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The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020

Type Statutory-Instrument

Publication 2020-06-19

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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(1) In SMCL administration proceedings, anything to be done by, to or before the court may be done by, to or before a High Court Judge, Insolvency and Companies Court Judge or district judge of the High Court.

(2) The Insolvency and Companies Court Judge or district judge of the High Court may authorise any act of a formal or administrative character which is not by statute that person’s responsibility to be carried out by the chief clerk or any other officer of the court acting on that person’s behalf, in accordance with directions given by the Lord Chancellor.

(3) The hearing of an application must be in open court unless the court directs otherwise.

Rights of audience

136

Rights of audience in SMCL administration proceedings are the same as in insolvency proceedings.

Formal defects

137

No SMCL administration proceedings are to be invalidated by any formal defect or any irregularity, unless the court before which objection is made considers that substantial injustice has been caused by the defect or irregularity, and that the injustice cannot be remedied by any order of the court.

Shorthand writers

138

(1) The court may in writing nominate a person to be official shorthand writer to the court.

(2) The court may, at any time in the course of SMCL administration proceedings, appoint a shorthand writer to take down evidence of a person examined under section 236 of the 1986 Act.

(3) The remuneration of a shorthand writer appointed in SMCL administration proceedings must be paid by the party at whose instance the appointment was made, or out of the assets of the SMCL or otherwise, as the court may direct.

(4) Any question arising as to the rates of remuneration payable under this Rule must be determined by the court.

Payment into court

139

CPR Part 37[^f00049] (miscellaneous provisions about payment into court) applies to money lodged in court under these Rules.

Further information and disclosure

140

(1) A party to SMCL administration proceedings may apply to the court for an order—

(a) that in accordance with CPR Part 18[^f00050] (further information) another party—

(i) clarify a matter that is in dispute in the proceedings; or

(ii) give additional information in relation to such a matter; or

(b) for disclosure from any person in accordance with CPR Part 31 (disclosure and inspection of documents)[^f00051], save where Rules 18 or 24 apply.

(2) An application under this Rule may be made without notice to any other party.

Court orders

141

Notwithstanding any requirement in these Rules as to the contents of a court order, the court may make such other order or in such form as the court thinks just.

PART 12 — Proxies and representation

Application and interpretation

142

(1) This Part applies in any case where a proxy is given in relation to a meeting or proceedings under Schedule B1 to the 1986 Act or these Rules, or where a corporation authorises a person to represent it.

(2) References in this Part to “the chair” are to the chair of the meeting for which a specific proxy is given or at which a continuing proxy is exercised.

Specific and continuing proxies

143

(1) A “proxy” is a document made by a creditor, member or contributory which directs or authorises another person (“the proxy-holder”) to act as the representative of the creditor, member or contributory at a meeting or meetings by speaking, voting, abstaining or proposing resolutions.

(2) A proxy may be either—

(a) a specific proxy which relates to a specific meeting; or

(b) a continuing proxy for the SMCL administration proceedings.

(3) A specific proxy must—

(a) direct the proxy-holder how to act at the meeting by giving specific instructions;

(b) authorise the proxy-holder to act at the meeting without specific instructions; or

(4) A proxy is to be treated as a specific proxy for the meeting which is identified in the proxy unless it states that it is a continuing proxy for the SMCL administration proceedings.

(5) A continuing proxy must authorise the proxy-holder to attend, speak, vote or abstain, or to propose resolutions without giving the proxy-holder any specific instructions how to do so.

(6) A continuing proxy may be superseded by a proxy for a specific meeting or withdrawn by notice delivered to the SMCL administrator.

(7) A creditor, member or contributory may appoint more than one person to be proxy-holder but if so—

(a) their appointment is as alternates; and

(b) only one of them may act as proxy-holder at a meeting.

(8) The proxy-holder must be an individual.

Blank proxy

144

(1) A “blank proxy” is a document which—

(a) complies with the requirements in this Rule; and

(b) when completed with the details specified in paragraph (3) will be a proxy as described in Rule 143.

(2) A blank proxy must state that the creditor, member or contributory named in the document (when completed) appoints a person who is named or identified as the proxy-holder of the creditor, member or contributory.

(3) The specified details are—

(a) the name and address of the creditor, member or contributory;

(b) either the name of the proxy-holder or the identification of the proxy-holder (e.g. the chair of the meeting);

(i) for a specific meeting which is identified in the proxy; or

(ii) a continuing proxy for the proceedings; and

(d) if the proxy is for a specific meeting, instructions as to the extent to which the proxy-holder is directed to vote in a particular way, to abstain or to propose any resolution.

