The Energy Supply Company Administration Rules 2013

CHAPTER 4 U.K. Court records and returns

Court file U.K.

111.—(1) The court must open and maintain a file in any case (the “court file”) where documents are filed with it under the 1986 Act or these Rules.

(2) Any documents which are filed with the court under the 1986 Act or these Rules must be placed on the court file.

(3) The following persons may inspect or obtain from the court a copy of, or a copy of any document or documents contained in, the court file—

(a) the energy administrator;

(b) the Secretary of State;

(c) any person who is a creditor of the energy supply company to which the proceedings relate if that person provides the court with a statement in writing by confirming that that person is a creditor; and

(d) every person who is, or at any time has been, a director or officer of the energy supply company to which the energy supply company administration proceedings relate, or who is a member of the energy supply company.

(4) The right to inspect or obtain a copy of, or a copy of any document or documents contained in, the court file may be exercised on that person's behalf by a person authorised to do so by that person.

(5) Any person who is not otherwise entitled to inspect or obtain a copy of, or a copy of any document or documents contained in, the court file may do so if that person has the permission of the court.

(6) The court may direct that the court file, a document (or part of it) or a copy of a document (or part of it) must not be made available under paragraph (3), (4) or (5) without the permission of the court.

(7) An application for a direction under paragraph (6) may be made by—

(a) the energy administrator; or

(b) any person appearing to the court to have an interest.

(8) Where any person wishes to exercise the right to inspect the court file under paragraph (3), (4) or (5), that person—

(a) if the permission of the court is required, must file in court an application notice in accordance with these Rules; or

(b) if the permission of the court is not required, may inspect the court file at any reasonable time.

(9) Where any person wishes to exercise the right to obtain a copy of a document under paragraph (3), (4) or (5), that person must pay any prescribed fee and—

(a) if the permission of the court is required, file in court an application notice in accordance with these Rules; or

(b) if the permission of the court is not required, file in court a written request for the document.

(10) An application for—

(a) permission to inspect the court file or obtain a copy of a document under paragraph (5); or

(b) a direction under paragraph (6),

may be made without notice to any other party, but the court may direct that notice must be given to any person who would be affected by its decision.

(11) If for the purposes of powers conferred by the 1986 Act or these Rules, the Secretary of State or the energy administrator requests the transmission of the file of any insolvency proceedings, the court must comply with the request (unless the file is for the time being in use for the court's own purposes).