Notification and advertisement of energy administrator's appointment
- Energy administrator must publicise appointment and notify interested parties
UK Statutory Instrument
2013
United Kingdom
The Energy Supply Company Administration Rules 2013
At a glance
What's here
46 compliance obligations
Who this Act binds
Plus 18 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.
Notice requiring statement of affairs
Other duties (1) — Crown / regulator
- Energy administrator must send notice requiring statement of affairs Statutory regulator
Verification and filing
- Prepare and submit statement of affairs in administration
Limited disclosure
- File limited disclosure order and redacted statement of affairs with Companies House
Release from duty to submit statement of affairs; extension of time
Other duties (1) — Crown / regulator
- Energy administrator may release you from statement of affairs duty or extend time Statutory regulator
Expenses of statement of affairs
Other duties (1) — Crown / regulator
- Energy administrator must pay reasonable expenses for statement of affairs Crown / Minister / Government department
Energy administrator's proposals
- Energy administrator must prepare and file a statement of proposals
Limited disclosure of paragraph 49 of Schedule B1 to the 1986 Act statement
- Energy administrator must manage limited disclosure of the statement of affairs
Creditors' meetings generally
- Energy administrator must follow rules for creditors' meetings
Creditors' meeting for nomination of alternative liquidator
- Call creditors' meeting to nominate alternative liquidator when requested by 10%+ creditors
Holders of negotiable instruments
- Do not vote on bill-of-exchange debts without treating security
Revision of the energy administrator's proposals
- Energy administrator must prepare, send, and publish revised proposals
Reports
- Prepare and send progress reports to creditors, regulators and the court on time
Venue and conduct of company meeting
- Administer company meetings: fix venue, chair, and keep minutes
Authority to dispose of property
- Energy administrator must notify secured creditors of court hearing to sell property
Pre-energy supply company administration costs
- Insolvency practitioner must get court approval before paying pre-administration costs
Distribution to creditors generally
- Energy administrator must notify creditors of dividend distribution
Supplementary provisions as to dividend
Other duties (1) — Crown / regulator
- Energy administrator must pay missed dividends before further dividends Statutory regulator
Division of unsold assets
- Report value of unsold assets divided among creditors
Energy administrator to allow inspection of proofs
Other duties (1) — Crown / regulator
- Energy administrator must allow inspection of 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
- Challenge the administrator's decision on your proof of debt Tribunal / Court
Estimate of quantum
Other duties (1) — Crown / regulator
- Energy administrator must estimate and inform creditors of uncertain debts Statutory regulator
Notice of proposed distribution
Other duties (1) — Crown / regulator
- Notify creditors of proposed distribution during energy administration Statutory regulator
Admission or rejection of proofs
Other duties (1) — Crown / regulator
- Energy administrator must decide on creditor proofs within 5 business days Statutory regulator
Declaration of dividend
Other duties (1) — Crown / regulator
- Energy administrator must declare dividends within 2 months and not while court challenge pending Crown / Minister / Government department
Notice of declaration of a dividend
Other duties (1) — Crown / regulator
- Energy administrator must notify creditors who have proved their debts of any dividend declared Statutory regulator
Assignment of right to dividend
Other duties (1) — Crown / regulator
- Energy administrator must pay dividend to assignee upon notice Crown / Minister / Government department
Fixing of remuneration
Other duties (1) — Crown / regulator
- Court must fix energy administrator remuneration on application Tribunal / Court
Application to court
- Energy administrator must prepare progress report and next-steps statement for court
Notification by energy administrator of court order
Other duties (1) — Crown / regulator
- Energy administrator must send final court order and report to Companies House and interested parties Statutory regulator
Moving from energy supply company administration to creditors' voluntary liquidation
- Send final progress report when moving from administration to liquidation
Moving from energy supply company administration to dissolution
- Send final progress report and notify parties when moving to dissolution
Provision of information to the Secretary of State
- Provide information to the Secretary of State when energy administration ends
Notice of intention to resign
- Energy administrator must give 5 business days' notice of intention to resign
Notice of resignation
- Energy administrator must file and send notice of resignation
Notice of vacation of office when energy administrator ceases to be qualified to act
- Energy administrator must notify Companies House when ceasing to be qualified
Use of reports
Other duties (1) — Crown / regulator
- Energy administrator may use reports instead of witness statements in court Statutory regulator
Procedure where detailed assessment required
- Commence detailed cost assessment proceedings within 3 months when required by the energy administrator
Right of inspection
- Energy administrator must allow inspection of proxies by creditors and members
