The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/629 |
2020 No. 629
Insolvency, England And WalesCompanies
The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020
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 19861and section 159(3) of the Energy Act 20042as applied by section 4 of the Smart Meters Act 20183, 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 19864:
PART 1
Introductory provisions
Citation and commencement
1. These Rules may be cited as the Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 and come into force on 1st August 2020.
Construction and interpretation
2.—(1) In these Rules—
“the 1986 Act” means the Insolvency Act 1986;
“the 2004 Act” means the Energy Act 2004;
“the 2018 Act” means the Smart Meters Act 2018;
“the appropriate fee” means 15 pence per A4 or A5 page and 30 pence per A3 page;
“authenticated” is to be interpreted in accordance with Rule 169;
“business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in any part of Great Britain under or by virtue of the Banking and Financial Dealings Act 19715;
“contributory” has the same meaning as in section 79 of the 1986 Act6;
“CPR” means the Civil Procedure Rules 19987;
“deliver” and “delivery” are to be interpreted in accordance with Chapter 1 of Part 14;
“district judge of the High Court” means a district judge sitting in an assigned district registry as a district judge of the High Court under section 100 of the Senior Courts Act 19818;
“enforcement agent” means a person authorised by section 63(2) of the Tribunals, Courts and Enforcement Act 20079to act as an enforcement agent;
“enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 200310;
“file with the court” means deliver to the court11for filing;
“the Gazette” means the London Gazette;
“gazetted” means advertised once in the London Gazette;
“GEMA” means the Gas and Electricity Markets Authority;
“High Court Judge” means a judge listed in section 4(1) of the Senior Courts Act 198112;
“Insolvency and Companies Court Judge” means a person appointed to the office of Insolvency and Companies Court Judge under section 89(1) of the Senior Courts Act 198113;
“insolvency proceedings” means any proceedings under the 1986 Act or the Insolvency Rules;
“the Insolvency Rules” means the Insolvency (England and Wales) Rules 201614;
“IP number” means the number assigned to a person as an insolvency practitioner by the Secretary of State;
“joint SMCL administrator” means a person appointed to act jointly or concurrently as SMCL administrator of the SMCL;
“practice direction” means a direction as to the practice and procedure of any court within the scope of the CPR;
“prescribed part” has the same meaning as it does in section 176A(2) of the 1986 Act15;
“pre-smart meter communication licensee administration costs” are—
(a) fees charged; and
(b) expenses incurred,
by the SMCL administrator, or another person qualified to act as an insolvency practitioner, before the SMCL entered SMCL administration but with a view to its doing so;
“proving” and “proof”, in relation to a debt, have the meanings given in Rule 48(2);
“proxy” and “the proxy-holder” are to be interpreted in accordance with Rule 143;
“qualified to act as an insolvency practitioner” has the meaning given by Part 13 of the 1986 Act;
“qualifying floating charge” is to be interpreted in accordance with paragraph 14(2) of Schedule B1 to the 1986 Act16;
“registrar of companies” means the registrar of companies for England and Wales;
“serve” and “service” are to be interpreted in respect of a particular document by reference to Chapter 3 of Part 14;
“SMCL” means a smart meter communication licensee17;
“SMCL administration” means administration entered into pursuant to the making of an SMCL administration order;
“SMCL administration order” means a smart meter communication licensee administration order18;
“SMCL administration proceedings” means any proceedings under sections 156 to 167 of, and Schedules 20 and 21 to, the 2004 Act19, sections 2 to 10 of the 2018 Act or these Rules;
“SMCL administrator” means a smart meter communication administrator20;
“solicitor” means a solicitor of the Senior Courts and includes any other person who, for the purpose of the Legal Services Act 200721is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act) or is exempt from such authorisation by virtue of section 19 of and Schedule 3 to that Act;
“statement of proposals” has the meaning given in Rule 21;
“statement of truth” means a statement of truth made in accordance with CPR Part 2222;
“unpaid pre-smart meter communication licensee administration costs” are pre-smart meter communication licensee administration costs which had not been paid when the SMCL entered SMCL administration;
“venue” in relation to any proceedings, attendance before the court, or meeting means the time, date and place for the proceedings, attendance, or meeting or the time and date for a meeting which is held in accordance with section 246A of the 1986 Act23without any place being specified for it;
“witness statement” means a witness statement made in accordance with CPR Part 3224and verified by a statement of truth.
