The Energy Administration (Scotland) Rules 2006

PART 1Construction and Interpretation

1Citation and commencement

2Construction and interpretation

PART 2Appointment of Energy Administrator by Court

4Form of application

5Service of petition

7Notice of dismissal of application for an energy administration order

PART 3Process of Energy Administration

8Notification and advertisement of energy administrator’s appointment

9Notice requiring statement of affairs

10Statements of affairs and statements of concurrence

11Limited disclosure

12Release from duty to submit statement of affairs; extension of time

13Expenses of statement of affairs

14Energy administrator’s proposals

PART 4Meetings and Reports

15Meetings generally and notice

17The chairman at meetings

18Quorum at meeting of creditors

19Chairman of meeting as proxy holder

20Meeting following nomination of alternative liquidator

21Entitlement to vote (creditors and members)

22Hire-purchase, conditional sale and hiring agreements

23Disposal of secured property

25Report of Meeting

26Revision of the energy administrator’s proposals

27Reports to creditors

PART 5Claims in Energy Administration

28Submission of claims

29Secured debts

30Entitlement to vote and draw dividend

31Adjudication of claims

32Evidence in relation to claims

33Criminal offences in relation to false claims or evidence

34Amount which may be claimed generally

35Debts depending on contingency

36Liabilities and rights of co-obligants

37Claims in foreign currency

PART 6Distribution to Creditors

38Application of Part and general

39Order of priority in distribution

40Expenses of the energy administration

41Assets to be distributed

42Procedure after accounting period

43Unclaimed Dividends

PART 7Ending Energy Administration

44Final progress reports

45Application to court

46Notification by energy administrator of court order

47Moving from energy administration to creditors' voluntary liquidation

48Moving from energy administration to dissolution

49Provision of information to the Secretary of State

PART 8Replacing energy administrator

50Grounds for resignation

51Notice of intention to resign

52Notice of resignation

53Application to court to remove energy administrator from office

54Incapacity to act, through death or otherwise

55Application to replace

56Joint or concurrent appointments

57Notification and advertisement of appointment of replacement energy administrator

58Hand-over of assets to successor energy administrator

PART 9Prescribed Part

59Application under section 176A(5) of the 1986 Act to disapply section 176A of the 1986 Act

60Notice of order under section 176A(5) of the 1986 Act

PART 10Proxies and Company representation

61Definition of “proxy”

62Form of proxy

63Use of proxy at meeting

64Retention of proxies

65Right of inspection

66Proxy-holder with financial interest

67Representation of corporations

PART 11Miscellaneous and General

68Giving of notices, etc.

69Sending by post

70Certificate of giving notice, etc.

71Validity of proceedings

72Evidence of proceedings at meetings

73Right to list of creditors and copy documents

74Confidentiality of documents

75Energy administrator’s caution

76Punishment of offences

77Forms for use in energy administration proceedings

78Fees, expenses, etc.

79Power of court to cure defects in procedure

80Sederunt book

81Disposal of protected energy company’s books, papers and other records

82Information about time spent on a case

2006 No. 772 (S. 8)

INSOLVENCY, SCOTLANDCOMPANIES

The Energy Administration (Scotland) Rules 2006

Made13th March 2006

Laid before Parliament15th March 2006

Coming into force6th April 2006

The Secretary of State makes the following Rules, in exercise of the powers conferred by section 411 of the Insolvency Act 19861 and section 159(3) of the Energy Act 20042: