The Energy Supply Company Administration Rules 2013

PART 9 U.K. Ending energy supply company administration

Final progress reports U.K.

78.—(1) In this Part reference to a progress report is to a report in the form specified in Rule 33.

(2) The final progress report means a progress report which includes a summary of—

(a) the energy administrator's proposals;

(b) any major amendments to, or deviations from, those proposals;

(c) the steps taken during the energy supply company administration; and

(d) the outcome.

Application to court U.K.

79.—(1) An application to court under paragraph 79 of Schedule B1 to the 1986 Act for an order ending an energy supply company administration must have attached to it a progress report for the period since the last progress report (if any) or the date the energy supply company entered energy supply company administration and a statement indicating what the applicant thinks should be the next steps for the energy supply company (if applicable).

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

(a) give notice in writing to the applicant for the esc administration order (unless the applicant in both cases is the same) and the creditors of the energy supply company of the applicant's intention to apply to court at least 5 business days before the date that the applicant intends to make an application; and

(b) attach to the application to court a statement that the applicant has notified the creditors, and copies of any response from creditors to that notification.

(3) Where such an application is to be made other than by the energy administrator—

(a) the applicant must also give notice in writing to the energy administrator of the applicant's intention to apply to court at least 5 business days before the date that the applicant intends to make an application; and

(b) upon receipt of such written notice the energy administrator must, before the end of the 5 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 energy supply company entered energy supply company 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 energy 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 M1 for an order to wind up the energy supply company, the energy administrator must, in addition to the requirements of paragraphs (2) and (4), notify the creditors whether the energy administrator intends to seek appointment as liquidator.

Marginal Citations

M1 1986 c. 45; 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, regulation 8; the Courts Act 2003 (c. 39), Schedule 8, paragraph 294; S.I. 2004/2326, regulation 73(4)(a); the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), section 50(3); S.I. 2006/2078 and S.I. 2009/1941.

Notification by energy administrator of court order U.K.

80.—(1) Where the court makes an order to end the energy supply company administration, the energy administrator must deliver to the registrar of companies a copy of the court order and a copy of the final progress report.

(2) Where the court makes such an order, it must, where the applicant is not the energy administrator, give a copy of the order to the energy administrator.

(3) As soon as reasonably practicable, the energy administrator must send a copy of the notice and the final progress report to all other persons who received notice of the energy administrator's appointment.

Moving from energy supply company administration to creditors' voluntary liquidation U.K.

81.—(1) As soon as reasonably practicable after the day on which the registrar of companies registers the notice of moving from energy supply company administration to creditors' voluntary liquidation sent by the energy administrator for the purposes of paragraph 83(3) of Schedule B1 to the 1986 Act, the person who at that point ceases to be the energy administrator must (whether the energy administrator becomes the liquidator or not) send a final progress report (which must include details of the assets to be dealt with in the liquidation) to—

(a) all those who received notice of the energy administrator's appointment;

(b) where the Secretary of State did not receive notice of the energy administrator's appointment, to the Secretary of State; and

(c) where GEMA did not receive notice of the energy administrator's appointment, to GEMA,

and must deliver a copy to the registrar of companies.

(2) For the purposes of paragraph 83(7) of Schedule B1 to the 1986 Act, a person shall be nominated as liquidator in accordance with the provisions of Rule 32(2)(g) and that person's appointment takes effect, following registration under paragraph (1)—

(a) by virtue of the energy administrator's proposals or revised proposals; or

(b) where a creditors' meeting is held in accordance with Rule 24, as a consequence of such a meeting.

(3) GEMA must notify the Secretary of State before consenting to the energy administrator delivering a notice of moving from energy supply company administration to creditors' voluntary liquidation to the registrar of companies.

Moving from energy supply company administration to dissolution U.K.

82.—(1) Where, for the purposes of paragraph 84(1) of Schedule B1 to the 1986 Act, the energy administrator delivers a notice of moving from energy supply company administration to dissolution to the registrar of companies, the energy administrator must attach to that notice a final progress report.

(2) As soon as reasonably practicable the energy administrator must send a copy of the notice and the attached document to—

(a) all those who received notice of the energy administrator's appointment;

(b) where the Secretary of State did not receive notice of the energy administrator's appointment, the Secretary of State; and

(c) where GEMA did not receive notice of the energy administrator's appointment, to GEMA.

(3) Where a court makes an order under paragraph 84(7) of Schedule B1 to the 1986 Act, it must, where the applicant is not the energy administrator, give a copy of the order to the energy administrator.

(4) The energy administrator must notify the registrar of companies in accordance with paragraph 84(8) of Schedule B1 to the 1986 Act of any order made by the court under paragraph 84(7) of Schedule B1 to the 1986 Act.

(5) GEMA must notify the Secretary of State before directing the energy administrator to deliver a notice of moving from energy supply company administration to dissolution to the registrar of companies.

Provision of information to the Secretary of State U.K.

83.  Where the energy supply company administration ends pursuant to paragraph 79, 83 or 84 of Schedule B1 to the 1986 Act, the energy administrator must, at the same time as sending the final progress report under Rule 83(1), provide the Secretary of State with the following information—

(a) a breakdown of the relevant debts (within the meaning of section 98(4) of the 2011 Act) of the energy supply company, which remain outstanding; and

(b) details of any shortfall (within the meaning of section 98(3)(a) of the 2011 Act) in the property of the energy supply company available for meeting those relevant debts.