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The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020
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Limited disclosure of SMCL administrator’s statement of proposals
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24.—(1) If the SMCL administrator thinks that it would prejudice the conduct of the SMCL administration or might reasonably be expected to lead to violence against any person for any of the matters specified in Rule 21(2)(h) and (i) to be disclosed, the SMCL administrator may apply to the court for an order in relation to any specified part of the statement of proposals.
(2) The court may, on such application, order that some or all of the specified part of the statement must not be delivered to the registrar of companies or to creditors or members of the SMCL as otherwise required by paragraph 49(4) of Schedule B1 to the 1986 Act.
(3) The SMCL administrator must as soon as reasonably practicable deliver to the persons specified in paragraph 49(4) of Schedule B1 to the 1986 Act the statement of proposals (to the extent provided by the order) and an indication of the nature of the matter in relation to which the order was made.
(4) The SMCL administrator must also deliver a copy of the order to the registrar of companies.
(5) A creditor may apply to the court for an order that the SMCL administrator disclose any part of a statement of proposals in relation to which an order has been made under paragraph (2).
(6) The application under paragraph (5) must be supported by a witness statement.
(7) The applicant must deliver to the SMCL administrator notice of the application under paragraph (5) at least three business days before the hearing.
(8) The court may, on an application under paragraph (5), make any order for disclosure subject to any conditions as to confidentiality, duration, the scope of the order in the event of any change of circumstances, or other matters as it thinks just.
(9) If there is a material change in circumstances rendering an order under paragraph (2) wholly or partially unnecessary, the SMCL administrator must, as soon as reasonably practicable after the change, apply to the court for the order or any part of it to be rescinded or amended.
(10) The SMCL administrator must, as soon as reasonably practicable after the making of an order under paragraph (9), deliver to the persons specified in paragraph 49(4) of Schedule B1 to the 1986 Act a copy of the statement of proposals to the extent provided by the order and an indication of the nature of the matter in relation to which the order was made.
(11) The provisions of CPR Part 31 do not apply to any application under this Rule.
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