|
| |
|
under Part I of the 1986 Act” substitute “any modifications made under Part 1 |
| |
of the 1986 Act or under the Energy Act 2004”. |
| |
(11) | In this section “gas or electricity licence” means a licence for the purposes of |
| |
section 5 of the Gas Act 1986 or section 4 of the 1989 Act (prohibition on |
| |
| 5 |
166 | Licence conditions to secure funding of energy administration |
| |
(1) | The modifications that may be made under section 165 include, in particular, |
| |
modifications imposing conditions requiring the holder of the licence— |
| |
(a) | so to modify the charges imposed by him for anything done by him in |
| |
the carrying on of the licensed activities as to raise such amounts as |
| 10 |
may be determined by or under the conditions; and |
| |
(b) | to pay the amounts so raised to such persons as may be so determined |
| |
| |
(i) | their applying those amounts in making good any shortfall in |
| |
the property available for meeting the expenses of an energy |
| 15 |
| |
(ii) | enabling those persons to secure that those amounts are so |
| |
| |
(2) | Those modifications may include modifications imposing on the licence holder |
| |
an obligation to apply amounts paid to him in pursuance of conditions falling |
| 20 |
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 administration if, in a case where a company is or has been |
| |
subject to an energy administration order, the property available (apart |
| 25 |
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 |
| |
towards discharging so much of a relevant debt as cannot be met out of |
| |
the property otherwise available for meeting relevant debts. |
| 30 |
(4) | In this section “relevant debt”, in relation to a case in which a company is or has |
| |
been subject to an energy administration order, means an obligation— |
| |
(a) | to 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 |
| 35 |
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 |
| |
| |
(c) | to repay the whole or a part of a grant made to that company under |
| |
| 40 |
(d) | to repay a loan made to the company under that section, or to pay |
| |
| |
(e) | to make a payment under section 163(4); or |
| |
(f) | to make a payment under section 164(5). |
| |
|
| |
|
| |
|
Supplemental provision of Chapter 3 of Part 4 |
| |
167 | Modification of Chapter 3 of Part 4 under Enterprise Act 2002 |
| |
(1) | The power to modify or apply enactments conferred on the Secretary of State |
| |
by each of the sections of the Enterprise Act 2002 (c. 40) mentioned in |
| |
subsection (2) includes power to make such consequential modifications of this |
| 5 |
Chapter as he considers appropriate in connection with any other provision |
| |
| |
| |
(a) | sections 248 and 277 (amendments consequential on that Act); and |
| |
(b) | section 254 (power to apply insolvency law to foreign companies). |
| 10 |
168 | Interpretation of Chapter 3 of Part 4 |
| |
| |
| “the 1986 Act” means the Insolvency Act 1986 (c. 45); |
| |
| “business”, “member”, “property” and “security” have the same meanings |
| |
| 15 |
| |
(a) | a company formed and registered under the Companies Act |
| |
| |
(b) | an existing company; or |
| |
(c) | an unregistered company; |
| 20 |
| |
(a) | in relation to a company other than a Northern Irish joint stock |
| |
company, means the court having jurisdiction to wind up the |
| |
| |
(b) | in relation to a Northern Irish joint stock company, means the |
| 25 |
court that would have jurisdiction to wind it up if it were an |
| |
unregistered company within the meaning of Part 5 of the 1986 |
| |
| |
| “energy administration order” has the meaning given by section 151(1); |
| |
| “energy administration rules” means rules made under section 411 of the |
| 30 |
1986 Act by virtue of section 156(3) of this Act; |
| |
| “energy administrator” has the meaning given by section 151(2) and is to |
| |
be construed in accordance with subsection (2) of this section; |
| |
| “non-GB company” means an unregistered company incorporated |
| |
| 35 |
| “objective of the energy administration” is to be construed in accordance |
| |
| |
| “protected energy company” has the meaning given by section 151(5); |
| |
| “relevant licence” has the meaning given by section 151(5); |
| |
| “unregistered company” means— |
| 40 |
(a) | an unregistered company within the meaning of Part 5 of the |
| |
| |
(b) | a Northern Irish joint stock company. |
| |
(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 1986 Act, as applied by Part 1 of Schedule 20 to this |
| |
Act, to be the energy administrator 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 |
| 5 |
the provision made under section 155(5). |
| |
(3) | References in this Chapter to a person qualified to act as an insolvency |
