The Energy Administration Rules 2005

Application to court

76.—(1) An application to court under paragraph 79 of Schedule B1 to the 1986 Act for an order ending an energy administration shall have attached to it a progress report for the period since the last progress report (if any) or the date the protected energy company entered energy administration and a statement indicating what the applicant thinks should be the next steps for the protected energy company (if applicable).

(2) Where such an application is made, the applicant shall—

(a) give notice in writing to the applicant for the energy administration order (unless the applicant in both cases is the same) and the creditors of the protected energy company of his intention to apply to court at least 7 days before the date that he intends to make his application; and

(b) attach to the application to court a statement that he has notified the creditors, and copies of any response from creditors to that notification.

(3) Where such an application is to be made other than by the energy administrator—

(a) the applicant shall also give notice in writing to the energy administrator of his intention to apply to court at least 7 days before the date that he intends to make his application; and

(b) upon receipt of such written notice the energy administrator shall, before the end of the 7 day notice period, provide the applicant with a progress report for the period since the last progress report (if any) or the date the protected energy company entered energy administration.

(4) Where the application is made other than by the Secretary of State, the application shall also state that it is made with the consent of the Secretary of State.

(5) Where the energy administrator applies to court under paragraph 79 of Schedule B1 to the 1986 Act in conjunction with a petition under section 124 of the 1986 Act(1) for an order to wind up the protected energy company, he shall, in addition to the requirements of paragraphs (2) and (4), notify the creditors whether he intends to seek appointment as liquidator.

(1)

1986 c. 45; section 124 was amended by the Criminal Justice Act 1988 c. 33, section 62(2); the Companies Act 1989 c. 40, section 60(2); the Access to Justice Act 1999 c. 22, Schedule 13, paragraph 133; the Insolvency Act 2000 c. 39, section 1, Schedule 1, paragraphs 1 and 7; S.I. 2002/1240, regulation 8, the Courts Act 2003 c. 39, Schedule 8, paragraph 294, S.I. 2004/2326, regulation 73(4)(a), and the Companies (Audit, Investigations and Community Enterprise) Act 2004, c. 27, section 50(3).