(2) If a provision of the 1986 Act referred to in these Rules has been modified by Schedule 20 to the 2004 Act (as applied and modified by the 2018 Act), that reference is to that provision of the 1986 Act as so modified.
(3) References to provisions of the 2004 Act are, where those provisions have been applied and modified by the 2018 Act, references to those provisions as so modified.
(4) In these Rules expressions defined in section 10 of the 2018 Act have the meanings given to them in that section.
(5) Where the SMCL is a non-GB company25, references in these Rules to the affairs, business and property of the SMCL are references only to its affairs and business so far as carried on in Great Britain and to its property in Great Britain.
(6) Where the SMCL is an unregistered company, any requirement to deliver information to the registrar of companies applies only if the company is subject to a requirement imposed by virtue of section 1043 or 1046(1) of the Companies Act 200626.
“Debt”, “liability”
3.—(1) “Debt” means (subject to paragraph (2)) any of the following—
(a)
(a) any debt or liability to which the SMCL is subject at the date on which it entered SMCL administration;
(b)
(b) any debt or liability to which the SMCL may become subject after that date by reason of any obligation incurred before that date;
(c)
(c) any interest provable as mentioned in Rule 62(1).
(2) For the purpose of any provision of the 1986 Act, section 154 to 171 of and Schedule 20 and 21 to the 2004 Act, the 2018 Act, or these Rules, any liability in tort is a debt provable in the SMCL administration if either—
(a)
(a) the cause of action has accrued at the date on which the SMCL entered SMCL administration; or
(b)
(b) all the elements necessary to establish the cause of action exist at that date except for actionable damage.
(3) For the purposes of references in any provision of the 1986 Act, section 154 to 171 of and Schedules 20 and 21 to the 2004 Act, the 2018 Act or these Rules, to a debt or liability, it is immaterial whether the debt or liability is present or future, whether it is certain or contingent, or whether its amount is fixed or liquidated, or is capable of being ascertained by fixed rules or as a matter of opinion; and references in any such provision to owing a debt are to be read accordingly.
(4) In any provision of the 1986 Act, section 154 to 171 of and Schedule 20 and 21 to the 2004 Act, or these Rules, except in so far as the context otherwise requires, “liability” means (subject to paragraph (2) above) a liability to pay money or money’s worth, including any liability under an enactment, any liability for breach of trust, any liability in contract, tort or bailment, and any liability arising out of an obligation to make restitution.
Application
4.—(1) These Rules apply in relation to an SMCL—
(a)
(a) which the courts in England and Wales have jurisdiction to wind up; and
(b)
(b) where SMCL administration proceedings are commenced on or after the date on which these Rules come into force.
(2) Nothing contained in the Insolvency Rules applies to SMCL administration proceedings commenced on or after the date on which these Rules come into force.
PART 2
Appointment of SMCL administrator by court
Form of application
5.—(1) An application for an SMCL administration order must—
(a)
(a) be headed “Smart meter communication licensee administration application”;
(b)
(b) include immediately below the heading, the full name, registered address, registered number and any other trading names of the SMCL; and
(c)
(c) state by whom it is made and the applicant’s address for service.
(2) Where it is made by GEMA, the application must contain a statement that it is made with the consent of the Secretary of State.
(3) The application must contain a statement—
(a)
(a) of the nominal capital of the SMCL, the number of shares into which the capital is divided and the nominal value of each share;
(b)
(b) of the amount of capital paid up or treated as paid up of the SMCL;
(c)
(c) of the name and address of the proposed SMCL...
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