The Energy Supply Company Administration (Scotland) Rules 2013

Revision of the energy administrator’s proposals

33.—(1) A statement of revised proposals under paragraph 54 of Schedule B1 to the 1986 Act shall include—

(a) details of the court which granted the energy supply company administration order or in which the notice of appointment was lodged and the relevant court reference number (if any);

(b) the full name, registered address, registered number and any other trading names of the energy supply company;

(c) details relating to the appointment of the energy administrator, including the date of appointment and whether the energy supply company administration application was made by the Secretary of State or by GEMA;

(d) the names of the directors and secretary of the energy supply company and details of any shareholdings which they have in the energy supply company;

(e) a summary of the initial proposals and the reason for proposing a revision;

(f) details of the proposed revision including details of the energy administrator’s assessment of the likely impact of the proposed revision upon creditors generally or upon each class of creditors (as the case may be);

(g) where it is proposed, by virtue of the revision, to make distributions to creditors in accordance with Part 6, the classes of creditors to whom it is proposed that distributions be made and whether or not the energy administrator intends to make an application to the court under paragraph 65(3) of Schedule B1 to the 1986 Act;

(h) where the revision includes a proposal to move from energy supply company administration to a creditors’ voluntary liquidation—

(i) details of the proposed liquidator; and

(ii) a statement that, in accordance with paragraph 83(7) of Schedule B1 to the 1986 Act and Rule 57, creditors may nominate another person to act as liquidator, provided that the nomination is made at a meeting of creditors called for that purpose;

(iii) any other information that the energy administrator thinks necessary to enable creditors to decide whether or not to vote for the proposed revisions; and

(iv) where applicable, the declaration required by section 231(appointment to office of two or more persons) of the 1986 Act.

(2) The energy administrator shall send a copy of the statement in paragraph (1) above together with a notice in Form ESCA12(S) to the registrar of companies at the same time as it is sent to the creditors of the energy supply company and, subject to paragraph 54(4) of Schedule B1 to the 1986 Act, within 5 business days of sending out the statement in paragraph (1) above, shall send a copy of the statement to every member of the energy supply company.

(3) Where the energy administrator wishes to publish a notice under paragraph 54(3) of Schedule B1 to the 1986 Act, the notice shall be advertised in such manner as the energy administrator thinks fit.

(4) The notice referred to in paragraph (3) shall—

(a) state the full name of the energy supply company;

(b) state the name and address of the energy administrator;

(c) specify an address to which any member of the company can write to request that a copy of the statement be provide free of charge; and

(d) be published as soon as is reasonably practicable after the administrator sends the statement to creditors.