Notification and advertisement of SMCL administrator’s appointment
Other duties (1) — Crown / regulator
- Notify specified parties and publish notice of SMCL administrator appointment Crown / Minister / Government department
UK Statutory Instrument
2020
United Kingdom
The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020
At a glance
What's here
47 compliance obligations
Who this Act binds
Plus 23 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
- Provide statement of affairs to SMCL administrator within 11 days of receiving notice
Statement of concurrence
- Deliver a statement of concurrence within 5 business days
Filing of statement of affairs etc.
Other duties (1) — Crown / regulator
- File the statement of affairs with Companies House Crown / Minister / Government department
Limited disclosure
Other duties (1) — Crown / regulator
- Apply to court to restrict disclosure of statement of affairs Statutory regulator
Release from duty to submit statement of affairs; extension of time
- Deliver notice and evidence to the SMCL administrator at least 14 days before the hearing
Expenses of statement of affairs
Other duties (1) — Crown / regulator
- SMCL administrator must pay reasonable expenses of statement of affairs Statutory regulator
Ancillary provisions about delivery of SMCL administrator’s proposals
- SMCL administrator must notify creditors and Companies House of court-ordered extension
Limited disclosure of SMCL administrator’s statement of proposals
- SMCL administrator must manage limited disclosure of statement of proposals
Revision of the SMCL administrator’s proposals
- SMCL administrator must send revised proposals to creditors and members
Reports
- SMCL administrator must prepare and send progress reports every six months
Creditors’ meetings generally
Other duties (1) — Crown / regulator
- SMCL administrator must summon creditors' meetings with proper notice and gazette Statutory regulator
The chair at meetings
Other duties (1) — Crown / regulator
- SMCL administrator must chair or nominate a qualified chair for creditor meetings Statutory regulator
Creditors’ meeting for nomination of alternative liquidator
- SMCL administrator must call creditor meeting if 10% of creditors request it
Minutes
- Chair of creditors' meeting must ensure minutes are kept and authenticated
Venue and conduct of company meeting
- SMCL administrator must properly summon and conduct member meetings
Authority to dispose of property
- SMCL administrator must notify security holders and owners of goods of court hearings and orders
Pre-smart meter communication licensee administration costs
- Apply to court before paying pre-administration costs
SMCL administrator to allow inspection of proofs
Other duties (1) — Crown / regulator
- SMCL administrator must allow inspection of proofs of debt Statutory regulator
Admission and rejection of proofs for dividend
Other duties (1) — Crown / regulator
- SMCL administrator must give reasons for rejecting a creditor's proof for dividend Statutory regulator
Appeal against decision on proof
Other duties (1) — Crown / regulator
- Court must hear appeals against SMCL administrator's proof decisions Tribunal / Court
Estimate of value of debt
Other duties (1) — Crown / regulator
- SMCL administrator must estimate uncertain debts and notify creditors Statutory regulator
Supplementary provisions as to dividend
Other duties (1) — Crown / regulator
- Set aside funds for late or disputed creditor claims when paying dividends Crown / Minister / Government department
Notice of proposed distribution
- SMCL administrator must notify creditors of proposed distribution or dividend
Sole or final dividend
Other duties (1) — Crown / regulator
- SMCL administrator must pay priority sums and distribute final dividend without regard to unproved debts Statutory regulator
Admission or rejection of proofs following last date for proving
Other duties (1) — Crown / regulator
- SMCL administrator must admit or reject creditor proofs within 5 business days Statutory regulator
Declaration of dividend
Other duties (1) — Crown / regulator
- SMCL administrator must declare dividend within two months of specified date Statutory regulator
Secured creditors
- Repay excess dividend after security value reduction
Assignment of right to dividend
Other duties (1) — Crown / regulator
- SMCL administrator must pay dividend to named assignee when notice is given Statutory regulator
Division of unsold assets
Other duties (1) — Crown / regulator
- SMCL administrator must report value of assets divided among creditors Crown / Minister / Government department
Fixing of remuneration
- Apply to court for remuneration and notify creditors and regulators
Application to court
- Follow procedural steps when applying to court to end SMCL administration
Notification by SMCL administrator of court order
- SMCL administrator must notify court order to Companies House and others
Moving from SMCL administration to creditors’ voluntary liquidation
Other duties (1) — Crown / regulator
- SMCL administrator must file notice with liquidator details and final report Statutory regulator
Moving from SMCL administration to dissolution
Other duties (1) — Crown / regulator
- SMCL administrator must file notice and final progress report when moving to dissolution Crown / Minister / Government department
Provision of information to the Secretary of State
Other duties (1) — Crown / regulator
- Provide outstanding debts and shortfall info to Secretary of State when SMCL administration ends Crown / Minister / Government department
Notice of intention to resign
Other duties (1) — Crown / regulator
- SMCL administrator must give notice of intent to resign Crown / Minister / Government department
Notice of resignation
- SMCL administrator must file and deliver notice of resignation
Notice of vacation of office when SMCL administrator ceases to be qualified to act
- Notify Secretary of State, GEMA and Companies House when ceasing to be qualified
Notice of order under section 176A(5) of the 1986 Act
- Notify creditors and Companies House of court order disapplying prescribed part
Procedure where detailed assessment required
- Start detailed assessment of costs when the SMCL administrator demands it
Right of inspection and retention of proxies
Other duties (1) — Crown / regulator
- SMCL administrator must allow inspection of proxies by creditors, members, and directors Statutory regulator
Order for examination, etc.
