Energy Act 2004

ModificationsE+W+S

35E+W+SIn the case of [F1a non-GB company]—

(a)paragraphs 42(2), 83 and 84 of Schedule B1 to the 1986 Act do not apply;

(b)paragraphs 46(4), 49(4)(a), 54(2)(a), 71(5) and (6), 72(4) and (5) and 86 of that Schedule apply only if the company is subject to a requirement imposed [F2by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies)]; and

(c)paragraph 61 of that Schedule does not apply F3....

Textual Amendments

Commencement Information

I1Sch. 20 para. 35 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1

36(1)The applicable provisions and Schedule 1 to the 1986 Act (as applied by paragraph 60(1) of Schedule B1 to that Act) are to be construed F4... by reference to the limitation imposed upon the scope of the energy administration order in question by virtue of section 154(4) of this Act.E+W+S

(2)Sub-paragraph (1) has effect, in particular, so that—

(a)a power conferred, or duty imposed, upon the energy administrator by or under the applicable provisions or Schedule 1 to the 1986 Act is to be construed as being conferred or imposed only in relation to the affairs and business of the company so far as carried on in Great Britain and to its property in Great Britain;

(b)references to the affairs, business or property of the company are to be construed as references to its affairs or business so far as carried on in Great Britain or to its property in Great Britain;

(c)references to goods in the company’s possession are to be construed as references to goods in the possession of the company in Great Britain;

(d)references to premises let to the company are to be construed as references to premises let to the company in Great Britain;

(e)references to legal process instituted or continued against the company or property of the company are to be construed as references to such legal process relating to the affairs or business of the company so far as carried on in Great Britain or to its property in Great Britain.

Textual Amendments

Commencement Information

I2Sch. 20 para. 36 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1

37(1)Paragraph 41 of Schedule B1 to the 1986 Act (dismissal of receivers) has effect F5... as if—E+W+S

(a)for sub-paragraph (1) there were substituted the sub-paragraphs set out in sub-paragraph (2) of this paragraph; and

(b)sub-paragraphs (2) to (4) of that paragraph were omitted.

(2)The sub-paragraphs treated as substituted for paragraph 41(1) are—

“(1)Where an energy administration order takes effect in respect of a company—

(a)a person appointed to perform functions equivalent to those of an administrative receiver, and

(b)if the energy administrator so requires, a person appointed to perform functions equivalent to those of a receiver,

shall refrain, during the period specified in sub-paragraph (1A), from performing those functions in Great Britain or in relation to any of the company’s property in Great Britain.

(1A)That period is—

(a)in the case of a person mentioned in sub-paragraph (1)(a), the period while the company is in energy administration; and

(b)in the case of a person mentioned in sub-paragraph (1)(b), during so much of that period as is after the date on which he is required by the energy administrator to refrain from performing his functions.”

Textual Amendments

Commencement Information

I3Sch. 20 para. 37 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1

38E+W+SParagraph 43(6A) of Schedule B1 to the 1986 Act (moratorium on appointment to receiverships) has effect F6... as if for “An administrative receiver” there were substituted “ A person with functions equivalent to those of an administrative receiver ”.

Textual Amendments

Commencement Information

I4Sch. 20 para. 38 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1

39E+W+SParagraph 44(7) of Schedule B1 to the 1986 Act (proceedings to which interim moratorium does not apply) has effect F7... as if for paragraph (d) there were substituted—

“(d)the carrying out of his functions by a person who (whenever his appointment) has functions equivalent to those of an administrative receiver of the company.”

Textual Amendments

Commencement Information

I5Sch. 20 para. 39 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1

40E+W+SParagraph 64 of Schedule B1 to the 1986 Act (general powers of administrator) has effect F8... as if—

(a)in sub-paragraph (1), after “power” there were inserted “ in relation to the affairs or business of the company so far as carried on in Great Britain or to its property in Great Britain ”; and

(b)in sub-paragraph (2)(b), after “instrument” there were inserted “ or by the law of the place where the company is incorporated ”.

Textual Amendments

Commencement Information

I6Sch. 20 para. 40 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1