Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Insolvency (Moratorium) (Special Administration for Energy Licensees) Regulations 2020.

(2) These Regulations come into force on the day after the day on which they are made.

(3) In these Regulations—

“the 1986 Act” means the Insolvency Act 1986( 2 );

“energy supply company” has the meaning given in section 94(5) of the Energy Act 2011( 3 );

“protected energy company” has the meaning given in section 154(5) of the Energy Act 2004( 4 ); and

“smart meter communication licensee” has the meaning given in section 2(5) of the Smart Meters Act 2018( 5 ).

Modification of application of Part A1 of the 1986 Act (moratorium)

2. Part A1 of the 1986 Act( 6 ) applies in relation to a protected energy company, a smart meter communication licensee or an energy supply company with the modifications set out in regulations 3 to 10.

Modification of section A3 (obtaining a moratorium by filing or lodging documents at court)

3. Section A3 of the 1986 Act applies as if, after subsection (3), there were inserted—

“ (4) Where the company is a protected energy company, a smart meter communication licensee or an energy supply company, the directors of the company must, within one business day of filing the relevant documents with the court under subsection (2), give a copy of the relevant documents to the Secretary of State and GEMA. ” .

Modification of section A4 (obtaining a moratorium for company subject to winding-up petition)

4. Section A4 of the 1986 Act applies as if, after subsection (3), there were inserted—

“ (3A) Where the company is a protected energy company, a smart meter communication licensee or an energy supply company, the directors of the company must, within one business day of filing an application with the court under subsection (2), notify the Secretary of State and GEMA that the application has been made.

(3B) A notice under subsection (3A) must be accompanied by—

(a) a copy of the application, and

(b) a copy of the relevant documents filed with the court. ” .

Modification of section A5 (obtaining a moratorium for other overseas companies)

5. Section A5 of the 1986 Act applies as if, after subsection (3), there were inserted—

“ (3A) Where the company is a protected energy company, a smart meter communication licensee or an energy supply company, the directors of the company must, within one business day of filing an application with the court under subsection (2), notify the Secretary of State and GEMA that the application has been made.

(3B) A notice under subsection (3A) must be accompanied by—

(a) a copy of the application, and

(b) a copy of the relevant documents filed with the court. ” .

Modification of section A8 (obligations to notify where moratorium comes into force)

6. Section A8 of the 1986 Act applies as if, after subsection (2)(d), there were inserted—

“ (e) in a case where the company is a protected energy company, a smart meter communication licensee or an energy supply company, the Secretary of State and GEMA. ” .

Modification of section A17 (obligations to notify change in end of moratorium)

7. Section A17 of the 1986 Act applies as if—

(a) after subsection (1), there were inserted—

“ (1A) The table imposes obligations on the directors of a protected energy company, a smart meter communication licensee or an energy supply company to give documents to the Secretary of State and GEMA where a moratorium for the company is extended or comes to an end.

(1B) The documents specified in subsection (1A) must be given to the Secretary of State and GEMA within five business days beginning with the day on which the directors give the notice under subsection (1). ” ;

(b) after subsection (4), there were inserted—

“ (4A) A notice required to be given by the monitor under subsection (2) or (3) to the Secretary of State and GEMA must be given within five business days beginning with the day on which the duty to give the notice arises. ” ; and

(c) after subsection (8)(d), there were inserted—

“ (e) in a case where the company is a protected energy company, a smart meter communication licensee or an energy supply company, the Secretary of State and GEMA. ” .

Modification of section A20 (restrictions on insolvency proceedings etc)

8. Section A20 of the 1986 Act applies as if, after subsection (2), there were inserted—

“ (2A) Subsection (1)(e) does not prevent an application being made by the Secretary of State or GEMA for an energy administration order, a smart meter communication licensee administration order or an energy supply company administration order in respect of the company. ” .

Modification of section A21 (restrictions on enforcement and legal proceedings)

9. Section A21 of the 1986 Act applies as if, after subsection (5), there were inserted—

“ (5A) Subsection (1)(e) does not prevent GEMA from instituting, carrying out or continuing any legal process, without the permission of the court, in relation to a protected energy company, a smart meter communication licensee or an energy supply company. ” .

Modification of section A54 (interpretation of Part A1: general)

10. Section A54(1) of the 1986 Act applies as if, in the appropriate places, there were inserted—

“ “energy administration order” has the meaning given in section 154(1) of the Energy Act 2004 ( 7 ) ; ”

“ “energy supply company” has the meaning given in section 94(5) of the Energy Act 2011 ( 8 ) ; ”

“ “energy supply company administration order” has the meaning given in section 94(1) of the Energy Act 2011; ”

“ “GEMA” means the Gas and Electricity Markets Authority ( 9 ) ; ”

“ “protected energy company” has the meaning given in section 154(5) of the Energy Act 2004; ”

“ “smart meter communication licensee” has the meaning given in section 2(5) of the Smart Meters Act 2018 ( 10 ) ; ”

“ “smart meter communication licensee administration order” has the meaning given in section 2(1) of the Smart Meters Act 2018; ” .