| Guvnor

Status: In Force
Penalty ceiling: Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Director or Officer23 Applicant2 Any Person2 Trader1 Responsible Person1

Plus 7 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Director or Officer — also bound by 429 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 duties

Applicant — also bound by 307 other Acts

Insolvency (England and Wales) Rules 2016 46 duties

Human Medicines Regulations 2012 42 duties

The Land Registration Rules 2003 25 duties

Regulation (EU) No 1178/2011 (Aircrew) 20 duties

Value Added Tax Regulations 1995 18 duties

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Trader — also bound by 825 other Acts

Value Added Tax Regulations 1995 416 duties

Companies Act 2006 243 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 133 duties

Companies Act 1985 85 duties

Insolvency (England and Wales) Rules 2016 62 duties

Responsible Person — also bound by 108 other Acts

MH(CT)(S)A 2003 30 duties

Climate Change Levy (General) Regulations 2001 24 duties

Offshore Installations (Offshore Safety Directive) (Safety Case ) Regulations 2015 21 duties

The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 21 duties

The Offshore Installations (Safety Case) Regulations 2005 19 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.art010 Manner in which service to be effected Regulated

Serve court documents on the energy company or other personsApplicant

s.art014 Notification and advertisement of energy administrator’s appointment Regulated

Advertise and notify appointment as energy administratorDirector or Officer

s.art015 Notice requiring statement of affairs Regulated

Other duties (1) — Crown / regulator

Energy administrator must send notice requiring statement of affairsStatutory regulator

s.art016 Verification and filing Regulated

Submit verified statement of affairs and concurrences to the energy administratorResponsible Person

s.art017 Limited disclosure Regulated

Apply for court order to limit disclosure of company statementsDirector or Officer

s.art019 Expenses of statement of affairs Regulated

Energy administrator must pay reasonable expenses for statement of affairsDirector or Officer

s.art020 Energy administrator’s proposals Regulated

Send a statement of proposals to Companies House within the required timeframeDirector or Officer

s.art021 Creditors' meetings generally Regulated

Summon creditors' meetings with proper notice and venueDirector or Officer

s.art022 The chairman at meetings Regulated

Energy administrator must chair creditors' meetings or nominate a chairDirector or Officer

s.art023 Creditors' meeting for nomination of alternative liquidator Regulated

Energy administrator must call creditors' meeting to nominate alternative liquidatorDirector or Officer

s.art024 Entitlement to vote Regulated

Submit debt details and proxy to vote at creditor meetingsAny Person

s.art027 Holders of negotiable instruments Regulated

Do not vote on negotiable instrument debts unless you treat earlier liabilities as securityTrader

s.art031 Revision of the energy administrator’s proposals Regulated

Other duties (1) — Crown / regulator

Energy administrator must prepare and send revised proposals to creditors and membersCrown / Minister / Government department

s.art032 Reports to creditors Regulated

Send progress reports to creditors and regulators within 1 month of each periodDirector or Officer

s.art034 Authority to dispose of property Regulated

Energy administrator must notify secured creditors and Companies House of court disposal ordersDirector or Officer

s.art036 Distribution to creditors generally Regulated

Energy administrator must notify creditors of dividend distributionDirector or Officer

s.art038 Supplementary provisions as to dividend Regulated

Energy administrator must reserve funds for unresolved debts before paying dividendsDirector or Officer

s.art043 Energy administrator to allow inspection of proofs Regulated

Other duties (1) — Crown / regulator

Energy administrator must let creditors inspect proof-of-debt documentsStatutory regulator

s.art045 Admission and rejection of proofs for dividend Regulated

Energy administrator must provide written reasons for rejecting a proofDirector or Officer

s.art046 Appeal against decision on proof Regulated

Other duties (1) — Crown / regulator

Court must fix hearing date for creditor's appeal against energy administrator's decisionTribunal / Court

s.art049 Estimate of quantum Regulated

Energy administrator must estimate and notify uncertain debtsDirector or Officer

s.art063 Notice of proposed distribution Regulated

Energy administrator must give 28 days' notice of proposed distribution to creditorsDirector or Officer

