The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020

Entitlement to vote

31.—(1) A person is entitled to vote at a meeting of creditors in SMCL administration proceedings only if—

(a) the person has delivered to the SMCL administrator, no later than midday on the business day before the meeting, details in writing of the debt which the person claims to be due to that person from the SMCL and those details include any calculation for the purposes of Rules 33 and 34;

(b) the claim has been duly admitted under Rule 32 or this Rule; and

(c) there has been lodged with the SMCL administrator any proxy which the person intends to be used on the person’s behalf.

(2) The chair of the meeting may allow a creditor to vote, notwithstanding that the creditor has failed to comply with paragraph (1)(a), if satisfied that the failure was due to circumstances beyond the creditor’s control.

(3) The chair of the meeting may call for any document or other evidence to be produced to the chair, where the chair thinks it necessary for the purpose of substantiating the whole or any part of the claim.

(4) Votes are calculated according to the amount of each creditor’s claim as at the date on which the SMCL entered SMCL administration, less—

(a) any payments that have been made to the creditor after that date in respect of the claim; and

(b) any adjustment by way of set-off which has been made in accordance with Rule 59 or would have been made if that Rule were applied on the date on which the votes are counted.

(5) A creditor may not vote in respect of a debt for an unliquidated amount, or any debt whose value is not ascertained, except where the chair agrees to put upon the debt an estimated minimum value for the purpose of entitlement to vote and admits the claim for that purpose.

(6) No vote may be cast by virtue of a claim more than once on any resolution put to the meeting.