Energy Bill (HC Bill 167)

(a) so to modify the charges imposed by the licence holder for anything
done by the licence holder in the carrying on of the licensed activities as
to raise such amounts as may be determined by or under the
15conditions; and

(b) to pay the amounts so raised to such persons as may be so determined
for the purpose of—

(i) their applying those amounts in making good any shortfall in
the property available for meeting the expenses of an energy
20supply company administration; or

(ii) enabling those persons to secure that those amounts are so
applied.

(2) Those modifications may include modifications imposing on the licence holder
an obligation to apply amounts paid to the licence holder in pursuance of
25conditions falling within subsection (1)(a) or (b) in making good any such
shortfall.

(3) For the purposes of this section—

(a) there is a shortfall in the property available for meeting the costs of an
energy supply company administration if, in a case where a company
30is or has been subject to an energy supply company administration
order, the property available (apart from conditions falling within
subsection (1) or (2)) for meeting relevant debts is insufficient for
meeting them; and

(b) amounts are applied in making good that shortfall if they are paid in or
35towards discharging so much of a relevant debt as cannot be met out of
the property otherwise available for meeting relevant debts.

(4) In this section “relevant debt” in relation to a case in which a company is or has
been subject to an energy supply company administration order, means an
obligation—

(a) 40to make payments in respect of the expenses or remuneration of any
person as the energy administrator of that company;

(b) to make a payment in discharge of a debt or liability of that company
arising out of a contract entered into at a time when the order was in
force by the person who at that time was the energy administrator of
45that company;

(c) to repay the whole or a part of a grant made to that company under
section 165 of the Energy Act 2004 as applied by section 93 of this Act;

(d) to repay a loan made to the company under that section as so applied,
or to pay interest on such a loan;

(e) to make a payment under section 166(4) of that Act as so applied; or

(f) to make a payment under section 167(5) of that Act as so applied.

97 Modifications under the Enterprise Act 2002

(1) The power to modify or apply enactments conferred on the Secretary of State
5by each of the sections of the Enterprise Act 2002 mentioned in subsection (2)
includes power to make such consequential modifications of this Chapter as
the Secretary of State considers appropriate in connection with any other
provision made under that section.

(2) Those sections are—

(a) 10sections 248 and 277 (amendments consequential on that Act); and

(b) section 254 (power to apply insolvency law to foreign companies).

(3) In section 170(1) of the Energy Act 2004 (modification of Chapter 3 of Part 3 of
that Act under the Enterprise Act 2002) after “Chapter” insert “(including this
Chapter as applied by section 93 of the Energy Act 2011)”.

98 15Power to make further modifications of insolvency legislation

(1) The power of the Secretary of State under paragraph 46 of Schedule 20 to the
Energy Act 2004 (conduct of energy administration) to make modifications
includes power to make such modifications as the Secretary of State considers
appropriate in relation to any provision made by or under this Chapter.

(2) 20In paragraph 46 of that Schedule, after “Chapter” insert “(including this
Chapter as applied by section 93 of the Energy Act 2011)”.

99 Interpretation of Chapter 4

(1) In this Chapter—

• “business”, “member” and “property” have the same meanings as in the
  25Insolvency Act 1986;

• “company” means—

  (a)

  a company registered under the Companies Act 2006, or

  (b)

  an unregistered company;

• “court”, in relation to a company, means the court—

  (a)

  30having jurisdiction to wind up the company, or

  (b)

  that would have such jurisdiction apart from section 221(2) or
  441(2) of the Insolvency Act 1986 (exclusion of winding up
  jurisdiction in case of companies having principal place of
  business in, or incorporated in, Northern Ireland);

• 35“energy administrator” has the meaning given by section 91(2) and is to
  be construed in accordance with subsection (2) of this section;

• “energy supply company administration order” has the meaning given by
  section 91(1);

• “energy supply company’” has the meaning given by section 91(5);

• 40“modification” includes omission, addition or alteration, and cognate
  expressions are to be construed accordingly;

• “non-GB company” means a company incorporated outside Great Britain;

• “objective of the energy supply company administration” is to be
  construed in accordance with section 92;

Energy BillPage 78

• “relevant licence” has the meaning given by section 91(5);

• “subsidiary” and “wholly-owned subsidiary” have the meanings given by
  section 1159 of the Companies Act 2006;

• “unregistered company” means a company that is not registered under
  5the Companies Act 2006.

(2) In this Chapter references to the energy administrator of a company—

(a) include references to a person appointed under paragraph 91 or 103 of
Schedule B1 to the Insolvency Act 1986, as applied by Part 1 of Schedule
20 to the Energy Act 2004 and section 93 of this Act to be the energy
10administrator of that company; and

(b) where two or more persons are appointed to be the energy
administrator of that company, are to be construed in accordance with
the provision made under section 158(5) of the Energy Act 2004, as
applied by section 93 of this Act.

CHAPTER 5 Continental shelf

100 Revocation etc of designations under Continental Shelf Act 1964

In section 1(7) of the Continental Shelf Act 1964 (power by Order in Council to
designate an area as an area within which rights with respect to the sea bed etc
5are exercisable), for “revoke Orders for the purpose of consolidating them”
substitute “revoke, amend or re-enact Orders”.

Part 3 Low carbon generation

Offshore electricity

101 10Offshore transmission and distribution of electricity: extension of time for
licence modifications and property scheme applications

(1) In section 90 of the Energy Act 2004 (modification of licence conditions for
offshore transmission and distribution of electricity), in each of subsections (3)
and (8) (time periods for consulting on and making modifications) for “the
15commencement of this section” substitute “the passing of the Energy Act 2011”.

(2) In section 91 of the Energy Act 2004 (extension of electricity transmission
licences offshore), in each of subsections (6) and (11) (time periods for
consulting on and making modifications) for “the commencement of this
section” substitute “the passing of the Energy Act 2011”.

(3) 20In Schedule 2A to the Electricity Act 1989 (property schemes in respect of
licences for offshore transmission of electricity), in paragraph 5(5) (maximum
possible period during which an application for a scheme may be made) for “7
years” substitute “16 years”.