The Energy Supply Company Administration Rules 2013

Application to court

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

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

(a) give notice in writing to the applicant for the esc administration order (unless the applicant in both cases is the same) and the creditors of the energy supply company of the applicant’s intention to apply to court at least 5 business days before the date that the applicant intends to make an application; and

(b) attach to the application to court a statement that the applicant 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 must also give notice in writing to the energy administrator of the applicant’s intention to apply to court at least 5 business days before the date that the applicant intends to make an application; and

(b) upon receipt of such written notice the energy administrator must, before the end of the 5 business day notice period, provide the applicant with a progress report for the period since the last progress report (if any) or the date the energy supply company entered energy supply company administration.

(4) Where the application is made other than by the Secretary of State, the application must 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 energy supply company, the energy administrator must, in addition to the requirements of paragraphs (2) and (4), notify the creditors whether the energy administrator intends to seek appointment as liquidator.

(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); the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), section 50(3); S.I. 2006/2078 and S.I. 2009/1941.