{
  "url": "https://openlegislation.uk/energy-supply-company-administration-scotland-rules-2013/rule-49",
  "json_url": "https://openlegislation.uk/energy-supply-company-administration-scotland-rules-2013/rule-49.json",
  "legislation": "uksi/2013/1047",
  "legislation_title": "The Energy Supply Company Administration (Scotland) Rules 2013",
  "legislation_url": "https://openlegislation.uk/energy-supply-company-administration-scotland-rules-2013",
  "path": "rule/49",
  "kind": "rule",
  "number": "49",
  "heading": "Assets to be distributed",
  "text": "(1) The energy administrator shall make up accounts of the energy administrator’s intromissions with the energy supply company’s assets in respect of each accounting period.\n(2) Subject to the following paragraphs, the energy administrator may, if the funds of the energy supply company are sufficient and after making allowance for future contingencies, pay under Rule 51(1) a dividend out of the assets of the energy supply company to the creditors in respect of each accounting period.\n(3) The energy administrator may make a distribution to secured or preferential creditors or, where the energy administrator has the permission of the court, to unsecured creditors only if—\n(a) the energy administrator has sufficient funds for the purpose;\n(b) the energy administrator does not intend to give notice pursuant to paragraph 83 of Schedule B1 to the 1986 Act;\n(c) the energy administrator’s statement of proposals contains a proposal to make a distribution to the class of creditors in question; and\n(d) the payment of a dividend is consistent with the functions and duties of, and any proposals made by (or intended to be made by), the energy administrator.\n(4) The energy administrator may at any time pay—\n(a) the expenses of the energy supply company administration mentioned in Rule 47(1)(a), other than the energy administrator’s own remuneration; and\n(b) the preferential debts.\n(5) If the energy administrator—\n(a) is not ready to pay a dividend in respect of an accounting period; or\n(b) considers it would be inappropriate to pay such a dividend because the expense of doing so would be disproportionate to the amount of the dividend,\nthe energy administrator may postpone such payment to a date not later than the time for payment of a dividend in respect of the next accounting period.\n(6) Where an appeal is taken under Rule 39(5) against the acceptance or rejection of a creditor’s claim, the energy administrator shall, at the time of payment of dividends and until the appeal is determined, set aside an amount which would be sufficient, if the determination in the appeal were to provide for the claim being accepted in full, to pay a dividend in respect of that claim.\n(7) Where a creditor—\n(a) has failed to produce evidence in support of the creditor’s claim earlier than eight weeks before the end of an accounting period on being required by the energy administrator to do so under Rule 40(1); and\n(b) has given a reason for such failure which is acceptable to the energy administrator,\nthe energy administrator shall set aside, for such time as is reasonable to enable the creditor to produce that evidence or any other evidence that will enable the energy administrator to be satisfied under that Rule, an amount which would be sufficient, if the claim were accepted in full, to pay a dividend in respect of that claim.\n(8) Where a creditor submits a claim to the energy administrator later than eight weeks before the end of an accounting period but more than eight weeks before the end of a subsequent accounting period in respect of which, after making allowance for contingencies, funds are available for the payment of a dividend, the energy administrator shall, if the energy administrator accepts the claim in whole or in part, pay to the creditor—\n(a) the same dividend or dividends as has or have already been paid to creditors of the same class in respect of any accounting period or periods; and\n(b) whatever dividend may be payable to the creditor in respect of the said subsequent accounting period,\nprovided that sub-paragraph (a) above shall be without prejudice to any dividend which has already been paid.\n(9) In the declaration of and payment of a dividend, no payments shall be made more than once by virtue of the same debt.\n(10) If a person entitled to a dividend gives notice to the energy administrator that the person wishes the dividend to be paid to another person, or has assigned entitlement to another person, the energy administrator shall pay the dividend to that other accordingly, provided that such notice specifies the name and address of that other.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2013/1047/rule/49",
    "retrieved_at": "2026-10-29T00:55:52.675654+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}