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The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020

S.I. 2020/629 · Made 19 June 2020

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Insolvency, England And Wales

Companies

Made 19th June 2020

Laid before Parliament 24th June 2020

Coming into force 1st August 2020

The Lord Chancellor makes the following Rules in exercise of the powers conferred by section 411 of the Insolvency Act 1986f1 and section 159(3) of the Energy Act 2004f2 as applied by section 4 of the Smart Meters Act 2018f3, with the concurrence of the Secretary of State and, in the case of those rules that affect court procedure, of the Lord Chief Justice, and after consulting the committee existing for that purpose under section 413 of the Insolvency Act 1986f4:

Annotations to the whole text

Footnotes

f1

1986 c.45, as amended by the Enterprise Act 2002 (c.40) and the Small Business, Enterprise and Employment Act 2015 (c.26). By virtue of S.I. 2017/540, some of the amendments made by the Small Business, Enterprise and Employment Act 2015 do not apply for the purposes of proceedings under the Energy Act 2004 (c.20). Section 411 of the Insolvency Act 1986 was amended by S.I. 2002/1037 and the Constitutional Reform Act 2005 (c.4), Schedule 4, paragraph 188. Section 411(3) was amended by S.I. 2007/2194 and the Banking Act 2009 (c.1), section 160. There are other amending Acts and instruments, but none is relevant.

f2

2004 c.20. Section 159(3) was amended by the Energy Act 2011 (c. 16), section 97 and the Smart Meters Act 2018 (c. 14), section 5.

f3

2018 c.14.

f4

Section 413 was amended by the Constitutional Reform Act 2005 (c.4), Schedule 4, paragraph 190; the Crime and Courts Act 2013 (c.22), Schedule 9, paragraph 93 and S.I. 2018/130. There are other amending Acts, but none is relevant.

