The Energy Administration Rules 2005
S.I. 2005/2483 · Made 2 September 2005 · Extends to England and Wales
INSOLVENCY, ENGLAND AND WALES
COMPANIES
Made 2nd September 2005
Laid before Parliament 7th September 2005
Coming into force 1st October 2005
The Lord Chancellor, in the exercise of the powers conferred on him by section 411 of the Insolvency Act 1986f1 and section 159(3) of the Energy Act 2004f2, with the concurrence of the Secretary of State, and after consulting the committee existing for that purpose under section 413 of the Insolvency Act 1986, hereby makes the following Rules:—
Annotations to the whole text
Footnotes
- f1
-
1986 c. 45, as amended by the Enterprise Act 2002 (c. 40). Section 411 was amended by the Insolvency Act 1986 (Amendment) Regulations (S.I. 2002/1037).
- f2
Contents
- Part 1: INTRODUCTORY PROVISIONS
- 1Citation and commencement
- 2Construction and interpretation
- 3Extent
- Part 2: APPOINTMENT OF ENERGY ADMINISTRATOR BY COURT
- 4Affidavit in support of energy administration application
- 5Form of application
- 6Contents of application and affidavit in support
- 7Filing of application
- 8Service of application
- 9Notice to officers charged with execution of writs or other process, etc
- 10Manner in which service to be effected
- 11Proof of service
- 12The hearing
- 13Notice of energy administration order
- Part 3: PROCESS OF ENERGY ADMINISTRATION
- 14Notification and advertisement of energy administrator’s appointment
- 15Notice requiring statement of affairs
- 16Verification and filing
- 17Limited disclosure
- 18Release from duty to submit statement of affairs; extension of time
- 19Expenses of statement of affairs
- 20Energy administrator’s proposals
- Part 4: MEETINGS AND REPORTS
- Chapter 1: Creditors' meetings
- 21Creditors' meetings generally
- 22The chairman at meetings
- 23Creditors' meeting for nomination of alternative liquidator
- 24Entitlement to vote
- 25Admission and rejection of claims
- 26Secured creditors
- 27Holders of negotiable instruments
- 28Hire-purchase, conditional sale and chattel leasing agreements
- 29Resolutions
- 30Minutes
- 31Revision of the energy administrator’s proposals
- 32Reports to creditors
- Chapter 2: Company meetings
- 33Venue and conduct of company meeting
- Part 5: DISPOSAL OF CHARGED PROPERTY
- 34Authority to dispose of property
- Part 6: EXPENSES OF THE ENERGY ADMINISTRATION
- 35Priority of expenses of energy administration
- Part 7: DISTRIBUTION OF CREDITORS
- Chapter 1: Application of Part and general
- 36Distribution to creditors generally
- 37Debts of insolvent company to rank equally
- 38Supplementary provisions as to dividend
- 39Division of unsold assets
- Chapter 2: Machinery of proving a debt
- 40Proving a debt
- 41Claim established by affidavit
- 42Costs of proving
- 43Energy administrator to allow inspection of proofs
- 44New energy administrator appointed
- 45Admission and rejection of proofs for dividend
- 46Appeal against decision on proof
- 47Withdrawal or variation of proof
- 48Expunging of proof by the court
- Chapter 3: Quantification of claims
- 49Estimate of quantum
- 50Negotiable instruments, etc
- 51Secured creditors
- 52Discounts
- 53Mutual credits and set-off
- 54Debt in foreign currency
- 55Payments of a periodical nature
- 56Interest
- 57Debt payable at future time
- 58Value of security
- 59Surrender for non-disclosure
- 60Redemption by energy administrator
- 61Test of security’s value
- 62Realisation of security by creditor
- 63Notice of proposed distribution
- 64Admission or rejection of proofs
- 65Declaration of dividend
- 66Notice of declaration of a dividend
- 67Payments of dividends and related matters
- 68Notice of no dividend, or no further dividend
- 69Proof altered after payment of dividend
- 70Secured creditors
- 71Disqualification from dividend
- 72Assignment of right to dividend
- 73Debt payable at future time
- Part 8: THE ENERGY ADMINISTRATOR
- 74Fixing of remuneration
- Part 9: ENDING ENERGY ADMINISTRATION
- 75Final progress reports
- 76Application to court
- 77Notification by energy administrator of court order
- 78Moving from energy administration to creditors' voluntary liquidation
- 79Moving from energy administration to dissolution
- 80Provision of information to the Secretary of State
- Part 10: REPLACING ENERGY ADMINISTRATOR
- 81Grounds for resignation
- 82Notice of intention to resign
- 83Notice of resignation
- 84Application to court to remove energy administrator from office
