in writing to the applicant for the energy administration order (unless the applicant in both cases is the same) and the creditors of the protected energy company of his intention to apply to court at least 7 days before the date that he intends to make his application; and

(b) attach to the application to court a statement that he has notified the creditors, and copies of any response from creditors to that notification.

(3) Where such an application is to be made other than by the energy administrator—

(a) the applicant shall also give notice in writing to the energy administrator of his intention to apply to court at least 7 days before the date that he intends to make his application; and

(b) upon receipt of such written notice the energy administrator shall, before the end of the 7 day notice period, provide the applicant with a progress report for the period since the last progress report (if any) or the date the protected energy company entered energy administration.

(4) Where the application is made other than by the Secretary of State, the application shall also state that it is made with the consent of the Secretary of State.

(5) Where the energy administrator applies to court under paragraph 79 of Schedule B1 to the 1986 Act in conjunction with a petition under section 124 of the 1986 Act(1) for an order to wind up the protected energy company, he shall, in addition to the requirements of paragraphs (2) and (4), notify the creditors whether he intends to seek appointment as liquidator.

Commencement Information

I2 Rule 76 in force at 1.10.2005, see rule 1

Notification by energy administrator of court order E+W

77.—(1) Where the court makes an order to end the energy administration, the energy administrator shall notify the registrar of companies in Form EA19, attaching a copy of the court order and a copy of the final progress report.

(2) Where the court makes such an order, it shall, where the applicant is not the energy administrator, give a copy of the order to the energy administrator.

Commencement Information

I3 Rule 77 in force at 1.10.2005, see rule 1

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

I4 Rule 78 in force at 1.10.2005, see rule 1

Moving from energy administration to dissolution E+W

79.—(1) Where, for the purposes of paragraph 84(1) of Schedule B1 to the 1986 Act, the energy administrator sends a notice of moving from energy administration to dissolution to the registrar of companies, he shall do so in Form EA21 and shall attach to that notice a final progress report.

(2) As soon as reasonably practicable a copy of the notice and the attached document shall be sent 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, the Secretary of State; and

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

(3) Where a court makes an order under paragraph 84(7) of Schedule B1 to the 1986 Act, it shall, where the applicant is not the energy administrator, give a copy of the order to the energy administrator.

(4) The energy administrator shall use Form EA22 to notify the registrar of companies in accordance with paragraph 84(8) of Schedule B1 to the 1986 Act of any order made by the court under paragraph 84(7) of Schedule B1 to the 1986 Act.

(5) GEMA must notify the Secretary of State before directing the energy administrator to send a notice of moving from energy administration to dissolution to the registrar of companies.

Commencement Information

I5 Rule 79 in force at 1.10.2005, see rule 1

Provision of information to the Secretary of State E+W

80.  Where the energy administration ends pursuant to paragraph 79, 83 or 84 of Schedule B1 to the 1986 Act, the energy administrator shall, within 5 business days from the date of the end of the energy administration, provide the Secretary of State with the following information—

(a) a breakdown of the relevant debts (within the meaning of section 169(4) of the 2004 Act) of the protected energy company, which remain outstanding; and

(b) details of any shortfall (within the meaning of section 169(3)(a) of the 2004 Act) in the property of the protected energy company available for meeting those relevant debts.

Commencement Information

I6 Rule 80 in force at 1.10.2005, see rule 1

(1)

1986 c. 45; section 124 was amended by the Criminal Justice Act 1988 c. 33, section 62(2); the Companies Act 1989 c. 40, section 60(2); the Access to Justice Act 1999 c. 22, Schedule 13, paragraph 133; the Insolvency Act 2000 c. 39, section 1, Schedule 1, paragraphs 1 and 7; S.I. 2002/1240, regulation 8, the Courts Act 2003 c. 39, Schedule 8, paragraph 294, S.I. 2004/2326, regulation 73(4)(a), and the Companies (Audit, Investigations and Community Enterprise) Act 2004, c. 27, section 50(3).