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PART 2SPECIAL ADMINISTRATION REGIME FOR PROTECTED ENERGY COMPANIES

Restrictions on other insolvency procedures

Restrictions on making ordinary administration orders

25.—(1) This section applies where an ordinary administration application is made in relation to a protected energy company by a person other than the Department.

(2) The High Court must dismiss the application if—

(a)an energy administration order is in force in relation to the company; or

(b)an energy administration order has been made in relation to the company but is not yet in force.

(3) Where subsection (2) does not apply, the High Court, on hearing the application, must not exercise its powers under paragraph 14 of Schedule B1 to the Insolvency Order (other than its power of adjournment) unless—

(a)notice of the application has been served both on the Department and on the Authority;

(b)a period of at least 14 days has elapsed since the service of the last of those notices to be served; and

(c)there is no application for an energy administration order that is outstanding.

(4) Paragraph 45 of Schedule B1 to the Insolvency Order (interim moratorium) does not prevent, or require the permission of the High Court for, the making of an application for an energy administration order.

(5) Upon the making of an energy administration order in relation to a protected energy company, the High Court must dismiss any ordinary administration application made in relation to that company which is outstanding.

(6) In this section “ordinary administration application” means an application in accordance with paragraph 13 of Schedule B1 to the Insolvency Order.