The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020

Application to court

91.—(1) An application to court under paragraph 79 of Schedule B1 to the 1986 Act(1) for an order ending an SMCL administration must have attached to it—

(a) a progress report for the period since—

(i) the last progress report (if any), or

(ii) if there has been no previous progress report, the date on which the SMCL entered SMCL administration; and

(b) a statement indicating what the applicant thinks should be the next steps for the SMCL (if applicable).

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

(a) at least five business days before the application is made, deliver notice of the applicant’s intention to apply to court to—

(i) the person who made the application for the SMCL administration order (unless the applicant in both cases is the same); and

(ii) the creditors of the SMCL; and

(b) attach to the application to court a statement that notice has been delivered to the creditors, and copies of any response from creditors to that notice.

(3) Where such an application is made other than by the SMCL administrator—

(a) the applicant must also, at least five business days before the application is made, deliver notice to the SMCL administrator of the applicant’s intention to apply to court; and

(b) upon receipt of such notice the SMCL administrator must, before the end of the five business day notice period, provide the applicant with a progress report for the period since the last progress report (if any) or the date the SMCL entered SMCL administration.

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

(5) Where the SMCL 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(2) for an order to wind up the SMCL, the notice to creditors under paragraph (2)(a)(ii) must also state whether the SMCL administrator intends to seek appointment as liquidator.

(1)

Paragraph 79 was amended by the Small Business, Enterprise and Employment Act 2015 (c.26), Schedule 9, paragraph 10; but those amendments do not apply to proceedings under the Smart Meters Act 2018, as a result of the savings made by S.I. 2017/540.

(2)

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; the Courts Act 2003 (c.39), Schedule 8, paragraph 294; S.I. 2004/2326; the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c.27), section 50(3); S.I. 2006/2078; S.I. 2009/1941 and S.I. 2017/702.