Other duties (1) — Crown / regulator
- Court must give at least 14 days' notice for respondent appearances and specify document requirements Tribunal / Court
Electronic delivery by SMCL administrators
Other duties (1) — Crown / regulator
- SMCL administrators must provide hard copy documents on request within 5 business days Statutory regulator
Use of website by SMCL administrator to deliver a particular document
- Deliver documents via website with notice and hard copy option
General use of website to deliver documents
- SMCL administrator must provide hard copies of documents on request within 5 days
Right to list of creditors
- Provide list of creditors when requested by a creditor
Browse 150 other sections — procedural / definitional / commencement
Citation and commencement
Construction and interpretation
“Debt”, “liability”
Application
Form of application
Proposed SMCL administrator’s statement and consent to act
Witness statement in support of the application
Filing of application
Service of application
Notice to officers charged with distress or other legal process
The hearing
Notice of SMCL administration order
Statement of affairs: content
SMCL administrator’s proposals
Statement of pre-smart meter communication licensee administration costs
Quorum at meeting of creditors
Entitlement to vote
Admission and rejection of claims
Secured creditors
Hire-purchase, conditional sale and chattel leasing agreements
Resolutions
Remote attendance at meetings
Action where person excluded
Indication to excluded person
Complaint
Notice of meetings by advertisement only
Non-receipt of notice of meeting
Expenses
Priority of expenses of SMCL administration
Proving a debt
Provable debts
Costs of proving
New SMCL administrator appointed
Withdrawal or variation of proof
Exclusion of proof by the court
Discounts
Mutual credits and set off
Debt in foreign currency
Payments of a periodical nature
Interest
Debt payable at future time
Voluntary surrender of security
Value of security
Surrender for non-disclosure
Redemption by SMCL administrator
Test of security’s value
Realisation of security by creditor
Distribution to creditors generally
Debts of insolvent SMCL to rank equally
Further contents of notice to creditors owed small debts etc.
Postponement or cancellation of dividend
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
Disqualification from dividend
Adjustment where dividend paid before time
Remuneration of new SMCL administrator
Final progress reports
Grounds for resignation
Application to court to remove SMCL administrator from office
SMCL administrator deceased
Application to replace
Appointment of replacement or additional SMCL administrator
SMCL administrator’s duties on vacating office
Preliminary
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
Hearings without notice
Hearing of application
Witness statements
Use of reports
Directions; adjournment of hearings
Enforcement of court orders
Orders enforcing compliance
Warrant under section 236 of the 1986 Act
Court file
Office copies of documents
Application of Chapter and interpretation
Requirement to assess costs by the detailed procedure
Costs paid otherwise than out of the assets of the SMCL
Award of costs against SMCL 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 SMCL administration orders
Procedure on appeal
Principal court rules and practice to apply
Performance of functions by the Court
Rights of audience
Formal defects
Shorthand writers
Payment into court
Further information and disclosure
Court orders
Application and interpretation
Specific and continuing proxies
Blank proxy
Use of proxies
Use of proxies by the chair
Proxy-holder with financial interest
Instrument conferring authorisation to represent corporation
Preliminary
Contents of application
Procedure for examination
Record of examination
Cost of proceedings under section 236
Application of Chapter
Personal delivery of documents
Postal delivery of documents
Delivery of documents to authorised recipients
Delivery of documents to joint SMCL administrators
Electronic delivery of documents
Electronic delivery of documents to the court
Electronic delivery of notices to enforcement officers
Proof of delivery of documents
Requirement for writing and form of documents
Authentication
Application
Service of SMCL administration application
Service on joint SMCL administrators
Service of orders staying proceedings
Certificate of service
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 documents delivered to the registrar
Documents relating to the office of SMCL administrators
Documents relating to other documents
Documents relating to court orders
Reports of meetings
Documents relating to other events
Documents of more than one type
Documents delivered to other persons at the same time
Confidentiality of documents – grounds for refusing inspection
Right to copies of documents
Charges for copies of documents
Calculation of time periods
Power of Secretary of State to regulate certain matters
False claim of status as creditor, etc.
Punishment of offences
Review
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