- 85Notice of vacation of office when energy administrator ceases to be qualified to act
- 86Energy administrator deceased
- 87Application to replace
- 88Notification and advertisement of appointment of replacement energy administrator
- 89Notification and advertisement of appointment of joint energy administrator
- 90Notification to registrar of companies
- 91Energy administrator’s duties on vacating office
- Part 11: COURT PROCEDURE AND PRACTICE
- Chapter 1: Applications
- 92Preliminary
- 93Interpretation
- 94Form and contents of application
- 95Application under section 176A(5) of the 1986 Act to disappply section 176A of the 1986 Act
- 96Filing and service of application
- 97Notice of application under section 176A(5) of the 1986 Act
- 98Other hearings ex parte
- 99Hearing of application
- 100Use of affidavit evidence
- 101Filing and service of affidavits
- 102Use of reports
- 103Adjournment of hearings; directions
- Chapter 2: Shorthand writers
- 104Nomination and appointment of shorthand writers
- 105Remuneration
- Chapter 3: Enforcement procedures
- 106Enforcement of court orders
- 107Orders enforcing compliance with the Rules
- 108Warrant under section 236 of the 1986 Act
- Chapter 4: Court records and returns
- 109Title of proceedings
- 110Court records
- 111Inspection of records
- 112File of court proceedings
- 113Right to inspect file
- 114Filing of Gazette notices and advertisements
- Chapter 5: Costs and detailed assessment
- 115Application of CPR
- 116Requirement to assess costs by the detailed procedure
- 117Procedure where detailed assessment required
- 118Costs paid otherwise than out of the assets of the protected energy company
- 119Award of costs against energy administrator
- 120Application for costs
- 121Costs and expenses of witnesses
- 122Final costs certificate
- Chapter 6: Persons incapable of managing their affairs
- 123Introductory
- 124Appointment of another person to act
- 125Affidavit in support of application
- 126Services of notices following appointment
- Chapter 7: Appeals in energy administration proceedings
- 127Appeals and reviews of energy administration orders
- 128Procedure on appeal
- Chapter 8: General
- 129Principal court rules and practice to apply
- 130Right of audience
- 131Right of attendance
- 132Energy administrator’s solicitor
- 133Formal defects
- 134Restriction on concurrent proceedings and remedies
- 135Affidavits
- 136Security in court
- 137Payment into court
- 138Further information and disclosure
- 139Office copies of documents
- Part 12: PROXIES AND COMPANY REPRESENTATION
- 140Definition of proxy
- 141Issue and use of forms
- 142Use of proxies at meetings
- 143Retention of proxies
- 144Right of inspection
- 145Proxy-holder with financial interest
- 146Company representation
- Part 13: EXAMINATION OF PERSONS IN ENERGY ADMINISTRATION PROCEEDINGS
- 147Preliminary
- 148Form and contents of application
- 149Order for examination, etc
- 150Procedure for examination
- 151Record of examination
- 152Costs of proceedings under section 236
- Part 14: MISCELLANEOUS AND GENERAL
- 153Power of Secretary of State to regulate certain matters
- 154Costs, expenses, etc
- 155Provable debts
- 156Notices
- 157Quorum at meeting of creditors
- 158Evidence of proceedings at meetings
- 159Documents issuing from Secretary of State
- 160Forms for use in energy administration proceedings
- 161Energy administrator’s security
- 162Time-limits
- 163Service by post
- 164General provisions as to service and notice
- 165Service outside the jurisdiction
- 166Confidentiality of documents
- 167Notices sent simultaneously to the same person
- 168Right to copy documents
- 169Charge for copy documents
- 170Non-receipt of notice of meeting
- 171Right to have list of creditors
- 172False claim of status as creditor
- 173The Gazette
- 174Punishment of offences
- 175Notice of order under section 176A(5) of the 1986 Act
- Part 15: INTERPRETATION AND APPLICATION
- 176Introductory
- 177“The court”; “the registrar”
- 178“Give notice” etc
- 179Notice, etc to solicitors
- 180Notice to joint energy administrators
- 181“Venue”
- 182“Energy administration proceedings”
- 183“The appropriate fee”
- 184“Debt”, “liability”
- 186“Authorised deposit-taker and former authorised deposit-taker”
- 186Expressions used generally
- 187Application
- Signature
- Schedule 1FORMS
- Schedule 2PUNISHMENT OF OFFENCES UNDER THE RULES
- Explanatory note