s.art064 Admission or rejection of proofs Regulated

Other duties (1) — Crown / regulator

Energy administrator must admit or reject creditor proofs within 7 daysStatutory regulator

s.art065 Declaration of dividend Regulated

Other duties (1) — Crown / regulator

Energy administrator must declare dividend within 2 months of noticeStatutory regulator

s.art072 Assignment of right to dividend Regulated

Other duties (1) — Crown / regulator

Energy administrator must pay dividends to assigned recipients on noticeStatutory regulator

s.art074 Fixing of remuneration Regulated

Energy administrator must apply to court for fee approval and notify creditorsDirector or Officer

s.art076 Application to court Regulated

When applying to end energy administration, include progress report and notify creditorsApplicant

s.art077 Notification by energy administrator of court order Regulated

Notify Companies House when energy administration endsDirector or Officer

s.art078 Moving from energy administration to creditors' voluntary liquidation Regulated

Send notice and final report when moving to creditors' voluntary liquidationDirector or Officer

s.art079 Moving from energy administration to dissolution Regulated

Send dissolution notice with final progress report to Companies HouseDirector or Officer

s.art080 Provision of information to the Secretary of State Regulated

Provide debt and shortfall report to Secretary of State after energy administration endsDirector or Officer

s.art082 Notice of intention to resign Regulated

Give 7 days' notice of intention to resign as energy administratorDirector or Officer

s.art095 Application under section 176A(5) of the 1986 Act to disappply section 176A of the 1986 Act Regulated

Energy administrator must support court application with sworn affidavitDirector or Officer

s.art117 Procedure where detailed assessment required Regulated

Commence detailed assessment of costs within 3 months when required by energy administratorAny Person

s.art144 Right of inspection Regulated

Energy administrator must allow inspection of proxiesDirector or Officer

s.art175 Notice of order under section 176A(5) of the 1986 Act Regulated

Energy administrator must notify protected company, creditors, and registrar after court orderDirector or Officer

151 other provisions — procedural and definitional

s.art001 Citation and commencement

s.art002 Construction and interpretation

s.art003 Extent

s.art004 Affidavit in support of energy administration application

s.art005 Form of application

s.art006 Contents of application and affidavit in support

s.art007 Filing of application

s.art008 Service of application

s.art009 Notice to officers charged with execution of writs or other process, etc

s.art011 Proof of service

s.art012 The hearing

s.art013 Notice of energy administration order

s.art018 Release from duty to submit statement of affairs; extension of time

s.art025 Admission and rejection of claims

s.art026 Secured creditors

s.art028 Hire-purchase, conditional sale and chattel leasing agreements

s.art029 Resolutions

s.art030 Minutes

s.art033 Venue and conduct of company meeting

s.art035 Priority of expenses of energy administration

s.art037 Debts of insolvent company to rank equally

s.art039 Division of unsold assets

s.art040 Proving a debt

s.art041 Claim established by affidavit

s.art042 Costs of proving

s.art044 New energy administrator appointed

s.art047 Withdrawal or variation of proof

s.art048 Expunging of proof by the court

s.art050 Negotiable instruments, etc

s.art051 Secured creditors

s.art052 Discounts

s.art053 Mutual credits and set-off

s.art054 Debt in foreign currency

s.art055 Payments of a periodical nature

s.art056 Interest

s.art057 Debt payable at future time

s.art058 Value of security

s.art059 Surrender for non-disclosure

s.art060 Redemption by energy administrator

s.art061 Test of security’s value

s.art062 Realisation of security by creditor

s.art066 Notice of declaration of a dividend

s.art067 Payments of dividends and related matters

s.art068 Notice of no dividend, or no further dividend

s.art069 Proof altered after payment of dividend

s.art070 Secured creditors

s.art071 Disqualification from dividend

s.art073 Debt payable at future time

s.art075 Final progress reports

s.art081 Grounds for resignation

s.art083 Notice of resignation

s.art084 Application to court to remove energy administrator from office

s.art085 Notice of vacation of office when energy administrator ceases to be qualified to act