Order for examination, etc
Other duties (1) — Crown / regulator
- Energy administrator must serve court orders personally on the respondent Crown / Minister / Government department
Electronic delivery by energy administrators
- Energy administrators must offer hard copy of electronic notices within 5 business days
Use of websites by energy administrator
Other duties (1) — Crown / regulator
- Energy administrator must make documents available on a website and provide hard copies on request Statutory regulator
Special provision on account of expense as to website use
- Use website to provide notices and documents when court permits cost-saving
Complaint
Other duties (1) — Crown / regulator
- Energy administrator must handle complaints about meeting exclusion Statutory regulator
Notice of order under section 176A(5) of the 1986 Act
- Notify creditors and Companies House of court order disapplying prescribed part
Browse 162 other sections — procedural / definitional / commencement
Citation and commencement
Construction and interpretation
Application
Witness statement
Form of application
Contents of application and witness statement
Filing of application
Service of application
Notice to officers charged with execution of writs or other process
Manner in which service to be effected
Proof of service
The hearing
Notice of esc administration order
The chair at meetings
Entitlement to vote
Admission and rejection of claims
Secured creditors
Hire-purchase, conditional sale and chattel leasing agreements
Resolutions
Minutes
Priority of expenses of energy supply company administration
Debts of insolvent energy supply company to rank equally
Proving a debt
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
Postponement or cancellation of 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
Adjustment where dividend paid before time
Remuneration of new energy administrator
Final progress reports
Grounds for resignation
Application to court to remove energy administrator from office
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
Form and contents of application
Application under section 176A(5) of the 1986 Act to disapply section 176A of the 1986 Act
Filing and service of application
Application under section 176A(5) of the 1986 Act
Hearings without notice
Hearing of application
Witness statements - general
Filing and service of witness statements
Adjournment of hearings; directions
Nomination and appointment of shorthand writers
Remuneration
Enforcement of court orders
Orders enforcing compliance with these Rules
Warrant under section 236 of the 1986 Act
Court file
Application of Chapter 8
Requirement to assess costs by the detailed procedure
Costs paid otherwise than out of the assets of the energy supply 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
Witness statement in support of application
Service of notices following appointment
Appeals and reviews of esc administration orders
Procedure on appeal
Principal court rules and practice to apply
Rights of audience
Formal defects
Service of orders staying proceedings
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
Energy supply company representation
Preliminary
Form and contents of application
Procedure for examination
Record of examination
Cost of proceedings under section 236
Power of Secretary of State to regulate certain matters
Costs, expenses, etc
Provable debts
False claim of status as creditor, etc
Punishment of offences
Application
Personal delivery of documents
Postal delivery of documents
Non-receipt of notice of meeting
Notice etc to solicitors
Notice of meetings by advertisement only
Application
Notice to joint energy administrators
The form of notices and other documents
Proof of sending etc
Authentication
Electronic delivery in energy supply company administration proceedings – general
Electronic delivery of energy supply company administration proceedings to courts
Application
Application of CPR Part 6 to service of court documents within the jurisdiction
Service of orders staying proceedings
Service on joint energy administrators
Application of CPR Part 6 to service of court documents outside the jurisdiction
Quorum at meeting of creditors
Remote attendance at meetings of creditors
Action where person excluded
Indication to excluded person
Forms for use in energy supply company administration proceedings
Electronic submission of information instead of submission of forms to the Secretary of State, energy administrators
Electronic submission of information instead of submission of forms in all other cases
Contents of notices to be gazetted under the 1986 Act or these Rules
Omission of unobtainable information
The Gazette – general
Notices otherwise advertised under the 1986 Act or these Rules
Non-Gazette notices – other provisions
Application of this Chapter
Information to be contained in all notifications to the registrar
Notifications relating to the office of energy administrators
Notification relating to documents
Notifications relating to court orders
Returns or reports of meetings
Notifications relating to other events
Notifications of more than one nature
Notifications made to other persons at the same time
Confidentiality of documents – grounds for refusing inspection
Right to copy documents
Charges for copy documents
Right to have list of creditors
Time limits
Energy administrator's security
Introductory
“The court”; “the registrar”
“Energy supply company administration proceedings”
“The appropriate fee”
“Debt”, “liability”
“Venue”
Expressions used generally
Application
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