UK Statutory Instrument SI 2013/1046 United Kingdom

The Energy Supply Company Administration Rules 2013

Read it on legislation.gov.uk (opens in a new tab)
Status
In Force
Penalty ceiling
Regulated 1 of 49 obligations carry a criminal penalty. 48 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Director or Officer27 Trader2 Applicant1 Any Person1

Plus 18 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
Companies Act 2006 126 duties
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties
Applicant — also bound by 307 other Acts
Any Person — also bound by 2340 other Acts

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.art014 Notification and advertisement of energy administrator's appointment Regulated
  • Energy administrator must publicise appointment and notify interested partiesDirector 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
  • Prepare and submit statement of affairs in administrationDirector or Officer
s.art017 Limited disclosure Regulated
  • File limited disclosure order and redacted statement of affairs with Companies HouseDirector or Officer
s.art018 Release from duty to submit statement of affairs; extension of time Regulated
Other duties (1) — Crown / regulator
  • Energy administrator may release you from statement of affairs duty or extend timeStatutory regulator
s.art019 Expenses of statement of affairs Regulated
Other duties (1) — Crown / regulator
  • Energy administrator must pay reasonable expenses for statement of affairsCrown / Minister / Government department
s.art020 Energy administrator's proposals Regulated
  • Energy administrator must prepare and file a statement of proposalsDirector or Officer
s.art021 Limited disclosure of paragraph 49 of Schedule B1 to the 1986 Act statement Regulated
  • Energy administrator must manage limited disclosure of the statement of affairsDirector or Officer
s.art022 Creditors' meetings generally Regulated
  • Energy administrator must follow rules for creditors' meetingsDirector or Officer
s.art024 Creditors' meeting for nomination of alternative liquidator Regulated
  • Call creditors' meeting to nominate alternative liquidator when requested by 10%+ creditorsDirector or Officer
s.art028 Holders of negotiable instruments Regulated
  • Do not vote on bill-of-exchange debts without treating securityTrader
s.art032 Revision of the energy administrator's proposals Regulated
  • Energy administrator must prepare, send, and publish revised proposalsDirector or Officer
s.art033 Reports Regulated
  • Prepare and send progress reports to creditors, regulators and the court on timeDirector or Officer
s.art034 Venue and conduct of company meeting Regulated
  • Administer company meetings: fix venue, chair, and keep minutesDirector or Officer
s.art035 Authority to dispose of property Regulated
  • Energy administrator must notify secured creditors of court hearing to sell propertyDirector or Officer
s.art037 Pre-energy supply company administration costs Regulated
  • Insolvency practitioner must get court approval before paying pre-administration costsDirector or Officer
s.art038 Distribution to creditors generally Regulated
  • Energy administrator must notify creditors of dividend distributionDirector or Officer
s.art040 Supplementary provisions as to dividend Regulated
Other duties (1) — Crown / regulator
  • Energy administrator must pay missed dividends before further dividendsStatutory regulator
s.art041 Division of unsold assets Regulated
  • Report value of unsold assets divided among creditorsDirector or Officer
s.art044 Energy administrator to allow inspection of proofs Regulated
Other duties (1) — Crown / regulator
  • Energy administrator must allow inspection of proof-of-debt documentsStatutory regulator
s.art046 Admission and rejection of proofs for dividend Regulated
  • Energy administrator must provide written reasons for rejecting a proofDirector or Officer
s.art047 Appeal against decision on proof Regulated
Other duties (1) — Crown / regulator
  • Challenge the administrator's decision on your proof of debtTribunal / Court
s.art050 Estimate of quantum Regulated
Other duties (1) — Crown / regulator
  • Energy administrator must estimate and inform creditors of uncertain debtsStatutory regulator
s.art064 Notice of proposed distribution Regulated
Other duties (1) — Crown / regulator
  • Notify creditors of proposed distribution during energy administrationStatutory regulator
s.art065 Admission or rejection of proofs Regulated
Other duties (1) — Crown / regulator
  • Energy administrator must decide on creditor proofs within 5 business daysStatutory regulator
s.art067 Declaration of dividend Regulated
Other duties (1) — Crown / regulator
  • Energy administrator must declare dividends within 2 months and not while court challenge pendingCrown / Minister / Government department
s.art068 Notice of declaration of a dividend Regulated
Other duties (1) — Crown / regulator
  • Energy administrator must notify creditors who have proved their debts of any dividend declaredStatutory regulator
s.art074 Assignment of right to dividend Regulated
Other duties (1) — Crown / regulator
  • Energy administrator must pay dividend to assignee upon noticeCrown / Minister / Government department
s.art076 Fixing of remuneration Regulated