| |
practitioner in relation to a company are to be construed in accordance with |
| |
Part 13 of the 1986 Act (insolvency practitioners and their qualifications); but |
| |
as if references in that Part to a company included references to a Northern |
| 10 |
Irish joint stock company. |
| |
(4) | For the purposes of this Chapter an application made to the court is |
| |
| |
(a) | has not yet been granted or dismissed; and |
| |
(b) | has not been withdrawn. |
| 15 |
(5) | For the purposes of subsection (4) an application is not to be taken as having |
| |
been dismissed if an appeal against the dismissal of the application, or a |
| |
subsequent appeal, is pending. |
| |
(6) | An appeal shall be treated as pending for the purposes of subsection (5) if— |
| |
(a) | such an appeal has been brought and has been neither determined nor |
| 20 |
| |
(b) | an application for permission to appeal has been made but has not been |
| |
determined or withdrawn; or |
| |
(c) | no such appeal has been brought and the period for bringing an appeal |
| |
| 25 |
(7) | References in this Chapter to Schedule B1 to the 1986 Act, or to a provision of |
| |
that Schedule (except the references in subsection (2) of this section), are |
| |
references to that Schedule or that provision without the modifications made |
| |
by Part 1 of Schedule 20 to this Act. |
| |
| 30 |
| “existing company” has the same meaning as in the Companies Act 1985 |
| |
(c. 6) (see section 735(1) of that Act); |
| |
| “Northern Irish joint stock company” means a company registered in |
| |
Northern Ireland under the Joint Stock Companies Acts (as defined in |
| |
section 735(3) of the Companies Act 1985). |
| 35 |
| |
Further provisions about regulation |
| |
Appeals from GEMA decisions |
| |
169 | Appeals to the Competition Commission |
| |
(1) | An appeal shall lie to the Competition Commission from a decision by GEMA |
| 40 |
to which this section applies. |
| |
(2) | This section applies to a decision by GEMA if— |
| |
|
| |
|
| |
|
(a) | it is a decision relating to a document by reference to which provision |
| |
is made by a condition of a gas or electricity licence; |
| |
(b) | that document is designated for the purposes of this section by an order |
| |
made by the Secretary of State; |
| |
(c) | the decision consists in the giving or refusal of a consent by virtue of |
| 5 |
which the document has effect, or would have had effect, for the |
| |
purposes of the licence with modifications or as reissued; and |
| |
(d) | the decision is not of a description of decisions for the time being |
| |
excluded from the right of appeal under this section by an order made |
| |
by the Secretary of State. |
| 10 |
(3) | An appeal against a decision may be brought under this section only by— |
| |
(a) | a person whose interests are materially affected by it; or |
| |
(b) | a body or association whose functions are or include representing |
| |
persons in respect of interests of theirs that are so affected. |
| |
(4) | The permission of the Competition Commission is required for the bringing of |
| 15 |
an appeal under this section. |
| |
(5) | The Competition Commission may refuse permission only on one of the |
| |
| |
(a) | that the appeal is brought for reasons that are trivial or vexatious; |
| |
(b) | that the appeal has no reasonable prospect of success. |
| 20 |
(6) | Before making an order under this section, the Secretary of State must |
| |
| |
| |
(b) | such other persons as he considers appropriate. |
| |
(7) | An order excluding decisions from the right of appeal under this section may |
| 25 |
| |
(a) | for the exclusion to apply only in such cases as may be determined in |
| |
accordance with the order; and |
| |
(b) | for a determination in accordance with the order to be made by such |
| |
persons, in accordance with such procedures, and by reference to such |
| 30 |
matters and the opinions of such persons (including GEMA), as may be |
| |
provided for in the order. |
| |
(8) | An order made by the Secretary of State under this section is subject to the |
| |
negative resolution procedure. |
| |
| 35 |
| “consent” includes an approval or direction; |
| |
| “gas or electricity licence” means a licence for the purposes of section 5 of |
| |
the Gas Act 1986 (c. 44) or section 4 of the 1989 Act (prohibition on |
| |
| |
| 40 |
(1) | The functions of the Competition Commission with respect to appeals under |
| |
section 169 of this Act are not to be regarded as comprised in its general |
| |
functions for the purposes of Part 2 of Schedule 7 to the Competition Act 1998 |
| |
(c. 41) (manner in which general functions are to be carried out). |
| |
(2) | Instead, Schedule 22 (procedure on appeals) has effect. |
| 45 |
|
| |
|