PART 9Prescribed Part
Application under section 176A(5) of the 1986 Act to disapply section 176A of the 1986 Act
59. An application under section 176A(5) of the 1986 Act shall include averments as to–
(a)the fact that the application arises in the course of an energy administration;
(b)the financial position of the protected energy company;
(c)the basis of the energy administrator’s view that the cost of making a distribution to unsecured creditors would be disproportionate to the benefits; and
(d)whether any other insolvency practitioner is acting in relation to the protected energy company and, if so, his address.
Notice of order under section 176A(5) of the 1986 Act
60.—(1) Where the court makes an order under section 176A(5) of the 1986 Act the energy administrator shall, as soon as reasonably practicable after the making of the order–
(a)send to the protected energy company a copy of the order certified by the clerk of court;
(b)send to the registrar of companies a copy of the order together with Form EA24(S); and
(c)give notice of the order to each creditor of whose claim and address he is aware.
(2) The court may direct that the requirement of paragraph (1)(c) of this Rule be met by the publication of a notice in a newspaper calculated to come to the attention of the unsecured creditors stating that the court has made an order disapplying the requirement to set aside the prescribed part.