PART 2 continued CHAPTER 4 continued
(3) For the purposes of this section—
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
is 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
amounts are applied in making good that shortfall if they are paid in or
towards discharging so much of a relevant debt as cannot be met out of
the property otherwise available for meeting relevant debts.
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
to make payments in respect of the expenses or remuneration of any
person as the energy administrator of that company;
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
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;
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.
The power to modify or apply enactments conferred on the Secretary of State
by 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) sections 248 and 277 (amendments consequential on that Act); and
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(b) section 254 (power to apply insolvency law to foreign companies).
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)”.
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.
In paragraph 46 of that Schedule, after “Chapter” insert “(including this
Chapter as applied by section 93 of the Energy Act 2011)”.
(1) In this Chapter—
“business”, “member” and “property” have the same meanings as in the
Insolvency Act 1986;
a company registered under the Companies Act 2006, or
an unregistered company;
“court”, in relation to a company, means the court—
having jurisdiction to wind up the company, or
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);
“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
“energy supply company’” has the meaning given by section 91(5);
“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;
“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
the Companies Act 2006.
(2) In this Chapter references to the energy administrator of a company—
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
administrator of that company; and
where two or more persons are appointed to be the energy
administrator of that company, are to be construed in accordance with
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the provision made under section 158(5) of the Energy Act 2004, as
applied by section 93 of this Act.
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
are exercisable), for “revoke Orders for the purpose of consolidating them”
substitute “revoke, amend or re-enact Orders”.
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
commencement of this section” substitute “the passing of the Energy Act 2011”.
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”.
In 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”.
Section 46 of the Energy Act 2008 (approval of a decommissioning programme)
is amended as follows.
(2) After subsection (3) insert—
When approving a programme the Secretary of State may agree to
exercise, or not to exercise, the section 48 power—
(a) in a particular manner;
(b) within a particular period.
An agreement under subsection (3A) may subsequently be amended by
the Secretary of State and the other party to the agreement.