Article 113 Right to inspect fileI1

England and Wales

(1)

In the case of any energy administration proceedings, the following have the right, at all reasonable times, to inspect the court’s file of the proceedings—

(a)

the Secretary of State;

(b)

GEMA;

(c)

the energy administrator;

(d)

any person stating himself in writing to be a creditor of the protected energy company to which the energy administration proceedings relate; and

(e)

every person who is, or at any time has been, a director or officer of the protected energy company to which the energy administration proceedings relate, or who is a member of the protected energy company.

(2)

The right of inspection conferred as above on any person may be exercised on his behalf by a person properly authorised by him.

(3)

Any person may, by leave of the court, inspect the file.

(4)

The right of inspection conferred by this Rule is not exercisable in the case of documents, or parts of documents, as to which the court directs (either generally or specially) that they are not to be made open to inspection without the court’s leave.

An application for a direction of the court under this paragraph may be made by the energy administrator or by any party appearing to the court to have an interest.

(5)

If, for the purpose of powers conferred by the 1986 Act, Schedule B1 to the 1986 Act, the Rules or the Insolvency Rules, the Secretary of State, the Department or the official receiver wishes to inspect the file of any energy administration proceedings, and requests the transmission of the file, the court shall comply with such request (unless the file is for the time being in use for the court’s purposes).

(6)

Paragraphs (2) and (3) of Rule 111 apply in respect of the court’s file of any energy administration proceedings as they apply in respect of court records.

Annotations

Commencement

I1: Rule 113 in force at 1.10.2005, see rule 1