Contents

  1. Part 1: Introductory provisions
  2. 1Citation and commencement
  3. 2Construction and interpretation
  4. 3“Debt”, “liability”
  5. 4Application
  6. Part 2: Appointment of SMCL administrator by court
  7. 5Form of application
  8. 6Proposed SMCL administrator’s statement and consent to act
  9. 7Witness statement in support of the application
  10. 8Filing of application
  11. 9Service of application
  12. 10Notice to officers charged with distress or other legal process
  13. 11The hearing
  14. 12Notice of SMCL administration order
  15. Part 3: Process of SMCL administration
  16. 13Notification and advertisement of SMCL administrator’s appointment
  17. 14Notice requiring statement of affairs
  18. 15Statement of affairs: content
  19. 16Statement of concurrence
  20. 17Filing of statement of affairs etc.
  21. 18Limited disclosure
  22. 19Release from duty to submit statement of affairs; extension of time
  23. 20Expenses of statement of affairs
  24. 21SMCL administrator’s proposals
  25. 22Statement of pre-smart meter communication licensee administration costs
  26. 23Ancillary provisions about delivery of SMCL administrator’s proposals
  27. 24Limited disclosure of SMCL administrator’s statement of proposals
  28. 25Revision of the SMCL administrator’s proposals
  29. 26Reports
  30. Part 4: Meetings
  31. Chapter 1: Creditors’ meetings
  32. 27Creditors’ meetings generally
  33. 28Quorum at meeting of creditors
  34. 29The chair at meetings
  35. 30Creditors’ meeting for nomination of alternative liquidator
  36. 31Entitlement to vote
  37. 32Admission and rejection of claims
  38. 33Secured creditors
  39. 34Hire-purchase, conditional sale and chattel leasing agreements
  40. 35Resolutions
  41. 36Minutes
  42. Chapter 2: Company meetings
  43. 37Venue and conduct of company meeting
  44. Chapter 3: Remote attendance
  45. 38Remote attendance at meetings
  46. 39Action where person excluded
  47. 40Indication to excluded person
  48. 41Complaint
  49. Chapter 4: Notice of meetings
  50. 42Notice of meetings by advertisement only
  51. 43Non-receipt of notice of meeting
  52. Part 5: Disposal of charged property
  53. 44Authority to dispose of property
  54. Part 6: Expenses of the SMCL administration
  55. 45Expenses
  56. 46Priority of expenses of SMCL administration
  57. 47Pre-smart meter communication licensee administration costs
  58. Part 7: Claims by and distributions to creditors
  59. Chapter 1: Machinery of proving a debt
  60. 48Proving a debt
  61. 49Provable debts
  62. 50Costs of proving
  63. 51SMCL administrator to allow inspection of proofs
  64. 52New SMCL administrator appointed
  65. 53Admission and rejection of proofs for dividend
  66. 54Appeal against decision on proof
  67. 55Withdrawal or variation of proof
  68. 56Exclusion of proof by the court
  69. Chapter 2: Quantification of claims
  70. 57Estimate of value of debt
  71. 58Discounts
  72. 59Mutual credits and set off
  73. 60Debt in foreign currency
  74. 61Payments of a periodical nature
  75. 62Interest
  76. 63Debt payable at future time
  77. 64Voluntary surrender of security
  78. 65Value of security
  79. 66Surrender for non-disclosure
  80. 67Redemption by SMCL administrator
  81. 68Test of security’s value
  82. 69Realisation of security by creditor
  83. Chapter 3: Distributions
  84. 70Distribution to creditors generally
  85. 71Debts of insolvent SMCL to rank equally
  86. 72Supplementary provisions as to dividend
  87. 73Notice of proposed distribution
  88. 74Further contents of notice to creditors owed small debts etc.
  89. 75Sole or final dividend
  90. 76Admission or rejection of proofs following last date for proving
  91. 77Postponement or cancellation of dividend
  92. 78Declaration of dividend
  93. 79Notice of declaration of a dividend
  94. 80Payments of dividends and related matters
  95. 81Notice of no dividend, or no further dividend
  96. 82Proof altered after payment of dividend
  97. 83Secured creditors
  98. 84Disqualification from dividend
  99. 85Assignment of right to dividend
  100. 86Adjustment where dividend paid before time
  101. 87Division of unsold assets
  102. Part 8: The SMCL administrator
  103. 88Fixing of remuneration
  104. 89Remuneration of new SMCL administrator
  105. Part 9: Ending SMCL administration
  106. 90Final progress reports
  107. 91Application to court
  108. 92Notification by SMCL administrator of court order
  109. 93Moving from SMCL administration to creditors’ voluntary liquidation
  110. 94Moving from SMCL administration to dissolution
  111. 95Provision of information to the Secretary of State
  112. Part 10: Replacing the SMCL administrator
  113. 96Grounds for resignation
  114. 97Notice of intention to resign
  115. 98Notice of resignation
  116. 99Application to court to remove SMCL administrator from office
  117. 100Notice of vacation of office when SMCL administrator ceases to be qualified to act
  118. 101SMCL administrator deceased
  119. 102Application to replace
  120. 103Appointment of replacement or additional SMCL administrator
  121. 104SMCL administrator’s duties on vacating office
