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PART 15Provisions of general effect

CHAPTER 9Inspection of documents and the provision of information

Confidentiality of documents – grounds for refusing inspection

194.—(1) Where in energy supply company administration proceedings the energy administrator considers that a document forming part of the records of those proceedings—

(a)should be treated as confidential; or

(b)is of such a nature that its disclosure would be prejudicial to the conduct of the proceedings or might reasonably be expected to lead to violence against any person,

the energy administrator may decline to allow it to be inspected by a person who would otherwise be entitled to inspect it.

(2) Where under this Rule the energy administrator determines to refuse inspection of a document, the person wishing to inspect it may apply to the court for that determination to be overruled and the court may either overrule it altogether or sustain it subject to such conditions (if any) as it thinks just.

Right to copy documents

195.  Where the 1986 Act or these Rules confer a right for any person to inspect documents, the right includes that of taking copies of those documents, on payment—

(a)in the case of documents on the court’s file of proceedings, of the fee chargeable under any order made under section 92 of the Courts Act 2003(1); and

(b)in any other case, of the appropriate fee.

Charges for copy documents

196.  Except where prohibited by these Rules, the energy administrator is entitled to require the payment of the appropriate fee for the supply of documents requested by a creditor or member.

Right to have list of creditors

197.—(1) A creditor has the right to require the energy administrator to provide a list of the creditors and the amounts of their respective debts unless paragraph (4) applies.

(2) The energy administrator on being required to furnish the list under paragraph (1)—

(a)as soon as reasonably practicable must send it to the person requiring the list to be furnished; and

(b)may charge the appropriate fee for doing so.

(3) The name and address of any creditor may be omitted from the list furnished under paragraph (2) where the energy administrator is of the view that its disclosure would be prejudicial to the conduct of the proceedings or might reasonably be expected to lead to violence against any person provided that—

(a)the amount of the debt in question is shown in the list; and

(b)a statement is included in the list that the name and address of the creditor has been omitted in respect of that debt.

(4) Paragraph (1) does not apply where a statement of affairs has been delivered to the registrar of companies.

(1)

2003 c. 39, as amended by the Constitutional Reform Act 2005 (c. 4).