(4) When it is delivered to the creditor, member or contributory, a blank proxy must not already have inserted in it the name or description of any person as proxy-holder or instructions as to how a person appointed as proxy-holder is to act.

(5) A blank proxy must have a note to the effect that the proxy may be completed with the name of the person or the chair of the meeting who is to be proxy-holder.

Use of proxies

145

(1) A proxy for a specific meeting must be delivered to the chair before the meeting.

(2) A continuing proxy must be delivered to the SMCL administrator and may be exercised at any meeting which begins after the proxy is delivered.

(3) A proxy may be used at the resumption of the meeting after an adjournment, but if a different proxy is given for use at a resumed meeting, that proxy must be delivered to the chair before the start of the resumed meeting.

(4) Where a specific proxy directs a proxy-holder to vote for or against a resolution for the appointment of a person other than the SMCL administrator as proposed liquidator of the SMCL, the proxy-holder may, unless the proxy states otherwise, vote for or against (as the proxy-holder thinks fit) a resolution for the nomination or appointment of that person jointly with another or others.

(5) A proxy-holder may propose a resolution which is one on which the proxy-holder could vote if someone else proposed it.

(6) Where a proxy gives specific directions as to voting, this does not, unless the proxy states otherwise, prohibit the proxy-holder from exercising discretion how to vote on a resolution which is not dealt with by the proxy.

(7) The chair may require a proxy used at a meeting to be the same as or substantially similar to the blank proxy delivered for that meeting or to a blank proxy previously delivered which has been completed as a continuing proxy.

Use of proxies by the chair

146

(1) Where a proxy appoints the chair (however described in the proxy) as proxy-holder the chair may not refuse to be the proxy-holder.

(2) Where the SMCL administrator is appointed as proxy-holder but another person acts as chair of the meeting, that other person may use the proxies as if that person were the proxy-holder.

(3) Where the chair holds a proxy which includes a requirement to vote for a particular resolution and no other person proposes that resolution—

(a) the chair must propose it unless the chair considers that there is good reason for not doing so; and

(b) if the chair does not propose it, the chair must as soon as reasonably practicable after the meeting deliver a notice of the reason why that was not done to the person making the proxy.

Right of inspection and retention of proxies

147

(1) A person attending a meeting is entitled, immediately before or in the course of the meeting, to inspect proxies and associated documents delivered to the chair or to any other person in accordance with the notice convening the meeting.

(2) The chair must—

(a) retain the proxies used for voting at a meeting where the chair is the SMCL administrator; or

(b) deliver them as soon as reasonably practicable after the meeting to the SMCL administrator.

(3) The SMCL administrator must allow proxies so long as they remain in the SMCL administrator’s hands to be inspected at all reasonable times on any business day by—

(a) a creditor, in the case of proxies used at a meeting of creditors;

(b) a member of the SMCL or a contributory, in the case of proxies used at a meeting of the SMCL, or a meeting of contributories; or

(4) A creditor in paragraph (3)(a) is a person who has delivered a proof in the proceedings, but does not include a person whose claim has been wholly rejected.

(5) However the right of inspection is subject to Rule 189 (confidentiality of documents- grounds for refusing inspection).

Proxy-holder with financial interest

148

(1) A proxy-holder must not vote for a resolution which would—

(a) directly or indirectly place the proxy-holder or any associate of the proxy-holder in a position to receive any remuneration, fees or expenses from the assets of the SMCL; or

(b) fix or change the amount of or the basis of any remuneration, fees or expenses receivable by the proxy-holder or any associate of the proxy-holder out of the assets of the SMCL.

(2) However a proxy-holder may vote for such a resolution if the proxy specifically directs the proxy-holder to vote in that way.

(3) Where an SMCL administrator is appointed as proxy-holder and that proxy is used under Rule 146(2) by another person acting as chair, the SMCL administrator is deemed to be an associate of the person acting as chair.

Instrument conferring authorisation to represent corporation

149

(1) A person authorised to represent a corporation (other than as a proxy-holder) at a meeting of creditors or contributories must produce to the chair—

(a) the instrument conferring the authority; or

(b) a copy of it certified as a true copy by—

(i) two directors;

(ii) a director and the secretary, or

(iii) a director in the presence of a witness who attests the director’s signature.

(2) The instrument conferring the authority must have been executed in accordance with section 44(1) to (3) of the Companies Act 2006 unless the instrument is the constitution of the corporation.

