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Energy Act 2004
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- s. 125-125C substituted for s. 125 by 2008 c. 27 Sch. 7 para. 2
- s. 154-171 modified by S.I. 2005/2483 rule 184
- s. 156-167 applied (with modifications) by 2011 c. 16 s. 96(1)-(4)
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- Act modified by S.I. 2006/772 rule 68
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- s. 59A inserted by 2005 c. 15 Sch. 4 para. 199
- s. 105A inserted by 2008 c. 32 s. 69(4)
- s. 110A 110B inserted by 2008 c. 32 s. 70(1)
- s. 112A inserted by 2008 c. 32 s. 71
- s. 121A inserted by S.I. 2008/1888 reg. 2
- s. 131A-131C inserted by 2008 c. 27 Sch. 7 para. 6
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- S.I. 2010/1889 art. 2 commences (2004 c. 20)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
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- S.I. 2009/45 art. 2-4 Commencement Order
- S.I. 2009/2809 art. 2 commences (2008 c. 32)
- S.I. 2010/298 art. 2 Sch. commences (2009 c. 23)
- S.I. 2010/507 art. 2-5 commences (2009 c. 26)
- S.I. 2011/1066 art. 2 commences (2010 c. 15)
- S.S.I. 2011/58 art. 2 3 commences (2010 asp 5)
Prospective
163Restrictions on administrator appointments by creditors etc.E+W+S
This section has no associated Explanatory Notes
(1)No step is to be taken by any person to make an appointment in relation to a company under paragraph 14 or 22 of Schedule B1 to the 1986 Act (powers of holder of floating charge and of the company itself and of its directors to appoint administrators) if—
(a)an energy administration order is in force in relation to the company;
(b)an energy administration order has been made in relation to the company but is not yet in force; or
(c)an application for such an order is outstanding.
(2)In the case of a protected energy company to which subsection (1) does not apply, an appointment in relation to that company under paragraph 14 or 22 of Schedule B1 to the 1986 Act takes effect only if each of the conditions mentioned in subsection (3) is met.
(3)Those conditions are—
(a)that a copy of every document in relation to the appointment that is filed or lodged with the court in accordance with paragraph 18 or 29 of Schedule B1 to the 1986 Act (documents to be filed or lodged for appointment of administrator) has been served both on the Secretary of State and on GEMA;
(b)that a period of fourteen days has elapsed since the service of the last of those copies to be served;
(c)that there is no outstanding application to the court for an energy administration order in relation to the company in question; and
(d)that the making of an application for such an order has not resulted in the making of an energy administration order which is in force or is still to come into force.
(4)Paragraph 44 of Schedule B1 to the 1986 Act (interim moratorium) does not prevent, or require the permission of the court for, the making of an application for an energy administration order at any time before the appointment takes effect.
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