Paragraph 43 I1

In section 5 of the 1986 Act (effect of approval of voluntary arrangements) after subsection (4) insert—

“(5)

Where the company is in energy administration, the court shall not make an order or give a direction under subsection (3) unless—

(a)

the court has given the Secretary of State or the Gas and Electricity Markets Authority a reasonable opportunity of making representations to it about the proposed order or direction; and

(b)

the order or direction is consistent with the objective of the energy administration.

(6)

In subsection (5) “in energy administration” and “objective of the energy administration” are to be construed in accordance with Schedule B1 to this Act, as applied by Part 1 of Schedule 20 to the Energy Act 2004.”