PART 13 — Examination of persons in SMCL administration proceedings

Preliminary

150

(1) The Rules in this Part apply to applications to the court, made by the SMCL administrator, for an order under section 236 of the 1986 Act (inquiry into company’s dealings).

(2) In this Part, the following definitions apply—

(a) the person in respect of whom an order is applied for is “the respondent”; and

(b) “section 236” means section 236 of the 1986 Act.

Contents of application

151

(1) The application must state—

(a) the grounds on which it is made;

(b) the name of the respondent; and

(i) for the respondent to appear before the court;

(ii) for the respondent to clarify any matter which is in dispute in the proceedings or to give additional information in relation to any such matter (if so CPR Part 18 (further information) applies to any such order);

(iii) for the respondent to submit witness statements (if so, particulars must be given of the matters to be included); or

(iv) for the respondent to produce books, papers or other records (if so, the items in question must be specified).

(2) The application may be made without notice to the respondent or any other party.

Order for examination, etc.

152

(1) The court may, whatever the order sought in the application, make any order which it has power to make under section 236.

(2) The court, if it orders the respondent to appear before it, must specify a venue for the respondent’s appearance, which must be not less than 14 days from the date of the order.

(3) If the respondent is ordered to file with the court a witness statement, the order must specify—

(a) the matters which are to be dealt with in the respondent’s witness statement; and

(b) the time within which it is to be delivered.

(4) If the order is to produce books, papers or other records, the time and manner of compliance must be specified.

(5) The order must be served by the SMCL administrator as soon as reasonably practicable on the respondent, and it must be served personally, unless the court otherwise orders.

Procedure for examination

153

(1) At any examination of the respondent, the SMCL administrator may attend in person, or be represented by an appropriately qualified legal representative, and may put such questions to the respondent as the court may allow.

(2) Any creditor who has provided information on which the application was made under section 236 may attend the examination with the permission of the court and may put questions to the respondent (but only through the SMCL administrator).

(3) If the respondent is ordered to clarify any matter or to give additional information, the court must direct the respondent as to the questions which the respondent is required to answer, and as to whether the respondent’s answers (if any) are to be made in a witness statement.

(4) The respondent may at the respondent’s own expense employ an appropriately qualified legal representative who may—

(a) put to the respondent such questions as the court may allow for the purpose of enabling the respondent to explain or qualify any answers given by the respondent; and

(b) make representations on the respondent’s behalf.

(5) There must be made in writing such record of the examination as the court thinks proper and such record must be read either to or by the respondent and authenticated by the respondent at a venue fixed by the court.

(6) The written record may, in any proceedings (whether under the 1986 Act or otherwise) be used as evidence against the respondent of any statement made by the respondent in the course of the respondent’s examination.

Record of examination

154

(1) Unless the court otherwise directs, the record of questions put to the respondent, the respondent’s answers, and any witness statement delivered to the court by the respondent in compliance with an order of the court under section 236 are not to be filed with the court.

(2) The documents listed in paragraph (3) are not open to inspection without the permission of the court, except by the SMCL administrator.

(3) The documents are—

(a) the written record of the respondent’s examination;

(b) copies of questions put to the respondent or proposed to be put to the respondent and answers to questions given by the respondent;

(d) any document on the court file that shows the grounds for the application for the order.

(4) The court may from time to time give directions as to the custody and inspection of any documents to which this Rule applies, and as to the provision of copies of, or extracts from, such documents.

Cost of proceedings under section 236

155

(1) Where the court has ordered an examination of a person under section 236, and it appears to it that the examination was made necessary because information had been unjustifiably refused by the respondent, it may order that the costs of the examination be paid by the respondent.

(2) Where the court makes an order against a person under section 237(1) or (2) of the 1986 Act (court’s enforcement powers under section 236), the costs of the application for the order may be ordered by the court to be paid by the respondent.

(3) Subject to paragraphs (1) and (2), the SMCL administrator’s costs must, unless the court otherwise orders, be paid out of the assets of the SMCL.

(4) A person summoned to attend for examination under this Part must be tendered a reasonable sum for travelling expenses incurred in connection with that person’s attendance but any other costs falling on that person are at the court’s discretion.

PART 14 — Provisions of general effect

CHAPTER 1 — Delivery of documents

Application of Chapter

156

(1) Subject to paragraph (2), this Chapter applies where a document is required under the 1986 Act or these Rules to be delivered, filed, forwarded, furnished, given, sent or submitted by any person unless the 1986 Act, a Rule or an order of the court makes different provision including one requiring service of the document.