Other duties (1) — Crown / regulator
  • Court must fix energy administrator remuneration on applicationTribunal / Court
s.art079 Application to court Regulated
  • Energy administrator must prepare progress report and next-steps statement for courtApplicant
s.art080 Notification by energy administrator of court order Regulated
Other duties (1) — Crown / regulator
  • Energy administrator must send final court order and report to Companies House and interested partiesStatutory regulator
s.art081 Moving from energy supply company administration to creditors' voluntary liquidation Regulated
  • Send final progress report when moving from administration to liquidationDirector or Officer
s.art082 Moving from energy supply company administration to dissolution Regulated
  • Send final progress report and notify parties when moving to dissolutionDirector or Officer
s.art083 Provision of information to the Secretary of State Regulated
  • Provide information to the Secretary of State when energy administration endsDirector or Officer
s.art085 Notice of intention to resign Regulated
  • Energy administrator must give 5 business days' notice of intention to resignDirector or Officer
s.art086 Notice of resignation Regulated
  • Energy administrator must file and send notice of resignationDirector or Officer
s.art088 Notice of vacation of office when energy administrator ceases to be qualified to act Regulated
  • Energy administrator must notify Companies House when ceasing to be qualifiedDirector or Officer
s.art094 Energy administrator's duties on vacating office Regulated
  • Fail to hand over assets and records when leaving officeAny Person
s.art104 Use of reports Regulated
Other duties (1) — Crown / regulator
  • Energy administrator may use reports instead of witness statements in courtStatutory regulator
s.art114 Procedure where detailed assessment required Regulated
  • Commence detailed cost assessment proceedings within 3 months when required by the energy administratorTrader
s.art137 Right of inspection Regulated
  • Energy administrator must allow inspection of proxies by creditors and membersDirector or Officer
s.art142 Order for examination, etc Regulated
Other duties (1) — Crown / regulator
  • Energy administrator must serve court orders personally on the respondentCrown / Minister / Government department
s.art163 Electronic delivery by energy administrators Regulated
  • Energy administrators must offer hard copy of electronic notices within 5 business daysDirector or Officer
s.art164 Use of websites by energy administrator Regulated
Other duties (1) — Crown / regulator
  • Energy administrator must make documents available on a website and provide hard copies on requestStatutory regulator
s.art165 Special provision on account of expense as to website use Regulated
  • Use website to provide notices and documents when court permits cost-savingDirector or Officer
s.art176 Complaint Regulated
Other duties (1) — Crown / regulator
  • Energy administrator must handle complaints about meeting exclusionStatutory regulator
s.art180 Contents of notices to be gazetted under the 1986 Act or these Rules Regulated
  • Energy administrators must include required content in all Gazette noticesDirector or Officer
s.art183 Notices otherwise advertised under the 1986 Act or these Rules Regulated
  • Energy administrator must include specified details in non-Gazette noticesDirector or Officer
s.art200 Notice of order under section 176A(5) of the 1986 Act Regulated
  • Notify creditors and Companies House of court order disapplying prescribed partDirector or Officer
159 other provisions — procedural and definitional
s.art001 Citation and commencement
s.art002 Construction and interpretation
s.art003 Application
s.art004 Witness statement
s.art005 Form of application
s.art006 Contents of application and witness statement
s.art007 Filing of application
s.art008 Service of application
s.art009 Notice to officers charged with execution of writs or other process
s.art010 Manner in which service to be effected
s.art011 Proof of service
s.art012 The hearing
s.art013 Notice of esc administration order
s.art023 The chair at meetings
s.art025 Entitlement to vote
s.art026 Admission and rejection of claims
s.art027 Secured creditors
s.art029 Hire-purchase, conditional sale and chattel leasing agreements
s.art030 Resolutions
s.art031 Minutes
s.art036 Priority of expenses of energy supply company administration
s.art039 Debts of insolvent energy supply company to rank equally
s.art042 Proving a debt
s.art043 Costs of proving
s.art045 New energy administrator appointed
s.art048 Withdrawal or variation of proof
s.art049 Expunging of proof by the court
s.art051 Negotiable instruments, etc
s.art052 Secured creditors
s.art053 Discounts
s.art054 Mutual credits and set off
s.art055 Debt in foreign currency
s.art056 Payments of a periodical nature
s.art057 Interest
s.art058 Debt payable at future time
s.art059 Value of security
s.art060 Surrender for non-disclosure
s.art061 Redemption by energy administrator
s.art062 Test of security's value
s.art063 Realisation of security by creditor
s.art066 Postponement or cancellation of dividend
s.art069 Payments of dividends and related matters
s.art070 Notice of no dividend, or no further dividend
