The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020
S.I. 2020/629 · Made 19 June 2020
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
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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
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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
- f4
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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
- Part 1: Introductory provisions
- 1Citation and commencement
- 2Construction and interpretation
- 3“Debt”, “liability”
- 4Application
- Part 2: Appointment of SMCL administrator by court
- 5Form of application
- 6Proposed SMCL administrator’s statement and consent to act
- 7Witness statement in support of the application
- 8Filing of application
- 9Service of application
- 10Notice to officers charged with distress or other legal process
- 11The hearing
- 12Notice of SMCL administration order
- Part 3: Process of SMCL administration
- 13Notification and advertisement of SMCL administrator’s appointment
- 14Notice requiring statement of affairs
- 15Statement of affairs: content
- 16Statement of concurrence
- 17Filing of statement of affairs etc.
- 18Limited disclosure
- 19Release from duty to submit statement of affairs; extension of time
- 20Expenses of statement of affairs
- 21SMCL administrator’s proposals
- 22Statement of pre-smart meter communication licensee administration costs
- 23Ancillary provisions about delivery of SMCL administrator’s proposals
- 24Limited disclosure of SMCL administrator’s statement of proposals
- 25Revision of the SMCL administrator’s proposals
- 26Reports
- Part 4: Meetings
- Chapter 1: Creditors’ meetings
- 27Creditors’ meetings generally
- 28Quorum at meeting of creditors
- 29The chair at meetings
- 30Creditors’ meeting for nomination of alternative liquidator
- 31Entitlement to vote
- 32Admission and rejection of claims
- 33Secured creditors
- 34Hire-purchase, conditional sale and chattel leasing agreements
- 35Resolutions
- 36Minutes
- Chapter 2: Company meetings
- 37Venue and conduct of company meeting
- Chapter 3: Remote attendance
- 38Remote attendance at meetings
- 39Action where person excluded
- 40Indication to excluded person
- 41Complaint
- Chapter 4: Notice of meetings
- 42Notice of meetings by advertisement only
- 43Non-receipt of notice of meeting
- Part 5: Disposal of charged property
- 44Authority to dispose of property
- Part 6: Expenses of the SMCL administration
- 45Expenses
- 46Priority of expenses of SMCL administration
- 47Pre-smart meter communication licensee administration costs
- Part 7: Claims by and distributions to creditors
- Chapter 1: Machinery of proving a debt
- 48Proving a debt
- 49Provable debts
- 50Costs of proving
- 51SMCL administrator to allow inspection of proofs
- 52New SMCL administrator appointed
- 53Admission and rejection of proofs for dividend
- 54Appeal against decision on proof
- 55Withdrawal or variation of proof
- 56Exclusion of proof by the court
- Chapter 2: Quantification of claims
- 57Estimate of value of debt
- 58Discounts
- 59Mutual credits and set off
- 60Debt in foreign currency
- 61Payments of a periodical nature
- 62Interest
- 63Debt payable at future time
- 64Voluntary surrender of security
- 65Value of security
- 66Surrender for non-disclosure
- 67Redemption by SMCL administrator
- 68Test of security’s value
- 69Realisation of security by creditor
- Chapter 3: Distributions
- 70Distribution to creditors generally
- 71Debts of insolvent SMCL to rank equally
- 72Supplementary provisions as to dividend
- 73Notice of proposed distribution
- 74Further contents of notice to creditors owed small debts etc.