s.art086 Energy administrator deceased

s.art087 Application to replace

s.art088 Notification and advertisement of appointment of replacement energy administrator

s.art089 Notification and advertisement of appointment of joint energy administrator

s.art090 Notification to registrar of companies

s.art091 Energy administrator’s duties on vacating office

s.art092 Preliminary

s.art093 Interpretation

s.art094 Form and contents of application

s.art096 Filing and service of application

s.art097 Notice of application under section 176A(5) of the 1986 Act

s.art098 Other hearings ex parte

s.art099 Hearing of application

s.art100 Use of affidavit evidence

s.art101 Filing and service of affidavits

s.art102 Use of reports

s.art103 Adjournment of hearings; directions

s.art104 Nomination and appointment of shorthand writers

s.art105 Remuneration

s.art106 Enforcement of court orders

s.art107 Orders enforcing compliance with the Rules

s.art108 Warrant under section 236 of the 1986 Act

s.art109 Title of proceedings

s.art110 Court records

s.art111 Inspection of records

s.art112 File of court proceedings

s.art113 Right to inspect file

s.art114 Filing of Gazette notices and advertisements

s.art115 Application of CPR

s.art116 Requirement to assess costs by the detailed procedure

s.art118 Costs paid otherwise than out of the assets of the protected energy company

s.art119 Award of costs against energy administrator

s.art120 Application for costs

s.art121 Costs and expenses of witnesses

s.art122 Final costs certificate

s.art123 Introductory

s.art124 Appointment of another person to act

s.art125 Affidavit in support of application

s.art126 Services of notices following appointment

s.art127 Appeals and reviews of energy administration orders

s.art128 Procedure on appeal

s.art129 Principal court rules and practice to apply

s.art130 Right of audience

s.art131 Right of attendance

s.art132 Energy administrator’s solicitor

s.art133 Formal defects

s.art134 Restriction on concurrent proceedings and remedies

s.art135 Affidavits

s.art136 Security in court

s.art137 Payment into court

s.art138 Further information and disclosure

s.art139 Office copies of documents

s.art140 Definition of proxy

s.art141 Issue and use of forms

s.art142 Use of proxies at meetings

s.art143 Retention of proxies

s.art145 Proxy-holder with financial interest

s.art146 Company representation

s.art147 Preliminary

s.art148 Form and contents of application

s.art149 Order for examination, etc

s.art150 Procedure for examination

s.art151 Record of examination

s.art152 Costs of proceedings under section 236

s.art153 Power of Secretary of State to regulate certain matters

s.art154 Costs, expenses, etc

s.art155 Provable debts

s.art156 Notices

s.art157 Quorum at meeting of creditors

s.art158 Evidence of proceedings at meetings

s.art159 Documents issuing from Secretary of State

s.art160 Forms for use in energy administration proceedings

s.art161 Energy administrator’s security

s.art162 Time-limits

s.art163 Service by post

s.art164 General provisions as to service and notice

s.art165 Service outside the jurisdiction

s.art166 Confidentiality of documents

s.art167 Notices sent simultaneously to the same person

s.art168 Right to copy documents

s.art169 Charge for copy documents

s.art170 Non-receipt of notice of meeting

s.art171 Right to have list of creditors

s.art172 False claim of status as creditor

s.art173 The Gazette

s.art174 Punishment of offences

s.art176 Introductory

s.art177 “The court”; “the registrar”

s.art178 “Give notice” etc

s.art179 Notice, etc to solicitors

s.art180 Notice to joint energy administrators

s.art181 “Venue”

s.art182 “Energy administration proceedings”

s.art183 “The appropriate fee”

s.art184 “Debt”, “liability”

s.art187 Application

s.part015 “Authorised deposit-taker and former authorised deposit-taker”

s.part015 Expressions used generally

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

The Energy Administration Rules 2005

Does it bind you?

Other Acts binding the same actors

What it requires