The Energy Administration Rules 2005

PART 1INTRODUCTORY PROVISIONS

1Citation and commencement

2Construction and interpretation

PART 2APPOINTMENT OF ENERGY ADMINISTRATOR BY COURT

4Affidavit in support of energy administration application

5Form of application

6Contents of application and affidavit in support

7Filing of application

8Service of application

9Notice to officers charged with execution of writs or other process, etc

10Manner in which service to be effected

11Proof of service

13Notice of energy administration order

PART 3PROCESS OF ENERGY ADMINISTRATION

14Notification and advertisement of energy administrator’s appointment

15Notice requiring statement of affairs

16Verification and filing

17Limited disclosure

18Release from duty to submit statement of affairs; extension of time

19Expenses of statement of affairs

20Energy administrator’s proposals

PART 4MEETINGS AND REPORTS

CHAPTER 1Creditors' meetings

21Creditors' meetings generally

22The chairman at meetings

23Creditors' meeting for nomination of alternative liquidator

24Entitlement to vote

25Admission and rejection of claims

26Secured creditors

27Holders of negotiable instruments

28Hire-purchase, conditional sale and chattel leasing agreements

31Revision of the energy administrator’s proposals

32Reports to creditors

CHAPTER 2Company meetings

33Venue and conduct of company meeting

PART 5DISPOSAL OF CHARGED PROPERTY

34Authority to dispose of property

PART 6EXPENSES OF THE ENERGY ADMINISTRATION

35Priority of expenses of energy administration

PART 7DISTRIBUTION OF CREDITORS

CHAPTER 1Application of Part and general

36Distribution to creditors generally

37Debts of insolvent company to rank equally

38Supplementary provisions as to dividend

39Division of unsold assets

CHAPTER 2Machinery of proving a debt

40Proving a debt

41Claim established by affidavit

42Costs of proving

43Energy administrator to allow inspection of proofs

44New energy administrator appointed

45Admission and rejection of proofs for dividend

46Appeal against decision on proof

47Withdrawal or variation of proof

48Expunging of proof by the court

CHAPTER 3Quantification of claims

49Estimate of quantum

50Negotiable instruments, etc

51Secured creditors

53Mutual credits and set-off

54Debt in foreign currency

55Payments of a periodical nature

57Debt payable at future time

58Value of security

59Surrender for non-disclosure

60Redemption by energy administrator

61Test of security’s value

62Realisation of security by creditor

63Notice of proposed distribution

64Admission or rejection of proofs

65Declaration of dividend

66Notice of declaration of a dividend

67Payments of dividends and related matters

68Notice of no dividend, or no further dividend

69Proof altered after payment of dividend

70Secured creditors

71Disqualification from dividend

72Assignment of right to dividend

73Debt payable at future time

PART 8THE ENERGY ADMINISTRATOR

74Fixing of remuneration

PART 9ENDING ENERGY ADMINISTRATION

75Final progress reports

76Application to court

77Notification by energy administrator of court order

78Moving from energy administration to creditors' voluntary liquidation

79Moving from energy administration to dissolution

80Provision of information to the Secretary of State

PART 10REPLACING ENERGY ADMINISTRATOR

81Grounds for resignation

82Notice of intention to resign

83Notice of resignation

84Application to court to remove energy administrator from office

85Notice of vacation of office when energy administrator ceases to be qualified to act

86Energy administrator deceased

87Application to replace

88Notification and advertisement of appointment of replacement energy administrator

89Notification and advertisement of appointment of joint energy administrator

90Notification to registrar of companies

91Energy administrator’s duties on vacating office

PART 11COURT PROCEDURE AND PRACTICE

CHAPTER 1Applications

93Interpretation

94Form and contents of application

95Application under section 176A(5) of the 1986 Act to disappply section 176A of the 1986 Act

96Filing and service of application

97Notice of application under section 176A(5) of the 1986 Act

98Other hearings ex parte

99Hearing of application

100Use of affidavit evidence

101Filing and service of affidavits

102Use of reports

103Adjournment of hearings; directions

CHAPTER 2Shorthand writers

104Nomination and appointment of shorthand writers

105Remuneration

CHAPTER 3Enforcement procedures

106Enforcement of court orders

107Orders enforcing compliance with the Rules

108Warrant under section 236 of the 1986 Act

CHAPTER 4Court records and returns

109Title of proceedings

110Court records

111Inspection of records

112File of court proceedings

113Right to inspect file

114Filing of Gazette notices and advertisements

CHAPTER 5Costs and detailed assessment

115Application of CPR

116Requirement to assess costs by the detailed procedure

117Procedure where detailed assessment required

118Costs paid otherwise than out of the assets of the protected energy company

119Award of costs against energy administrator

120Application for costs

121Costs and expenses of witnesses

122Final costs certificate

CHAPTER 6Persons incapable of managing their affairs

123Introductory

124Appointment of another person to act

125Affidavit in support of application

126Services of notices following appointment

CHAPTER 7Appeals in energy administration proceedings

127Appeals and reviews of energy administration orders

128Procedure on appeal

CHAPTER 8General

129Principal court rules and practice to apply

130Right of audience

131Right of attendance

132Energy administrator’s solicitor

133Formal defects

134Restriction on concurrent proceedings and remedies

136Security in court

137Payment into court

138Further information and disclosure

139Office copies of documents

PART 12PROXIES AND COMPANY REPRESENTATION

140Definition of proxy

141Issue and use of forms

142Use of proxies at meetings

143Retention of proxies

144Right of inspection

145Proxy-holder with financial interest

146Company representation

PART 13EXAMINATION OF PERSONS IN ENERGY ADMINISTRATION PROCEEDINGS

148Form and contents of application

149Order for examination, etc

150Procedure for examination

151Record of examination

152Costs of proceedings under section 236

PART 14MISCELLANEOUS AND GENERAL

153Power of Secretary of State to regulate certain matters

154Costs, expenses, etc

155Provable debts

157Quorum at meeting of creditors

158Evidence of proceedings at meetings

159Documents issuing from Secretary of State

160Forms for use in energy administration proceedings

161Energy administrator’s security

163Service by post

164General provisions as to service and notice

165Service outside the jurisdiction

166Confidentiality of documents

167Notices sent simultaneously to the same person

168Right to copy documents

169Charge for copy documents

170Non-receipt of notice of meeting

171Right to have list of creditors

172False claim of status as creditor

174Punishment of offences

175Notice of order under section 176A(5) of the 1986 Act

PART 15INTERPRETATION AND APPLICATION

176Introductory

177“The court”; “the registrar”

178“Give notice” etc

179Notice, etc to solicitors

180Notice to joint energy administrators

182“Energy administration proceedings”

183“The appropriate fee”

184“Debt”, “liability”

186“Authorised deposit-taker and former authorised deposit-taker”

186Expressions used generally

SCHEDULE 1FORMS

SCHEDULE 2PUNISHMENT OF OFFENCES UNDER THE RULES

2005 No. 2483

INSOLVENCY, ENGLAND AND WALES

COMPANIES

The Energy Administration Rules 2005

Made2nd September 2005

Laid before Parliament7th September 2005

Coming into force1st October 2005

The Lord Chancellor, in the exercise of the powers conferred on him by section 411 of the Insolvency Act 19861 and section 159(3) of the Energy Act 20042, with the concurrence of the Secretary of State, and after consulting the committee existing for that purpose under section 413 of the Insolvency Act 1986, hereby makes the following Rules:—