The Energy Supply Company Administration Rules 2013

PART 13 U.K. Examination of persons in energy supply company administration proceedings

Preliminary U.K.

140.—(1) The Rules in this Part apply to applications to the court, made by the energy administrator, for an order under section 236 of the 1986 Act (inquiry into energy supply company's dealings when it is, or alleged to be, insolvent).

(2) The following definitions apply—

(a) the person in respect of whom an order is applied for is “the respondent”;

(b) “section 236” means section 236 of the 1986 Act.

Form and contents of application U.K.

141.—(1) The application must be in writing and specify the grounds on which it is made.

(2) The application must specify the name of the respondent.

(3) It must be stated whether the application is for the respondent—

(a) to be ordered to appear before the court, or

(b) to be ordered to clarify any matter which is in dispute in the proceedings or to give additional information in relation to any such matter and if so CPR Part 18 (further information) shall apply to any such order, or

(c) to submit witness statements (if so, particulars are to be given of the matters to be included), or

(d) to produce books, papers or other records (if so, the items in question is to be specified),

or for any two or more of those purposes.

(4) The application may be made without notice to the respondent or any other party.

Order for examination, etc U.K.

142.—(1) The court may, whatever the purpose of the application, make any order which it has power to make under section 236.

(2) The court, if it orders the respondent to appear before it, must specify a venue for the respondent's appearance, which must be not less than 14 days from the date of the order.

(3) If the respondent is ordered to file witness statements, the order must specify—

(a) the matters which are to be dealt with in the respondent's witness statements, and

(b) the time within which they are to be filed in court.

(4) If the order is to produce books, papers or other records, the time and manner of compliance must be specified.

(5) The order must be served by the energy administrator as soon as reasonably practicable on the respondent, and it must be served personally, unless the court otherwise orders.

Procedure for examination U.K.

143.—(1) At any examination of the respondent, the energy administrator may attend in person, or be represented by a solicitor with or without counsel, and may put such questions to the respondent as the court may allow.

(2) Any creditor who has provided information on which the application was made under section 236 may attend the examination with the permission of the court and may put questions to the respondent (but only through the energy administrator).

(3) If the respondent is ordered to clarify any matter or to give additional information, the court must direct the respondent as to the questions which the respondent is required to answer, and to whether the respondent's answers (if any) are to be made in a witness statement.

(4) The respondent may at the respondent's own expense employ a legal representative who may put to the respondent such questions as the court may allow for the purpose of enabling the respondent to explain or qualify any answers given by the respondent, and may make representations on the respondent's behalf.

(5) There shall be made in writing such record of the examination as the court thinks proper. The record shall be read over either to or by the respondent and authenticated by the respondent at a venue fixed by the court.

(6) The written record may, in any proceedings (whether under the 1986 Act or otherwise) be used as evidence against the respondent of any statement made by the respondent in the course of the respondent's examination.

Record of examination U.K.

144.—(1) Unless the court otherwise directs, the written record of questions put to the respondent and the respondent's answers, and any witness statements submitted by the respondent in compliance with an order of the court under section 236, are not to be filed in court.

(2) The documents set out in paragraph (3) are not open to inspection without an order of the court, by any person other than the energy administrator.

(3) The documents to which paragraph (2) applies are—

(a) the written record of the respondent's examination;

(b) copies of questions put to the respondent or proposed to be put to the respondent and answers to questions given by the respondent;

(c) any witness statement by the respondent; and

(d) any document on the court file as shows the grounds for the application for an order.

(4) The court may from time to time give directions as to the custody and inspection of any documents to which this Rule applies, and as to the furnishing of copies of, or extracts from, such documents.

Cost of proceedings under section 236 U.K.

145.—(1) Where the court has ordered an examination of a person under section 236, and it appears to it that the examination was made necessary because information has been unjustifiably refused by the respondent, it may order that the costs of the examination by paid by the respondent.

(2) Where the court makes an order against a person under section 237(1) or (2) of the 1986 Act (court's enforcement powers under section 236), the costs of the application for the order may be ordered by the court to be paid by the respondent.

(3) Subject to paragraphs (1) and (2) above, the energy administrator's costs shall, unless the court otherwise orders, be paid out of the assets of the energy supply company.

(4) A person summoned to attend for examination under this Part shall be tendered a reasonable sum out of the assets of the energy supply company in respect of travelling expenses incurred in connection with the person's attendance. Other costs falling on the person are at the court's discretion.