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

Form of application

5.—(1) An application for an SMCL administration order must—

(a) be headed “Smart meter communication licensee administration application”;

(b) include immediately below the heading, the full name, registered address, registered number and any other trading names of the SMCL; and

(c) state by whom it is made and the applicant’s address for service.

(2) Where it is made by GEMA, the application must contain a statement that it is made with the consent of the Secretary of State.

(3) The application must contain a statement—

(a) of the nominal capital of the SMCL, the number of shares into which the capital is divided and the nominal value of each share;

(b) of the amount of capital paid up or treated as paid up of the SMCL;

(c) of the name and address of the proposed SMCL administrator;

(d) that—

(i) the applicant believes, for the reasons set out in the witness statement in support of the application that the SMCL is, or is likely to become, unable to pay its debts; or

(ii) the Secretary of State has certified that it would be appropriate to wind up the SMCL under section 124A of the 1986 Act(1); and

(e) that the applicant requests the court—

(i) to make an SMCL administration order in relation to the SMCL;

(ii) to appoint the proposed person to be the SMCL administrator; and

(iii) to make such ancillary order as the applicant may request, and such other order as the court thinks appropriate.

(4) The application must be authenticated by the applicant or the applicant’s solicitor and dated.

(1)

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