The Energy Administration (Scotland) Rules 2006

Reports to creditors

27.—(1) The energy administrator shall–

(a) within six weeks after the end of each accounting period; and

(b) within six weeks after he ceases to act as energy administrator,

send to the court, the registrar of companies, each creditor, the Secretary of State and GEMA, a progress report attached to Form EA14(S).

(2) For the purposes of this Part, “accounting period”, in relation to an energy administration, shall be construed in accordance with Rule 41.

(3) For the purposes of this Part, “progress report” means a report which includes–

(a) the name of the court which granted the energy administration order, and the court reference number (if any);

(b) details of the protected energy company’s name, address and registration number;

(c) details of the energy administrator’s name and address, date of appointment and name and address of the applicant for the energy administration order, including any changes in office-holder, and, in the case of joint energy administrators, their functions as set out in the statement made for the purposes of section 158(5) of the 2004 Act;

(d) details of progress to date, including a receipts and payments account which states what assets of the protected energy company have been realised, for what value, and what payments have been made to creditors;

(e) details of what assets remain to be realised;

(f) where a distribution is to be made in accordance with Part 7 in respect of an accounting period, the scheme of division; and

(g) any other relevant information for the creditors.

(4) For the purposes of paragraph (3)(d), the account shall be in the form of an abstract showing–

(a) receipts and payments during the relevant accounting period; or

(b) where the energy administrator has ceased to act, receipts and payments during the period from the end of the last accounting period to the time when he so ceased (or, where he has made no previous progress report, receipts and payments in the period since his appointment as energy administrator).

(5) In a receipts and payments account falling within paragraph (4)(b), the energy administrator shall include a statement as to the amount paid to unsecured creditors by virtue of the application of section 176A of the 1986 Act (prescribed part).

(6) The court may, on the application of the energy administrator, extend the period of six weeks referred to in paragraph (1) of this Rule.

(7) If the energy administrator makes default in complying with this Rule without reasonable excuse, he shall be guilty of an offence.

(8) An energy administrator convicted of an offence under paragraph (7) shall be liable–

(a) on summary conviction to a fine not exceeding one-fifth of the statutory maximum; or

(b) in relation to a second or subsequent conviction of the offence, to a daily default fine of one-fiftieth of the statutory maximum in respect of each day on which the contravention is continued.

(9) This Rule is without prejudice to the requirements of Part 6 (distribution to creditors).