  122. Part 11: Court procedure and practice
  123. Chapter 1: Applications
  124. 105Preliminary
  125. 106Contents of application
  126. 107Application under section 176A(5) of the 1986 Act to disapply section 176A of the 1986 Act
  127. 108Notice of order under section 176A(5) of the 1986 Act
  128. 109Filing and service of application
  129. 110Hearings without notice
  130. 111Hearing of application
  131. 112Witness statements
  132. 113Use of reports
  133. 114Directions; adjournment of hearings
  134. Chapter 2: Enforcement procedures
  135. 115Enforcement of court orders
  136. 116Orders enforcing compliance
  137. 117Warrant under section 236 of the 1986 Act
  138. Chapter 3: The court file
  139. 118Court file
  140. 119Office copies of documents
  141. Chapter 4: Costs and detailed assessment
  142. 120Application of Chapter and interpretation
  143. 121Requirement to assess costs by the detailed procedure
  144. 122Procedure where detailed assessment required
  145. 123Costs paid otherwise than out of the assets of the SMCL
  146. 124Award of costs against SMCL administrator
  147. 125Application for costs
  148. 126Costs and expenses of witnesses
  149. 127Final costs certificate
  150. Chapter 5: Persons who lack capacity to manage their affairs
  151. 128Introductory
  152. 129Appointment of another person to act
  153. 130Witness statement in support of application
  154. 131Service of notices following appointment
  155. Chapter 6: Appeals in SMCL administration proceedings
  156. 132Appeals and reviews of SMCL administration orders
  157. 133Procedure on appeal
  158. Chapter 7: General
  159. 134Principal court rules and practice to apply
  160. 135Performance of functions by the Court
  161. 136Rights of audience
  162. 137Formal defects
  163. 138Shorthand writers
  164. 139Payment into court
  165. 140Further information and disclosure
  166. 141Court orders
  167. Part 12: Proxies and representation
  168. 142Application and interpretation
  169. 143Specific and continuing proxies
  170. 144Blank proxy
  171. 145Use of proxies
  172. 146Use of proxies by the chair
  173. 147Right of inspection and retention of proxies
  174. 148Proxy-holder with financial interest
  175. 149Instrument conferring authorisation to represent corporation
  176. Part 13: Examination of persons in SMCL administration proceedings
  177. 150Preliminary
  178. 151Contents of application
  179. 152Order for examination, etc.
  180. 153Procedure for examination
  181. 154Record of examination
  182. 155Cost of proceedings under section 236
  183. Part 14: Provisions of general effect
  184. Chapter 1: Delivery of documents
  185. 156Application of Chapter
  186. 157Personal delivery of documents
  187. 158Postal delivery of documents
  188. 159Delivery of documents to authorised recipients
  189. 160Delivery of documents to joint SMCL administrators
  190. 161Electronic delivery of documents
  191. 162Electronic delivery of documents to the court
  192. 163Electronic delivery of notices to enforcement officers
  193. 164Electronic delivery by SMCL administrators
  194. 165Use of website by SMCL administrator to deliver a particular document
  195. 166General use of website to deliver documents
  196. 167Proof of delivery of documents
  197. Chapter 2: Form and content of documents
  198. 168Requirement for writing and form of documents
  199. 169Authentication
  200. Chapter 3: Service of documents
  201. 170Application
  202. 171Service of SMCL administration application
  203. 172Service on joint SMCL administrators
  204. 173Service of orders staying proceedings
  205. 174Certificate of service
  206. Chapter 4: Gazette notices
  207. 175Contents of notices to be gazetted under the 1986 Act or these Rules
  208. 176Omission of unobtainable information
  209. 177The Gazette – general
  210. Chapter 5: Notices advertised otherwise than in the Gazette
  211. 178Notices otherwise advertised under the 1986 Act or these Rules
  212. 179Non-Gazette notices – other provisions
  213. Chapter 6: Documents delivered to the registrar of companies
  214. 180Application of this Chapter
  215. 181Information to be contained in all documents delivered to the registrar
  216. 182Documents relating to the office of SMCL administrators
  217. 183Documents relating to other documents
  218. 184Documents relating to court orders
  219. 185Reports of meetings
  220. 186Documents relating to other events
  221. 187Documents of more than one type
  222. 188Documents delivered to other persons at the same time
  223. Chapter 7: Inspection of documents and the provision of information
  224. 189Confidentiality of documents – grounds for refusing inspection
  225. 190Right to copies of documents
  226. 191Charges for copies of documents
  227. 192Right to list of creditors
  228. Chapter 8: Time
  229. 193Calculation of time periods
  230. Part 15: Miscellaneous
  231. 194Power of Secretary of State to regulate certain matters
  232. 195False claim of status as creditor, etc.
  233. 196Punishment of offences
  234. 197Review
  235. Signature
  236. Schedule Punishment of offences under these Rules
  237. Explanatory note