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Section 154 Energy administration ordersC4I1C1C2C3

England, Wales and Scotland

(1)

In this Chapter “energy administration order” means an order which—

(a)

is made by the court in relation to a protected energy company; and

(b)

directs that, while the order is in force, the affairs, business and property of the company are to be managed by a person appointed by the court.

(2)

The person appointed in relation to a company for the purposes of an energy administration order is referred to in this Chapter as the energy administrator of the company.

(3)

The energy administrator of a company must manage its affairs, business and property, and exercise and perform all his powers and duties as such, so as to achieve the objective set out in F1—

(a)

section 155(1), and

(b)

section 155(9) (if and to the extent that section 155(9) applies in relation to the company).

(4)

In relation to an energy administration order applying to a non-GB company, references in this section to the affairs, business and property of the company are references only to its affairs and business so far as carried on in Great Britain and to its property in Great Britain.

(5)

In this Chapter—

  • “protected energy company” means a company which is the holder of a relevant licence; and

  • “relevant licence” means—

    1. (a)

      a licence granted under section 6(1)(b) or (c) of the 1989 Act (transmission and distribution licences for electricity); or

    2. (b)

      a licence granted under section 7 of the Gas Act 1986 (licensing of gas transporters).

Annotations

Textual amendments

F1

Words in s. 154(3) substituted (18.2.2014) by Energy Act 2013 (c. 32), ss. 48(2), 156(2)

Modifications

C1

Ss. 154-171 modified (1.10.2005) by Energy Administration Rules 2005 (S.I. 2005/2483), rules 1, 184 (with rules 3, 187)

C2

Ss. 154-171 modified (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 205(2)-(4) (with rules 3, 208)

C3

Ss. 154-171 modified (E.W.) (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 3(2)-(4) (with rule 4(1))

C4

Pt. 3 Ch. 3: power to modify conferred (31.3.2022 for specified purposes, 1.6.2022 in so far as not already in force) by Nuclear Energy (Financing) Act 2022 (c. 15), ss. 38, 44(1)(c)(2)(c)

Commencement

I1

S. 154 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1

Notes on Chapter 3

Modifications

C2

Pt. 3 Ch. 3 power to apply and modify conferred (26.12.2023) by Energy Act 2023 (c. 52), ss. 48, 334(3)(a)