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Rule 8 Notification and advertisement of energy administrator’s appointment

Original text. Later amendments are not shown.

(1)

As soon as is reasonably practicable, the energy administrator shall advertise his appointment, in Form EA4(S), once in the Edinburgh Gazette and once in a newspaper circulating in the area where the protected energy company has its principal place of business or in such newspaper as he thinks appropriate for ensuring that the order comes to the notice of the protected energy company’s creditors.

(2)

The energy administrator shall at the same time give notice of his appointment to the following persons–

(a)

if the application for the energy administration order was made by the Secretary of State, to GEMA;

(b)

if the application for the energy administration order was made by GEMA, to the Secretary of State;

(c)

a receiver or an administrative receiver, if appointed;

(d)

a petitioner in a petition for the winding up of the protected energy company, if that petition is pending;

(e)

any provisional liquidator of the protected energy company, if appointed;

(f)

any person who has applied to the court for an administration order under Schedule B1 to the 1986 Act, without the modifications made by Schedule 20 to the 2004 Act, in relation to the protected energy company;

(g)

any supervisor of a voluntary arrangement under Part 1 of the 1986 Act;

(h)

any holder of a qualifying floating charge who, to the energy administrator’s knowledge, has served notice in accordance with section 163 of the 2004 Act that he is seeking to appoint an administrator;

(i)

any creditor who, to the energy administrator’s knowledge, has served notice in accordance with section 164 of the 2004 Act of his intention to enforce his security over property of the protected energy company; and

(j)

the Keeper of the Register of Inhibitions and Adjudications for recording in that register.

(3)

Where, under a provision of Schedule B1 to the 1986 Act or these Rules, the energy administrator is required to send a notice of his appointment to any person, he shall do so in Form EA5(S).