The Energy Supply Company Administration (Scotland) Rules 2013

Power of court to cure defects in procedure

102.—(1) The court may, on the application of any person having an interest—

(a) if there has been a failure to comply with any requirement of the 1986 Act, the 2004 Act, the 2011 Act or these Rules, make an order waiving any such failure and, so far as practicable, restoring any person prejudiced by the failure to the position that person would have been in but for the failure;

(b) if for any reason anything required or authorised to be done in, or in connection with, the energy administration proceedings cannot be done, make such order as may be necessary to enable that thing to be done.

(2) The court, in an order under paragraph (1), may impose such conditions, including conditions as to expenses, as it thinks fit and may—

(a) authorise or dispense with the performance of any act in the energy supply company administration proceedings;

(b) extend or waive any time limit specified in the 1986 Act, the 2004 Act, the 2011 Act or these Rules.

(3) An application under paragraph (1)—

(a) may at any time be remitted by the sheriff to the Court of Session, of the sheriff’s own accord or on an application by any person having an interest;

(b) shall be so remitted, if the Court of Session so directs on an application by any such person,

if the sheriff or the Court of Session, as the case may be, considers that the remit is desirable because of the importance or complexity of the matters raised by the application.

(4) The energy administrator shall record in the sederunt book the decision of the court.