The Energy Supply Company Administration (Scotland) Rules 2013

Part 2 Appointment of Energy Administrator By The Court

Form of Application

4.—(1) Where an application is made by way of petition for an energy supply company administration order to be made in relation to an energy supply company, the petition shall state—

(a) that the company is an energy supply company; and

(b) one or both of the following—

(i) the applicant’s belief that the energy supply company is, or is likely to be, unable to pay its debts;

(ii) the Secretary of State has certified that it would be appropriate to petition for the winding up of the energy supply company under section 124A of the 1986 Act (petition for winding up on grounds of public interest)(1).

(2) Where an application is made by GEMA, the petition shall also state that it is made with the consent of the Secretary of State.

Statement of proposed energy administrator

5.  There shall be lodged together with the petition a statement of the proposed energy administrator, in the form required by Form ESCA1(S), stating—

(a) that the proposed energy administrator consents to accept appointment as energy administrator of that energy supply company; and

(b) details of any prior professional relationship that the proposed energy administrator has had with that company.

Service of petition

6.—(1) In addition to those persons referred to in section 156(2)(a) to (c) of the 2004 Act (applications for energy administration orders), notice of a petition shall be given by the petitioner in Form ESCA2(S) to—

(a) an administrative receiver, if appointed;

(b) any person who, to the knowledge of the petitioner, 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;

(c) if a petition for the winding up of the energy supply company has been presented but no order for winding up has yet been made, the petitioner under that petition;

(d) any creditor who has served notice in accordance with section 164 of the 2004 Act (restrictions on enforcement of security) of the creditor’s intention to enforce the creditor’s security over property of the energy supply company;

(e) a provisional liquidator, if appointed;

(f) the person proposed in the petition to be the energy administrator;

(g) the registrar of companies;

(h) the Keeper of the Register of Inhibitions and Adjudications for recording in that register;

(i) if the applicant is the Secretary of State, GEMA;

(j) if the applicant is GEMA, the Secretary of State;

(k) the energy supply company; and

(l) the supervisor of a voluntary arrangement under Part I of the 1986 Act, if such has been appointed.

(2) Notice of the petition shall also be given to the persons upon whom the court orders that the petition be served.

Expenses

7.  If the court makes an energy supply company administration order, the expenses of the petitioner, and of any other party whose expenses are allowed by the court, shall be regarded as expenses of the energy supply company administration.

Notice of dismissal of application for an energy supply company administration order

8.  If the court dismisses the petition the petitioner shall as soon as reasonably practicable send notice of the court’s order dismissing the petition to all those to whom the petition was notified under Rule 6 in Form ESCA3(S).

(1)

Section 124A was inserted by the Companies Act 1989 (c.40), section 60(3). It was amended by the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c.27), Schedule 2 paragraph 27 and S.I. 2001/3649 Article 305.