Notice requiring statement of affairs
- Energy administrator must send notice requiring statement of affairs to relevant persons
UK Statutory Instrument
2013
United Kingdom
The Energy Supply Company Administration (Scotland) Rules 2013
At a glance
What's here
33 compliance obligations
Who this Act binds
Plus 11 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.
Power of court to cure defects in procedure
- Energy administrator must record court decisions in the sederunt book
Sederunt book
- Energy administrator must maintain and keep a sederunt book for 10 years
Disposal of energy supply company’s books, papers and other records
- Energy administrator must hand over records and unclaimed assets
Information about time spent on a case
- Provide time records to creditors, members or directors on request
Statements of affairs and statements of concurrence
- Submit statement of affairs and statement of concurrence
Limited disclosure
- Energy administrator must apply to court for limited disclosure order, then file it
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 issue detailed proposals to creditors
Limited disclosure of paragraph 49 of Schedule B1 to the 1986 Act statement
Other duties (1) — Crown / regulator
- Energy administrator may apply to court to limit disclosure of sensitive statement Tribunal / Court
Meetings generally and notice
Other duties (1) — Crown / regulator
- Energy administrator must summon meetings and give 14 days' notice to creditors Statutory regulator
The chair at meetings
Other duties (1) — Crown / regulator
- Energy administrator or nominated person must chair creditor meetings Crown / Minister / Government department
Correspondence instead of creditors’ meetings
Other duties (1) — Crown / regulator
- Energy administrator must follow correspondence procedure for creditors' meetings Crown / Minister / Government department
Remote attendance at meetings
- Provide creditor/member list and written confirmation when requesting an in-person meeting
Complaint
- Chair or energy administrator must handle complaints about exclusion from meetings
Meeting following nomination of alternative liquidator
- Summon creditors' meeting if 10% demand alternative liquidator
Revision of the energy administrator’s proposals
Other duties (1) — Crown / regulator
- Energy administrator must send revised proposals to Companies House and members Statutory regulator
Disposal of secured property
- Notify secured creditors of court order and keep records
Adjudication of claims
Other duties (1) — Crown / regulator
- Energy administrator must adjudicate creditor claims and notify decisions Crown / Minister / Government department
Amount which may be claimed generally
- Creditors must calculate their claim amounts correctly in energy supplier administration
Order of priority in distribution
- Distribute company assets in statutory order of priority
Assets to be distributed
- Energy administrator must distribute assets to creditors according to rules
Determination of outlays and remuneration
- Energy administrator must submit accounts and claim to court within two weeks, then make them available for inspection
Payment of dividends
Other duties (1) — Crown / regulator
- Energy administrator must pay dividends to creditors Statutory regulator
Application to court
Other duties (1) — Crown / regulator
- Energy administrator must submit progress report with court application Crown / Minister / Government department
Moving from energy supply company administration to dissolution
- Send notice of moving to dissolution and final progress report to stakeholders
Notice of intention to resign
Other duties (1) — Crown / regulator
- Energy administrator must give notice before resigning Crown / Minister / Government department
Incapacity to act, through death or otherwise
- Notify court and registrar of energy administrator's death
Notice of order under section 176A(5) of the 1986 Act
- Notify company, registrar and creditors of court order disapplying prescribed part
Retention of proxies
- Retain proxies used for voting at administration meetings
Right of inspection
Other duties (1) — Crown / regulator
- Energy administrator must allow inspection of proxies Statutory regulator
Special provision on account of expense as to website use
- Energy administrators must make documents available on a website instead of posting when cost is disproportionate
Notification and advertisement of energy administrator’s appointment
- Publish notice of energy administrator's appointment and notify interested parties
Browse 72 other sections — procedural / definitional / commencement
Citation and commencement
Omission of unobtainable information
Fees, expenses, etc.
Release from duty to submit statement of affairs; extension of time
Notices to creditors
Construction and interpretation
Quorum at meeting of creditors
Chair of meeting as proxy holder
Suspension and Adjournment
Action where person excluded
Indication to excluded person
Entitlement to vote (creditors and members)
Application
Hire-purchase, conditional sale and hiring agreements
Resolutions
Report of Meeting
Progress Reports
Submission of claims
Secured debts
Entitlement to vote and draw dividend
Form of Application
Evidence in relation to claims
Criminal offences in relation to false claims or evidence
Debts depending on contingency
Liabilities and rights of co-obligants
Claims in foreign currency
Expenses of the energy supply company administration
Pre-energy supply company administration costs
Statement of proposed energy administrator
Unclaimed Dividends
New energy administrator appointed
Final progress reports
Notification by energy administrator of court order
Moving from energy supply company administration to creditors’ voluntary liquidation
Provision of information to the Secretary of State
Service of petition
Grounds for resignation
Notice of resignation
Application to court to remove energy administrator from office
Application to replace
Notification and advertisement of appointment of replacement energy administrator
Joint or concurrent appointments
Hand-over of assets to successor energy administrator
Application under section 176A(5) of the 1986 Act to disapply section 176A of the 1986 Act
Expenses
Definition of “proxy”
Form of proxy
Use of proxy at meeting
Proxy-holder with financial interest
Representation of corporations
Application
Personal delivery of documents
Notice of dismissal of application for an energy supply company administration order
Sending by post
Notice by and to representatives
Notice to joint energy administrators
The form of notices and other documents
Certificate of giving notice etc
Electronic delivery in energy administration proceedings – general
Use of websites by energy administrator
Validity of proceedings
Evidence of proceedings at meetings
Right to list of creditors and copy documents
Confidentiality of documents
Energy administrator’s caution
Punishment of offences
Forms for use in energy administration proceedings
Electronic submission of information instead of submission of forms to the Secretary of State, energy administrators and of copies to the registrar of companies
Electronic submission of information instead of submission of forms in all other cases
Contents of notices to be published in the Edinburgh Gazette under the 1986 Act or these Rules
Notices otherwise advertised under the 1986 Act or these Rules
Notices otherwise advertised – other additional provisions
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