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In forceAmended2020 Revised Edition

Part 4 · Special Administration Order

28. Special administration order

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Amended

Last amended by an amending law of 2021. 2 amendments in all.

(1)

A special administration order is an order of the Minister made in accordance with section 29 in relation to an electricity licensee directing that, during the period for which the order is in force, all or any of the affairs, business and property of that electricity licensee is to be managed directly or indirectly by the Authority —

(a)

for securing one or more of the purposes of such an order set out in subsection (2); and

(b)

in a manner which protects the respective interests of the shareholders and creditors of that electricity licensee.

(2)

The purposes referred to in subsection (1)(a) are —

(a)

the security and reliability of the supply of electricity to the public;

(b)

the survival of the electricity licensee, or the whole or part of its business for which it is authorised by its licence to carry on, as a going concern;

(c)

the transfer to another company, or (as respects different parts of the area to which the electricity licensee’s licence relates, or different parts of its business or undertaking) to 2 or more different companies, as a going concern, of such of the electricity licensee’s undertakings as it is necessary to transfer in order to ensure that the functions and duties which have been vested in the electricity licensee by virtue of its licence may be properly carried out; or

(d)

the carrying out of the functions and duties which have been vested in the electricity licensee pending the making of the transfer and the vesting of those functions and duties in other company or companies.

(3)

The Minister may make regulations —

(a)

for giving effect to this section and section 29, including regulations governing the transfer of the electricity licensee’s business or undertaking referred to in subsection (2)(c); and (b)where a special administration order is made, for applying, omitting or modifying the provisions of Parts 7 and 9 of the Insolvency, Restructuring and Dissolution Act 2018.

Report

Part 4A

Control of Electricity Licensees and Entities with Interests in Transmission Systems

Part 5

Matters Relating to Electricity Licensees

Part 5A

Electricity Rationing

Part 5B

Matters Relating to Generation Entities

Part 6

Wholesale Electricity Market

Part 7

Competition

Part 8

Appeal Panel

Part 9

Electrical and Supply Installations, Cable Detection Work and Electrical Workers

Part 10

Offences

Part 11

Miscellaneous