Part 3Energy Regulation
C7C10Chapter 3Special administration regime for energy licensees
Pt. 3 Ch. 3 power to apply and modify conferred (26.12.2023) by Energy Act 2023 (c. 52), ss. 48, 334(3)(a)
Financial support for companies in administration
I1C1C2C3C4C5C6C7C8C10C9167C7C10Guarantees where energy administration order is made
1
This section applies where an energy administration order has been made in relation to a company.
2
The Secretary of State may guarantee—
a
the repayment of any sum borrowed by the company while the energy administration order is in force;
b
the payment of interest on such a sum; and
c
the discharge of any other financial obligation of the company in connection with the borrowing of such a sum.
3
The Secretary of State may give a guarantee under this section in such manner, and on such terms, as he thinks fit.
4
As soon as practicable after giving a guarantee under this section, the Secretary of State must lay a statement of the guarantee before Parliament.
5
If sums are paid out by the Secretary of State under a guarantee given under this section, the company must pay him—
a
such amounts in or towards the repayment to him of those sums as he may direct; and
b
interest, at such rates as he may direct, on amounts outstanding under this subsection.
6
Payments to the Secretary of State under subsection (5) must be made at such times, and in such manner, as he may from time to time direct.
7
Where a sum has been paid out by the Secretary of State under a guarantee given under this section, he must lay a statement relating to that sum before Parliament—
a
as soon as practicable after the end of the financial year in which that sum is paid out; and
b
as soon as practicable after the end of each subsequent relevant financial year.
8
In relation to a sum paid out under a guarantee, a financial year is a relevant financial year for the purposes of subsection (7) unless—
a
before the beginning of that year, the whole of that sum has been repaid to the Secretary of State under subsection (5); and
b
the company in question is not at any time during that year subject to liability to pay interest on amounts that became due under that subsection in respect of that sum.
9
The consent of the Treasury is required—
a
for the giving of a guarantee under this section; and
b
for the giving by the Secretary of State of a direction under subsection (5) or (6).
10
The Secretary of State must pay sums received by him by virtue of subsection (5) into the Consolidated Fund.
Pt. 3 Ch. 3: power to modify conferred (31.3.2022 for specified purposes, 1.6.2022 in so far as not already in force) by Nuclear Energy (Financing) Act 2022 (c. 15), ss. 38, 44(1)(c)(2)(c)