The Energy Supply Company Administration Rules 2013

PART 1Introductory provisions

1Citation and commencement

2Construction and interpretation

PART 2Appointment of energy administrator by court

4Witness statement

5Form of application

6Contents of application and witness statement

7Filing of application

8Service of application

9Notice to officers charged with execution of writs or other process

10Manner in which service to be effected

11Proof of service

13Notice of esc administration order

PART 3Process of energy supply company administration

14Notification and advertisement of energy administrator's appointment

15Notice requiring statement of affairs

16Verification and filing

17Limited disclosure

18Release from duty to submit statement of affairs; extension of time

19Expenses of statement of affairs

20Energy administrator's proposals

21Limited disclosure of paragraph 49 of Schedule B1 to the 1986 Act statement

PART 4Meetings and reports

CHAPTER 1Creditors' meetings

22Creditors' meetings generally

23The chair at meetings

24Creditors' meeting for nomination of alternative liquidator

25Entitlement to vote

26Admission and rejection of claims

27Secured creditors

28Holders of negotiable instruments

29Hire-purchase, conditional sale and chattel leasing agreements

32Revision of the energy administrator's proposals

CHAPTER 2Company meetings

34Venue and conduct of company meeting

PART 5Disposal of charged property

35Authority to dispose of property

PART 6Expenses of the energy supply company administration

36Priority of expenses of energy supply company administration

37Pre-energy supply company administration costs

PART 7Distribution to creditors

CHAPTER 1Application of Part and general

38Distribution to creditors generally

39Debts of insolvent energy supply company to rank equally

40Supplementary provisions as to dividend

41Division of unsold assets

CHAPTER 2Machinery of proving a debt

42Proving a debt

43Costs of proving

44Energy administrator to allow inspection of proofs

45New energy administrator appointed

46Admission and rejection of proofs for dividend

47Appeal against decision on proof

48Withdrawal or variation of proof

49Expunging of proof by the court

CHAPTER 3Quantification of claims

50Estimate of quantum

51Negotiable instruments, etc

52Secured creditors

54Mutual credits and set off

55Debt in foreign currency

56Payments of a periodical nature

58Debt payable at future time

59Value of security

60Surrender for non-disclosure

61Redemption by energy administrator

62Test of security's value

63Realisation of security by creditor

64Notice of proposed distribution

65Admission or rejection of proofs

66Postponement or cancellation of dividend

67Declaration of dividend

68Notice of declaration of a dividend

69Payments of dividends and related matters

70Notice of no dividend, or no further dividend

71Proof altered after payment of dividend

72Secured creditors

73Disqualification from dividend

74Assignment of right to dividend

75Adjustment where dividend paid before time

PART 8The energy administrator

76Fixing of remuneration

77Remuneration of new energy administrator

PART 9Ending energy supply company administration

78Final progress reports

79Application to court

80Notification by energy administrator of court order

81Moving from energy supply company administration to creditors' voluntary liquidation

82Moving from energy supply company administration to dissolution

83Provision of information to the Secretary of State

PART 10Replacing energy administrator

84Grounds for resignation

85Notice of intention to resign

86Notice of resignation

87Application to court to remove energy administrator from office

88Notice of vacation of office when energy administrator ceases to be qualified to act

89Energy administrator deceased

90Application to replace

91Notification and advertisement of appointment of replacement energy administrator

92Notification and advertisement of appointment of joint energy administrator

93Notification to registrar of companies

94Energy administrator's duties on vacating office

PART 11Court procedure and practice

CHAPTER 1Applications

96Form and contents of application

97Application under section 176A(5) of the 1986 Act to disapply section 176A of the 1986 Act

