Rule 55 Application to court
An application under paragraph 79 of Schedule B1 to the 1986 Act for an order providing for the appointment of an energy administrator of the energy supply company to cease to have effect shall be accompanied by a progress report for the period since the last such report (if any) and a statement indicating what the applicant thinks should be the next steps for the energy supply company (if applicable).
Subject to paragraph (3), where the energy administrator applies to the court the energy administrator shall give to—
the applicant for the energy supply company administration order (unless the applicant in both cases is the same) under which the energy administrator was appointed; and
the creditors of the energy supply company,
at least 5 business days’ written notice of the applicant’s intention so to apply.
Where an applicant other than the energy administrator applies to the court—
the applicant shall give to the energy administrator at least 5 business days’ written notice of the applicant’s intention so to apply; and
upon receipt of such written notice the energy administrator shall, before the end of the 5 business day notice period, provide the applicant with a progress report for the period since the last progress report (if any) or the date the energy supply company entered energy supply company administration.
Where the application is made other than by the Secretary of State, it shall also state that it is made with the consent of the Secretary of State.
Where the energy administrator applies to court under paragraph 79 of Schedule B1 to the 1986 Act in conjunction with a petition under section 124 of the 1986 Act (application for winding-up) for an order to wind up the energy supply company, the energy administrator shall, in addition to the requirements of paragraphs (2) and (4), notify the creditors of whether the energy administrator intends to seek appointment as liquidator.