UK Statutory Instrument SI 2013/1047 United Kingdom

The Energy Supply Company Administration (Scotland) Rules 2013

Read it on legislation.gov.uk (opens in a new tab)
Status
In Force
Penalty ceiling
Imprisonment 1 of 37 obligations carry imprisonment (3 months). 1 carries different penalties and 35 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Director or Officer20 Trader3 Any Person3

Plus 11 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
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.rule 10 Notice requiring statement of affairs Regulated
  • Energy administrator must send notice requiring statement of affairs to relevant personsDirector or Officer
s.rule 102 Power of court to cure defects in procedure Regulated
  • Energy administrator must record court decisions in the sederunt bookDirector or Officer
s.rule 103 Sederunt book Regulated
  • Energy administrator must maintain and keep a sederunt book for 10 yearsDirector or Officer
s.rule 104 Disposal of energy supply company’s books, papers and other records Regulated
  • Energy administrator must hand over records and unclaimed assetsDirector or Officer
s.rule 105 Information about time spent on a case Regulated
  • Provide time records to creditors, members or directors on requestDirector or Officer
s.rule 11 Statements of affairs and statements of concurrence Regulated
  • Submit statement of affairs and statement of concurrenceTrader
s.rule 12 Limited disclosure Regulated
  • Energy administrator must apply to court for limited disclosure order, then file itDirector or Officer
s.rule 14 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.rule 15 Energy administrator’s proposals Regulated
  • Energy administrator must prepare and issue detailed proposals to creditorsDirector or Officer
s.rule 16 Limited disclosure of paragraph 49 of Schedule B1 to the 1986 Act statement Regulated
Other duties (1) — Crown / regulator
  • Energy administrator may apply to court to limit disclosure of sensitive statementTribunal / Court
s.rule 17 Notices to creditors Regulated
  • Notify creditors and registrar of creditors' meeting resultDirector or Officer
s.rule 18 Meetings generally and notice Regulated
Other duties (1) — Crown / regulator
  • Energy administrator must summon meetings and give 14 days' notice to creditorsStatutory regulator
s.rule 19 The chair at meetings Regulated
Other duties (1) — Crown / regulator
  • Energy administrator or nominated person must chair creditor meetingsCrown / Minister / Government department
s.rule 23 Correspondence instead of creditors’ meetings Regulated
Other duties (1) — Crown / regulator
  • Energy administrator must follow correspondence procedure for creditors' meetingsCrown / Minister / Government department
s.rule 24 Remote attendance at meetings Regulated
  • Provide creditor/member list and written confirmation when requesting an in-person meetingTrader
s.rule 27 Complaint Regulated
  • Chair or energy administrator must handle complaints about exclusion from meetingsDirector or Officer
s.rule 28 Meeting following nomination of alternative liquidator Regulated
  • Summon creditors' meeting if 10% demand alternative liquidatorDirector or Officer
s.rule 33 Revision of the energy administrator’s proposals Regulated
Other duties (1) — Crown / regulator
  • Energy administrator must send revised proposals to Companies House and membersStatutory regulator
s.rule 34 Progress Reports Regulated
  • Fail to submit progress report as energy administratorAny Person
s.rule 35 Disposal of secured property Regulated
  • Notify secured creditors of court order and keep recordsDirector or Officer
s.rule 39 Adjudication of claims Regulated
Other duties (1) — Crown / regulator
  • Energy administrator must adjudicate creditor claims and notify decisionsCrown / Minister / Government department
s.rule 40 Evidence in relation to claims Imprisonment
  • Fail to comply with court order for private examinationAny Person
s.rule 42 Amount which may be claimed generally Regulated
  • Creditors must calculate their claim amounts correctly in energy supplier administrationTrader
s.rule 46 Order of priority in distribution Regulated
  • Distribute company assets in statutory order of priorityDirector or Officer
s.rule 49 Assets to be distributed Regulated
  • Energy administrator must distribute assets to creditors according to rulesDirector or Officer
s.rule 50 Determination of outlays and remuneration Regulated
  • Energy administrator must submit accounts and claim to court within two weeks, then make them available for inspectionDirector or Officer
s.rule 51 Payment of dividends Regulated
Other duties (1) — Crown / regulator
  • Energy administrator must pay dividends to creditorsStatutory regulator
s.rule 55 Application to court Regulated
Other duties (1) — Crown / regulator
  • Energy administrator must submit progress report with court applicationCrown / Minister / Government department
s.rule 58 Moving from energy supply company administration to dissolution Regulated