98Filing and service of application

99Application under section 176A(5) of the 1986 Act

100Hearings without notice

101Hearing of application

102Witness statements - general

103Filing and service of witness statements

104Use of reports

105Adjournment of hearings; directions

CHAPTER 2Shorthand writers

106Nomination and appointment of shorthand writers

107Remuneration

CHAPTER 3Enforcement procedures

108Enforcement of court orders

109Orders enforcing compliance with these Rules

110Warrant under section 236 of the 1986 Act

CHAPTER 4Court records and returns

CHAPTER 5Costs and detailed assessment

112Application of Chapter 8

113Requirement to assess costs by the detailed procedure

114Procedure where detailed assessment required

115Costs paid otherwise than out of the assets of the energy supply company

116Award of costs against energy administrator

117Application for costs

118Costs and expenses of witnesses

119Final costs certificate

CHAPTER 6Persons who lack capacity to manage their affairs

120Introductory

121Appointment of another person to act

122Witness statement in support of application

123Service of notices following appointment

CHAPTER 7Appeals in energy supply company administration proceedings

124Appeals and reviews of esc administration orders

125Procedure on appeal

CHAPTER 8General

126Principal court rules and practice to apply

127Rights of audience

128Formal defects

129Service of orders staying proceedings

130Payment into court

131Further information and disclosure

132Office copies of documents

PART 12Proxies and energy supply company representation

133Definition of proxy

134Issue and use of forms

135Use of proxies at meetings

136Retention of proxies

137Right of inspection

138Proxy holder with financial interest

139Energy supply company representation

PART 13Examination of persons in energy supply company administration proceedings

141Form and contents of application

142Order for examination, etc

143Procedure for examination

144Record of examination

145Cost of proceedings under section 236

PART 14Miscellaneous and general

146Power of Secretary of State to regulate certain matters

147Costs, expenses, etc

148Provable debts

149False claim of status as creditor, etc

150Punishment of offences

PART 15Provisions of general effect

CHAPTER 1The giving of notice and the supply of documents – general

152Personal delivery of documents

153Postal delivery of documents

154Non-receipt of notice of meeting

155Notice etc to solicitors

156Notice of meetings by advertisement only

CHAPTER 2The giving of notice and the supply of documents by or to energy administrators etc

158Notice to joint energy administrators

159The form of notices and other documents

160Proof of sending etc

161Authentication

162Electronic delivery in energy supply company administration proceedings – general

163Electronic delivery by energy administrators

164Use of websites by energy administrator

165Special provision on account of expense as to website use

166Electronic delivery of energy supply company administration proceedings to courts

CHAPTER 3Service of court documents

168Application of CPR Part 6 to service of court documents within the jurisdiction

169Service of orders staying proceedings

170Service on joint energy administrators

171Application of CPR Part 6 to service of court documents outside the jurisdiction

CHAPTER 4Meetings

172Quorum at meeting of creditors

173Remote attendance at meetings of creditors

174Action where person excluded

175Indication to excluded person

177Forms for use in energy supply company administration proceedings

178Electronic submission of information instead of submission of forms to the Secretary of State, energy administrators

179Electronic submission of information instead of submission of forms in all other cases

CHAPTER 6Gazette notices

180Contents of notices to be gazetted under the 1986 Act or these Rules

181Omission of unobtainable information

182The Gazette – general

CHAPTER 7Notice advertised otherwise than in the Gazette

183Notices otherwise advertised under the 1986 Act or these Rules

184Non-Gazette notices – other provisions

CHAPTER 8Notifications to the registrar of companies

185Application of this Chapter

186Information to be contained in all notifications to the registrar

187Notifications relating to the office of energy administrators

188Notification relating to documents

189Notifications relating to court orders

190Returns or reports of meetings

191Notifications relating to other events

192Notifications of more than one nature

193Notifications made to other persons at the same time

CHAPTER 9Inspection of documents and the provision of information

194Confidentiality of documents – grounds for refusing inspection

195Right to copy documents

196Charges for copy documents

197Right to have list of creditors

CHAPTER 10Computation of time and time limits

CHAPTER 11Security

199Energy administrator's security

CHAPTER 12Notice of order under section 176A(5) of the 1986 Act

200Notice of order under section 176A(5) of the 1986 Act

PART 16Interpretation and application

201Introductory

202“The court”; “the registrar”

203“Energy supply company administration proceedings”

204“The appropriate fee”

205“Debt”, “liability”

207Expressions used generally

SCHEDULE 1Forms

SCHEDULE 2Punishment of offences under these rules

2013 No. 1046

Insolvency, England And Wales

Companies

The Energy Supply Company Administration Rules 2013

Made30th April 2013

Laid before Parliament3rd May 2013

Coming into force7th June 2013

The Lord Chancellor, in exercise of the powers conferred by section 411 of the Insolvency Act 1986 M1 and section 159(3) of the Energy Act 2004 M2 as applied by section 96 of the Energy Act 2011 M3, with the concurrence of the Secretary of State, and after consulting the committee existing for that purpose under section 413 of the Insolvency Act 1986, makes the following Rules: