Manner in which service to be effected
- Serve court documents on the energy company or other persons
UK Statutory Instrument
2005
United Kingdom
The Energy Administration Rules 2005
At a glance
What's here
36 compliance obligations
Who this Act binds
Plus 7 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Notification and advertisement of energy administrator’s appointment
- Advertise and notify appointment as energy administrator
Notice requiring statement of affairs
Other duties (1) — Crown / regulator
- Energy administrator must send notice requiring statement of affairs Statutory regulator
Verification and filing
- Submit verified statement of affairs and concurrences to the energy administrator
Limited disclosure
- Apply for court order to limit disclosure of company statements
Expenses of statement of affairs
- Energy administrator must pay reasonable expenses for statement of affairs
Energy administrator’s proposals
- Send a statement of proposals to Companies House within the required timeframe
Creditors' meetings generally
- Summon creditors' meetings with proper notice and venue
The chairman at meetings
- Energy administrator must chair creditors' meetings or nominate a chair
Creditors' meeting for nomination of alternative liquidator
- Energy administrator must call creditors' meeting to nominate alternative liquidator
Entitlement to vote
- Submit debt details and proxy to vote at creditor meetings
Holders of negotiable instruments
- Do not vote on negotiable instrument debts unless you treat earlier liabilities as security
Revision of the energy administrator’s proposals
Other duties (1) — Crown / regulator
- Energy administrator must prepare and send revised proposals to creditors and members Crown / Minister / Government department
Reports to creditors
- Send progress reports to creditors and regulators within 1 month of each period
Authority to dispose of property
- Energy administrator must notify secured creditors and Companies House of court disposal orders
Distribution to creditors generally
- Energy administrator must notify creditors of dividend distribution
Supplementary provisions as to dividend
- Energy administrator must reserve funds for unresolved debts before paying dividends
Energy administrator to allow inspection of proofs
Other duties (1) — Crown / regulator
- Energy administrator must let creditors inspect proof-of-debt documents Statutory regulator
Admission and rejection of proofs for dividend
- Energy administrator must provide written reasons for rejecting a proof
Appeal against decision on proof
Other duties (1) — Crown / regulator
- Court must fix hearing date for creditor's appeal against energy administrator's decision Tribunal / Court
Estimate of quantum
- Energy administrator must estimate and notify uncertain debts
Notice of proposed distribution
- Energy administrator must give 28 days' notice of proposed distribution to creditors
Admission or rejection of proofs
Other duties (1) — Crown / regulator
- Energy administrator must admit or reject creditor proofs within 7 days Statutory regulator
Declaration of dividend
Other duties (1) — Crown / regulator
- Energy administrator must declare dividend within 2 months of notice Statutory regulator
Assignment of right to dividend
Other duties (1) — Crown / regulator
- Energy administrator must pay dividends to assigned recipients on notice Statutory regulator
Fixing of remuneration
- Energy administrator must apply to court for fee approval and notify creditors
Application to court
- When applying to end energy administration, include progress report and notify creditors
Notification by energy administrator of court order
- Notify Companies House when energy administration ends
Moving from energy administration to creditors' voluntary liquidation
- Send notice and final report when moving to creditors' voluntary liquidation
Moving from energy administration to dissolution
- Send dissolution notice with final progress report to Companies House
Provision of information to the Secretary of State
- Provide debt and shortfall report to Secretary of State after energy administration ends
Notice of intention to resign
- Give 7 days' notice of intention to resign as energy administrator
Application under section 176A(5) of the 1986 Act to disappply section 176A of the 1986 Act
- Energy administrator must support court application with sworn affidavit
Procedure where detailed assessment required
- Commence detailed assessment of costs within 3 months when required by energy administrator
Right of inspection
- Energy administrator must allow inspection of proxies
Notice of order under section 176A(5) of the 1986 Act
- Energy administrator must notify protected company, creditors, and registrar after court order