  • Send notice of moving to dissolution and final progress report to stakeholdersDirector or Officer
s.rule 61 Notice of intention to resign Regulated
Other duties (1) — Crown / regulator
  • Energy administrator must give notice before resigningCrown / Minister / Government department
s.rule 64 Incapacity to act, through death or otherwise Regulated
  • Notify court and registrar of energy administrator's deathDirector or Officer
s.rule 70 Notice of order under section 176A(5) of the 1986 Act Regulated
  • Notify company, registrar and creditors of court order disapplying prescribed partDirector or Officer
s.rule 74 Retention of proxies Regulated
  • Retain proxies used for voting at administration meetingsAny Person
s.rule 75 Right of inspection Regulated
Other duties (1) — Crown / regulator
  • Energy administrator must allow inspection of proxiesStatutory regulator
s.rule 87 Special provision on account of expense as to website use Regulated
  • Energy administrators must make documents available on a website instead of posting when cost is disproportionateDirector or Officer
s.rule 9 Notification and advertisement of energy administrator’s appointment Regulated
  • Publish notice of energy administrator's appointment and notify interested partiesDirector or Officer
s.rule 98 Notices otherwise advertised under the 1986 Act or these Rules Regulated
  • Include required details in advertised notices during energy supply company administrationDirector or Officer
68 other provisions — procedural and definitional
s.rule 1 Citation and commencement
s.rule 100 Omission of unobtainable information
s.rule 101 Fees, expenses, etc.
s.rule 13 Release from duty to submit statement of affairs; extension of time
s.rule 2 Construction and interpretation
s.rule 20 Quorum at meeting of creditors
s.rule 21 Chair of meeting as proxy holder
s.rule 22 Suspension and Adjournment
s.rule 25 Action where person excluded
s.rule 26 Indication to excluded person
s.rule 29 Entitlement to vote (creditors and members)
s.rule 3 Application
s.rule 30 Hire-purchase, conditional sale and hiring agreements
s.rule 31 Resolutions
s.rule 32 Report of Meeting
s.rule 36 Submission of claims
s.rule 37 Secured debts
s.rule 38 Entitlement to vote and draw dividend
s.rule 4 Form of Application
s.rule 41 Criminal offences in relation to false claims or evidence
s.rule 43 Debts depending on contingency
s.rule 44 Liabilities and rights of co-obligants
s.rule 45 Claims in foreign currency
s.rule 47 Expenses of the energy supply company administration
s.rule 48 Pre-energy supply company administration costs
s.rule 5 Statement of proposed energy administrator
s.rule 52 Unclaimed Dividends
s.rule 53 New energy administrator appointed
s.rule 54 Final progress reports
s.rule 56 Notification by energy administrator of court order
s.rule 57 Moving from energy supply company administration to creditors’ voluntary liquidation
s.rule 59 Provision of information to the Secretary of State
s.rule 6 Service of petition
s.rule 60 Grounds for resignation
s.rule 62 Notice of resignation
s.rule 63 Application to court to remove energy administrator from office
s.rule 65 Application to replace
s.rule 66 Notification and advertisement of appointment of replacement energy administrator
s.rule 67 Joint or concurrent appointments
s.rule 68 Hand-over of assets to successor energy administrator
s.rule 69 Application under section 176A(5) of the 1986 Act to disapply section 176A of the 1986 Act
s.rule 7 Expenses
s.rule 71 Definition of “proxy”
s.rule 72 Form of proxy
s.rule 73 Use of proxy at meeting
s.rule 76 Proxy-holder with financial interest
s.rule 77 Representation of corporations
s.rule 78 Application
s.rule 79 Personal delivery of documents
s.rule 8 Notice of dismissal of application for an energy supply company administration order
s.rule 80 Sending by post
s.rule 81 Notice by and to representatives
s.rule 82 Notice to joint energy administrators
s.rule 83 The form of notices and other documents
s.rule 84 Certificate of giving notice etc
s.rule 85 Electronic delivery in energy administration proceedings – general
s.rule 86 Use of websites by energy administrator
s.rule 88 Validity of proceedings
s.rule 89 Evidence of proceedings at meetings
s.rule 90 Right to list of creditors and copy documents
s.rule 91 Confidentiality of documents
s.rule 92 Energy administrator’s caution
s.rule 93 Punishment of offences
s.rule 94 Forms for use in energy administration proceedings
s.rule 95 Electronic submission of information instead of submission of forms to the Secretary of State, energy administrators and of copies to the registrar of companies
s.rule 96 Electronic submission of information instead of submission of forms in all other cases
s.rule 97 Contents of notices to be published in the Edinburgh Gazette under the 1986 Act or these Rules
s.rule 99 Notices otherwise advertised – other additional provisions

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