The Energy Supply Company Administration Rules 2013

Notification and advertisement of energy administrator's appointmentU.K.

This section has no associated Explanatory Memorandum

14.—(1) The notice of appointment to be given by the energy administrator as soon as reasonably practicable after appointment must be gazetted and may be advertised in such other manner as the energy administrator thinks fit.

(2) In addition to the standard contents, the notice under paragraph (1) must state—

(a)that an energy administrator has been appointed;

(b)the date of the appointment; and

(c)the nature of the business of the energy supply company.

(3) The energy administrator must, as soon as reasonably practicable after the date of the esc administration order, give notice of the appointment—

(a)if the application for the esc administration order was made by the Secretary of State, to GEMA;

(b)if the application for the esc administration order was made by GEMA, to the Secretary of State;

(c)if a receiver or an administrative receiver has been appointed, to that person;

(d)if there is pending a petition for the winding up of the energy supply company, to the petitioner (and to the provisional liquidator, if any);

(e)to any person who has applied to the court for an administration order under Schedule B1 to the 1986 Act, without the modifications made by Schedule 20 to the 2004 Act, in relation to the energy supply company;

(f)to any enforcement officer who, to the energy administrator's knowledge, is charged with execution or other legal process against the energy supply company;

(g)to any person who, to the energy administrator's knowledge, has distrained against the energy supply company or its property;

(h)to any supervisor of a voluntary arrangement under Part I of the 1986 Act;

(i)to any holder of a qualifying floating charge who, to the energy administrator's knowledge, has served notice in accordance with section 163 of the 2004 Act that the person is seeking to appoint an administrator; and

(j)to any creditor who, to the energy administrator's knowledge, has served notice in accordance with section 164 of the 2004 Act of that person's intention to enforce that person's security over property of the energy supply company.

(4) Where, under a provision of Schedule B1 to the 1986 Act or these Rules, the energy administrator is required to send a notice of the appointment to any person other than the registrar of companies, the energy administrator must do so in Form ESCA4.