Browse 151 other sections — procedural / definitional / commencement
Citation and commencement
Construction and interpretation
Extent
Affidavit in support of energy administration application
Form of application
Contents of application and affidavit in support
Filing of application
Service of application
Notice to officers charged with execution of writs or other process, etc
Proof of service
The hearing
Notice of energy administration order
Release from duty to submit statement of affairs; extension of time
Admission and rejection of claims
Secured creditors
Hire-purchase, conditional sale and chattel leasing agreements
Resolutions
Minutes
Venue and conduct of company meeting
Priority of expenses of energy administration
Debts of insolvent company to rank equally
Division of unsold assets
Proving a debt
Claim established by affidavit
Costs of proving
New energy administrator appointed
Withdrawal or variation of proof
Expunging of proof by the court
Negotiable instruments, etc
Secured creditors
Discounts
Mutual credits and set-off
Debt in foreign currency
Payments of a periodical nature
Interest
Debt payable at future time
Value of security
Surrender for non-disclosure
Redemption by energy administrator
Test of security’s value
Realisation of security by creditor
Notice of declaration of a dividend
Payments of dividends and related matters
Notice of no dividend, or no further dividend
Proof altered after payment of dividend
Secured creditors
Disqualification from dividend
Debt payable at future time
Final progress reports
Grounds for resignation
Notice of resignation
Application to court to remove energy administrator from office
Notice of vacation of office when energy administrator ceases to be qualified to act
Energy administrator deceased
Application to replace
Notification and advertisement of appointment of replacement energy administrator
Notification and advertisement of appointment of joint energy administrator
Notification to registrar of companies
Energy administrator’s duties on vacating office
Preliminary
Interpretation
Form and contents of application
Filing and service of application
Notice of application under section 176A(5) of the 1986 Act
Other hearings ex parte
Hearing of application
Use of affidavit evidence
Filing and service of affidavits
Use of reports
Adjournment of hearings; directions
Nomination and appointment of shorthand writers
Remuneration
Enforcement of court orders
Orders enforcing compliance with the Rules
Warrant under section 236 of the 1986 Act
Title of proceedings
Court records
Inspection of records
File of court proceedings
Right to inspect file
Filing of Gazette notices and advertisements
Application of CPR
Requirement to assess costs by the detailed procedure
Costs paid otherwise than out of the assets of the protected energy company
Award of costs against energy administrator
Application for costs
Costs and expenses of witnesses
Final costs certificate
Introductory
Appointment of another person to act
Affidavit in support of application
Services of notices following appointment
Appeals and reviews of energy administration orders
Procedure on appeal
Principal court rules and practice to apply
Right of audience
Right of attendance
Energy administrator’s solicitor
Formal defects
Restriction on concurrent proceedings and remedies
Affidavits
Security in court
Payment into court
Further information and disclosure
Office copies of documents
Definition of proxy
Issue and use of forms
Use of proxies at meetings
Retention of proxies
Proxy-holder with financial interest
Company representation
Preliminary
Form and contents of application
Order for examination, etc
Procedure for examination
Record of examination
Costs of proceedings under section 236
Power of Secretary of State to regulate certain matters
Costs, expenses, etc
Provable debts
Notices
Quorum at meeting of creditors
Evidence of proceedings at meetings
Documents issuing from Secretary of State
Forms for use in energy administration proceedings
Energy administrator’s security
Time-limits
Service by post
General provisions as to service and notice
Service outside the jurisdiction
Confidentiality of documents
Notices sent simultaneously to the same person
Right to copy documents
Charge for copy documents
Non-receipt of notice of meeting
Right to have list of creditors
False claim of status as creditor
The Gazette
Punishment of offences
Introductory
“The court”; “the registrar”
“Give notice” etc
Notice, etc to solicitors
Notice to joint energy administrators
“Venue”
“Energy administration proceedings”
“The appropriate fee”
“Debt”, “liability”
Application
“Authorised deposit-taker and former authorised deposit-taker”
Expressions used generally
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