Rule 9 Notification and advertisement of energy administrator’s appointment

(1)

The notice of appointment, which the energy administrator must publish as soon as is reasonably practicable after appointment by virtue of paragraph 46(2)(b) of Schedule B1 to the 1986 Act, shall be advertised in the Edinburgh Gazette in Form ESCA4(S) and may be advertised in such other manner as the energy administrator thinks fit.

(2)

In addition to the standard content, the notice under paragraph (1) must state—

(a)

that an energy administrator has been appointed;

(b)

the date of the appointment; and

(c)

the nature of the business of the company.

(3)

The energy administrator shall at the same time give notice of the energy administrator’s appointment to the following persons—

(a)

an administrative receiver, if appointed;

(b)

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

(c)

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

(d)

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 energy supply company;

(e)

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

(f)

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 the person is seeking to appoint an administrator;

(g)

any creditor who, to the energy administrator’s knowledge, has served notice in accordance with section 164 of the 2004 Act (restrictions on enforcement of security) of the creditor’s intention to enforce the creditor’s security over property of the energy supply company;

(h)

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

(i)

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

(j)

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

(4)

Where, under a provision of Schedule B1 to the 1986 Act or these Rules, the energy administrator is required to send a notice of the energy administrator’s appointment to any person, the energy administrator shall do so in Form ESCA5(S).