- 75Sole or final dividend
- 76Admission or rejection of proofs following last date for proving
- 77Postponement or cancellation of dividend
- 78Declaration of dividend
- 79Notice of declaration of a dividend
- 80Payments of dividends and related matters
- 81Notice of no dividend, or no further dividend
- 82Proof altered after payment of dividend
- 83Secured creditors
- 84Disqualification from dividend
- 85Assignment of right to dividend
- 86Adjustment where dividend paid before time
- 87Division of unsold assets
- Part 8: The SMCL administrator
- 88Fixing of remuneration
- 89Remuneration of new SMCL administrator
- Part 9: Ending SMCL administration
- 90Final progress reports
- 91Application to court
- 92Notification by SMCL administrator of court order
- 93Moving from SMCL administration to creditors’ voluntary liquidation
- 94Moving from SMCL administration to dissolution
- 95Provision of information to the Secretary of State
- Part 10: Replacing the SMCL administrator
- 96Grounds for resignation
- 97Notice of intention to resign
- 98Notice of resignation
- 99Application to court to remove SMCL administrator from office
- 100Notice of vacation of office when SMCL administrator ceases to be qualified to act
- 101SMCL administrator deceased
- 102Application to replace
- 103Appointment of replacement or additional SMCL administrator
- 104SMCL administrator’s duties on vacating office
- Part 11: Court procedure and practice
- Chapter 1: Applications
- 105Preliminary
- 106Contents of application
- 107Application under section 176A(5) of the 1986 Act to disapply section 176A of the 1986 Act
- 108Notice of order under section 176A(5) of the 1986 Act
- 109Filing and service of application
- 110Hearings without notice
- 111Hearing of application
- 112Witness statements
- 113Use of reports
- 114Directions; adjournment of hearings
- Chapter 2: Enforcement procedures
- 115Enforcement of court orders
- 116Orders enforcing compliance
- 117Warrant under section 236 of the 1986 Act
- Chapter 3: The court file
- 118Court file
- 119Office copies of documents
- Chapter 4: Costs and detailed assessment
- 120Application of Chapter and interpretation
- 121Requirement to assess costs by the detailed procedure
- 122Procedure where detailed assessment required
- 123Costs paid otherwise than out of the assets of the SMCL
- 124Award of costs against SMCL administrator
- 125Application for costs
- 126Costs and expenses of witnesses
- 127Final costs certificate
- Chapter 5: Persons who lack capacity to manage their affairs
- 128Introductory
- 129Appointment of another person to act
- 130Witness statement in support of application
- 131Service of notices following appointment
- Chapter 6: Appeals in SMCL administration proceedings
- 132Appeals and reviews of SMCL administration orders
- 133Procedure on appeal
- Chapter 7: General
- 134Principal court rules and practice to apply
- 135Performance of functions by the Court
- 136Rights of audience
- 137Formal defects
- 138Shorthand writers
- 139Payment into court
- 140Further information and disclosure
- 141Court orders
- Part 12: Proxies and representation
- 142Application and interpretation
- 143Specific and continuing proxies
- 144Blank proxy
- 145Use of proxies
- 146Use of proxies by the chair
- 147Right of inspection and retention of proxies
- 148Proxy-holder with financial interest
- 149Instrument conferring authorisation to represent corporation
- Part 13: Examination of persons in SMCL administration proceedings
- 150Preliminary
- 151Contents of application
- 152Order for examination, etc.
- 153Procedure for examination
- 154Record of examination
- 155Cost of proceedings under section 236
- Part 14: Provisions of general effect
- Chapter 1: Delivery of documents
- 156Application of Chapter
- 157Personal delivery of documents
- 158Postal delivery of documents
- 159Delivery of documents to authorised recipients
- 160Delivery of documents to joint SMCL administrators
- 161Electronic delivery of documents
- 162Electronic delivery of documents to the court
- 163Electronic delivery of notices to enforcement officers
- 164Electronic delivery by SMCL administrators
- 165Use of website by SMCL administrator to deliver a particular document
- 166General use of website to deliver documents
- 167Proof of delivery of documents
- Chapter 2: Form and content of documents
- 168Requirement for writing and form of documents
- 169Authentication
- Chapter 3: Service of documents
- 170Application
- 171Service of SMCL administration application
- 172Service on joint SMCL administrators
- 173Service of orders staying proceedings
- 174Certificate of service
- Chapter 4: Gazette notices
- 175Contents of notices to be gazetted under the 1986 Act or these Rules
- 176Omission of unobtainable information
- 177The Gazette – general
- Chapter 5: Notices advertised otherwise than in the Gazette
- 178Notices otherwise advertised under the 1986 Act or these Rules
- 179Non-Gazette notices – other provisions
- Chapter 6: Documents delivered to the registrar of companies
- 180Application of this Chapter
- 181Information to be contained in all documents delivered to the registrar
- 182Documents relating to the office of SMCL administrators
- 183Documents relating to other documents
- 184Documents relating to court orders
- 185Reports of meetings
- 186Documents relating to other events
- 187Documents of more than one type
- 188Documents delivered to other persons at the same time
- Chapter 7: Inspection of documents and the provision of information
- 189Confidentiality of documents – grounds for refusing inspection
- 190Right to copies of documents
- 191Charges for copies of documents
- 192Right to list of creditors
- Chapter 8: Time
- 193Calculation of time periods
- Part 15: Miscellaneous
- 194Power of Secretary of State to regulate certain matters
- 195False claim of status as creditor, etc.
- 196Punishment of offences
- 197Review
- Signature
- Schedule Punishment of offences under these Rules
- Explanatory note