s.art071 Proof altered after payment of dividend
s.art072 Secured creditors
s.art073 Disqualification from dividend
s.art075 Adjustment where dividend paid before time
s.art077 Remuneration of new energy administrator
s.art078 Final progress reports
s.art084 Grounds for resignation
s.art087 Application to court to remove energy administrator from office
s.art089 Energy administrator deceased
s.art090 Application to replace
s.art091 Notification and advertisement of appointment of replacement energy administrator
s.art092 Notification and advertisement of appointment of joint energy administrator
s.art093 Notification to registrar of companies
s.art095 Preliminary
s.art096 Form and contents of application
s.art097 Application under section 176A(5) of the 1986 Act to disapply section 176A of the 1986 Act
s.art098 Filing and service of application
s.art099 Application under section 176A(5) of the 1986 Act
s.art100 Hearings without notice
s.art101 Hearing of application
s.art102 Witness statements - general
s.art103 Filing and service of witness statements
s.art105 Adjournment of hearings; directions
s.art106 Nomination and appointment of shorthand writers
s.art107 Remuneration
s.art108 Enforcement of court orders
s.art109 Orders enforcing compliance with these Rules
s.art110 Warrant under section 236 of the 1986 Act
s.art111 Court file
s.art112 Application of Chapter 8
s.art113 Requirement to assess costs by the detailed procedure
s.art115 Costs paid otherwise than out of the assets of the energy supply company
s.art116 Award of costs against energy administrator
s.art117 Application for costs
s.art118 Costs and expenses of witnesses
s.art119 Final costs certificate
s.art120 Introductory
s.art121 Appointment of another person to act
s.art122 Witness statement in support of application
s.art123 Service of notices following appointment
s.art124 Appeals and reviews of esc administration orders
s.art125 Procedure on appeal
s.art126 Principal court rules and practice to apply
s.art127 Rights of audience
s.art128 Formal defects
s.art129 Service of orders staying proceedings
s.art130 Payment into court
s.art131 Further information and disclosure
s.art132 Office copies of documents
s.art133 Definition of proxy
s.art134 Issue and use of forms
s.art135 Use of proxies at meetings
s.art136 Retention of proxies
s.art138 Proxy holder with financial interest
s.art139 Energy supply company representation
s.art140 Preliminary
s.art141 Form and contents of application
s.art143 Procedure for examination
s.art144 Record of examination
s.art145 Cost of proceedings under section 236
s.art146 Power of Secretary of State to regulate certain matters
s.art147 Costs, expenses, etc
s.art148 Provable debts
s.art149 False claim of status as creditor, etc
s.art150 Punishment of offences
s.art151 Application
s.art152 Personal delivery of documents
s.art153 Postal delivery of documents
s.art154 Non-receipt of notice of meeting
s.art155 Notice etc to solicitors
s.art156 Notice of meetings by advertisement only
s.art157 Application
s.art158 Notice to joint energy administrators
s.art159 The form of notices and other documents
s.art160 Proof of sending etc
s.art161 Authentication
s.art162 Electronic delivery in energy supply company administration proceedings – general
s.art166 Electronic delivery of energy supply company administration proceedings to courts
s.art167 Application
s.art168 Application of CPR Part 6 to service of court documents within the jurisdiction
s.art169 Service of orders staying proceedings
s.art170 Service on joint energy administrators
s.art171 Application of CPR Part 6 to service of court documents outside the jurisdiction
s.art172 Quorum at meeting of creditors
s.art173 Remote attendance at meetings of creditors
s.art174 Action where person excluded
s.art175 Indication to excluded person
s.art177 Forms for use in energy supply company administration proceedings
s.art178 Electronic submission of information instead of submission of forms to the Secretary of State, energy administrators
s.art179 Electronic submission of information instead of submission of forms in all other cases
s.art181 Omission of unobtainable information
s.art182 The Gazette – general
s.art184 Non-Gazette notices – other provisions
s.art185 Application of this Chapter
s.art186 Information to be contained in all notifications to the registrar
s.art187 Notifications relating to the office of energy administrators
s.art188 Notification relating to documents
s.art189 Notifications relating to court orders
s.art190 Returns or reports of meetings
s.art191 Notifications relating to other events
s.art192 Notifications of more than one nature
s.art193 Notifications made to other persons at the same time
s.art194 Confidentiality of documents – grounds for refusing inspection
s.art195 Right to copy documents
s.art196 Charges for copy documents
s.art197 Right to have list of creditors
s.art198 Time limits
s.art199 Energy administrator's security
s.art201 Introductory
s.art202 “The court”; “the registrar”
s.art203 “Energy supply company administration proceedings”
s.art204 “The appropriate fee”
s.art205 “Debt”, “liability”
s.art206 “Venue”
s.art207 Expressions used generally
s.art208 Application

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