The Energy Supply Company Administration (Scotland) Rules 2013

Part 7 Ending Energy Administration

Final progress reports

54.  In this Part—

(a) “progress report” means a report including the matters specified in Rule 34(2); and

(b) “final progress report” means a progress report which includes a summary of—

(i) the energy administrator’s original proposals;

(ii) any major amendments to, or deviations from, those proposals;

(iii) the steps taken during the energy supply company administration; and

(iv) the outcome.

Application to court

55.—(1) An application under paragraph 79 of Schedule B1 to the 1986 Act for an order providing for the appointment of an energy administrator of the energy supply company to cease to have effect shall be accompanied by a progress report for the period since the last such report (if any) and a statement indicating what the applicant thinks should be the next steps for the energy supply company (if applicable).

(2) Subject to paragraph (3), where the energy administrator applies to the court the energy administrator shall give to—

(a) the applicant for the energy supply company administration order (unless the applicant in both cases is the same) under which the energy administrator was appointed; and

(b) the creditors of the energy supply company,

at least 5 business days’ written notice of the applicant’s intention so to apply.

(3) Where an applicant other than the energy administrator applies to the court—

(a) the applicant shall give to the energy administrator at least 5 business days’ written notice of the applicant’s intention so to apply; and

(b) upon receipt of such written notice the energy administrator shall, 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, it shall 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 (application for winding-up) for an order to wind up the energy supply company, the energy administrator shall, in addition to the requirements of paragraphs (2) and (4), notify the creditors of whether the energy administrator intends to seek appointment as liquidator.

Notification by energy administrator of court order

56.—(1) Where the court makes an order to end the energy supply company administration, the energy supply company administrator shall notify the registrar of companies in Form ESCA16(S), attaching a copy of the court order and a copy of the final progress report.

(2) Where the court makes an order to end the energy supply company administration and the applicant was not the energy administrator then that applicant shall give a copy of the order to the energy administrator.

Moving from energy supply company administration to creditors’ voluntary liquidation

57.—(1) A notice pursuant to paragraph 83(3) of Schedule B1 to the 1986 Act shall be in Form ESCA17(S).

(2) As soon as reasonably practicable after the day on which the registrar of companies registers that notice, the person who has ceased to be the energy administrator (whether or not that person becomes the liquidator) must send a final progress report (which must include details of the assets to be dealt with in the liquidation) to the registrar of companies and to—

(a) all other persons who received notice of the administrator’s appointment;

(b) where the Secretary of State did not receive notice of the energy administrator’s appointment, the Secretary of State; and

(c) where GEMA did not receive notice of the energy administrator’s appointment, GEMA.

(3) For the purposes of paragraph 83(7) of Schedule B1 to the 1986 Act, a person shall be nominated as liquidator in accordance with the provisions of Rule 15(1)(l) or Rule 33(1)(h)—

(a) by virtue of the energy administrator’s proposals or revised proposals; or

(b) where a creditors’ meeting is held in accordance with Rule 28, as a consequence of such a meeting.

(4) GEMA must notify the Secretary of State before consenting to the energy administrator sending a notice of moving from energy supply company administration to creditors’ voluntary liquidation to the registrar of companies.

(5) Where the creditors nominate a different person, the nomination must, where applicable, include the declaration required by section 231 of the 1986 Act (appointment to office of two or more persons).

Moving from energy supply company administration to dissolution

58.—(1) The notice required by paragraph 84(1) of Schedule B1 to the 1986 Act shall be in Form ESCA18(S) and shall be accompanied by a final progress report.

(2) As soon as reasonably practicable a copy of the notice and accompanying documents shall be sent to—

(a) all those who received notice of the energy administrator’s appointment;

(b) where the Secretary of State did not receive notice of the energy administrator’s appointment, the Secretary of State; and

(c) where GEMA did not receive notice of the energy administrator’s appointment, to GEMA.

(3) Where the court makes an order under paragraph 84(7) of Schedule B1 to the 1986 Act it shall, where the applicant is not the energy administrator, give a copy of the order to the energy administrator.

(4) The notice required by paragraph 84(8) of Schedule B1 to the 1986 Act shall be in Form ESCA19(S).

(5) GEMA must notify the Secretary of State before directing the energy administrator to send a notice of moving from energy supply company administration to dissolution to the registrar of companies.

Provision of information to the Secretary of State

59.  Where the energy supply company administration ends pursuant to paragraphs 79, 83 or 84 of Schedule B1 to the 1986 Act, the energy administrator shall, within 5 business days from the date of the end of the energy supply company administration, provide the Secretary of State with the following information—

(a) a breakdown of the relevant debts (within the meaning of section 99(4) of the 2011 Act (licence conditions to secure funding of energy supply company administration)) of the energy supply company, which remain outstanding; and

(b) details of any shortfall (within the meaning of section 99(3)(a) of the 2011 Act) in the property of the energy supply company available for meeting those relevant debts.