OpenLegislation

Rule 47 Moving from energy administration to creditors' voluntary liquidation

Original text. Later amendments are not shown.

(1)

A notice pursuant to paragraph 83(3) of Schedule B1 to the 1986 Act shall be in Form EA17(S) and shall be accompanied by a final progress report which includes details of the assets to be dealt with in the liquidation.

(2)

As soon as reasonably practicable, the energy administrator shall send a copy of the notice and accompanying documents to–

(a)

all those who received notice of the energy administrator’s appointment;

(b)

where the Secretary of State did not receive notice of the energy administrator’s appointment, to the Secretary of State; and

(c)

where GEMA did not receive notice of the energy administrator’s appointment, to GEMA.

(3)

For the purposes of paragraph 83(7) of Schedule B1 to the 1986 Act, a person shall be nominated as liquidator in accordance with the provisions of Rule 14(1)(l) or Rule 26(2)(h) and his appointment takes effect–

(a)

by virtue of the energy administrator’s proposals or revised proposals; or

(b)

where a creditors' meeting is held in accordance with Rule 20, as a consequence of such a meeting.

(4)

GEMA must notify the Secretary of State before consenting to the energy administrator sending a notice of moving from energy administration to creditors' voluntary liquidation to the registrar of companies.