Paragraph 44 I1

Section 6 of that Act (challenge of decisions in relation to voluntary arrangements) is amended as follows.

In subsection (2) for “this section” substitute “ subsection (1) ”.

After that subsection insert—

“(2A)

Subject to this section, where a voluntary arrangement in relation to a company in energy administration is approved at the meetings summoned under section 3, an application to the court may be made—

(a)

by the Secretary of State, or

(b)

with the consent of the Secretary of State, by the Gas and Electricity Markets Authority,

on the ground that the voluntary arrangement is not consistent with the achievement of the objective of the energy administration.”

In subsection (4) after “subsection (1)” insert “ or, in the case of an application under subsection (2A), as to the ground mentioned in that subsection ”.

After subsection (7) insert—

“(8)

In this section “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.”