# The Energy Supply Company Administration (Scotland) Rules 2013, Rule 23: Correspondence instead of creditors’ meetings


(1) This Rule applies where the energy administrator proposes to conduct the business of a creditors’ meeting by correspondence in accordance with paragraph 58 of Schedule B1 to the 1986 Act.
(2) Notice of the business to be conducted shall be given to all who are entitled to be notified of a creditors’ meeting by virtue of paragraph 51 of Schedule B1 to the 1986 Act.
(3) The energy administrator may seek to obtain the agreement of the creditors to a resolution by sending to every creditor a copy of the proposed resolution.
(4) The energy administrator shall send to the creditors a copy of any proposed resolution on which a decision is sought, which shall be set out in such a way that agreement with or dissent from each separate resolution may be indicated by the recipient on the copy so sent.
(5) The energy administrator shall set a closing date for receipt of votes and comments. The closing date shall be set at the discretion of the energy administrator, but shall not be less than 14 days from the date of issue of the notice under paragraph (1) of this Rule.
(6) In order to be considered, votes and comments must be received by the energy administrator by the closing date and must be accompanied by the statement of claim and account or voucher referred to in Rule 36, except where the statement of claim and account or voucher have already been submitted by the creditor.
(7) For the conduct of business to proceed, the energy administrator must receive at least one response which satisfies the requirement of paragraph (6) of this Rule.
(8) If no responses are received by the closing date, then the energy administrator shall summon a creditors’ meeting.
(9) Any single creditor, or a group of creditors, of the energy supply company whose debts amount to at least 10 per cent of the total debts of the energy supply company may, within 5 business days from the date of the energy administrator sending out a resolution or proposals, require him to summon a creditors’ meeting to consider the matters raised therein.
(10) If the energy administrator’s proposals or revised proposals are rejected by the creditors pursuant to this Rule, the administrator may summon a creditors’ meeting.
(11) A reference in these Rules to anything done at a creditors’ meeting includes a reference to anything done in the course of correspondence in accordance with this Rule; and Rule 17 shall apply to the business of a creditors’ meeting conducted by correspondence as it applies to a creditors’ meeting.

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Source: https://www.legislation.gov.uk/uksi/2013/1047/rule/23 (the official version)
Page: https://openlegislation.uk/energy-supply-company-administration-scotland-rules-2013/rule-23
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.