(2) This Chapter does not apply to the delivery of documents to the registrar of companies.

Personal delivery of documents

157

A document is delivered if it is personally delivered in accordance with the rules for personal service in CPR Part 6[^f00052].

Postal delivery of documents

158

A document is delivered if it is sent by post in accordance with the rules for postal service in CPR Part 6 and sending by such means has effect as specified in those rules.

Delivery of documents to authorised recipients

159

Where under the 1986 Act or these Rules a document is to be delivered to a person, it may be delivered instead to any other person authorised in writing to accept delivery on behalf of the first-mentioned person.

Delivery of documents to joint SMCL administrators

160

Delivery of a document to one of joint SMCL administrators is to be treated as delivery to them all.

Electronic delivery of documents

161

(1) A document is delivered if it is sent by electronic means and the following conditions apply.

(2) The conditions are that the intended recipient of the document has—

(a) given actual or deemed consent for the electronic delivery of the document;

(b) not revoked that consent before the document is sent; and

(3) Consent may relate to a specific case or generally.

(4) For the purposes of paragraph (2)(a) an intended recipient is deemed to have consented to the electronic delivery of a document by the SMCL administrator where the intended recipient and the SMCL had customarily communicated with each other by electronic means before the proceedings commenced.

(5) Unless the contrary is shown, a document is to be treated as delivered by electronic means to an electronic address where the sender can produce a copy of the electronic communication which—

(a) contains the document; and

(b) shows the time and date the communication was sent and the electronic address to which it was sent.

(6) Unless the contrary is shown, a document sent electronically is treated as delivered to the electronic address to which it is sent at 9.00 am on the next business day after it was sent.

Electronic delivery of documents to the court

162

(1) A document may not be delivered to a court by electronic means unless this is expressly permitted by the CPR, a practice direction, or these Rules.

(2) A document delivered by electronic means is to be treated as delivered to the court at the time it is recorded by the court as having been received or otherwise as the CPR, a practice direction or these Rules provide.

Electronic delivery of notices to enforcement officers

163

Where anything in the 1986 Act or these Rules provides for the delivery of a notice to an enforcement officer or enforcement agent, it may be delivered by electronic means to a person who has been authorised to receive such a notice on behalf of a specified enforcement officer or enforcement agent or on behalf of enforcement officers or enforcement agents generally.

Electronic delivery by SMCL administrators

164

(1) Where an SMCL administrator delivers a document by electronic means, the document must contain, or be accompanied by, a statement that the recipient may request a hard copy of the document and a telephone number, email address and postal address that may be used to make that request.

(2) An SMCL administrator who receives such a request must deliver a hard copy of the document to the recipient free of charge within five business days of receipt of the request.

Use of website by SMCL administrator to deliver a particular document

165

(1) This Rule applies for the purposes of section 246B of the 1986 Act[^f00053].

(2) An SMCL administrator who is required to deliver a document to any person may (except where personal delivery is required) satisfy that requirement by delivering a notice to that person which contains—

(a) a statement that the document is available for viewing and downloading on a website;

(b) the website’s address and any password necessary to view and download the document; and

(c) a statement that the person to whom the notice is delivered may request a hard copy of the document with a telephone number, email address and postal address which may be used to make that request.

(3) An SMCL administrator who receives such a request must deliver a hard copy of the document to the recipient free of charge within five business days of receipt of the request.

(4) A document to which a notice under paragraph (2) relates must—

(a) remain available on the website until two months after the end of the SMCL administration proceedings or the discharge of the last person to hold office as SMCL administrator in those proceedings; and

(b) be in a format that enables it to be downloaded within a reasonable time of an electronic request being made for it to be downloaded.

(5) A document which is delivered to a person by means of a website in accordance with this Rule is deemed to have been delivered—

(a) when the document is first made available on the website; or

(b) when the notice under paragraph (2) is delivered to that person, if that is later.

General use of website to deliver documents

166

(1) An SMCL administrator may deliver a notice to each person to whom a document will be required to be delivered in the SMCL administration proceedings which contains—

(a) a statement that future documents in the proceedings (other than those mentioned in paragraph (2)) will be made available for viewing and downloading on a website without notice to the recipient and that the SMCL administrator will not be obliged to deliver any such documents to the recipient of the notice unless it is requested by that person;

(b) a telephone number, email address and postal address which may be used to make a request for a hard copy of a document;

(i) all documents currently available for viewing on the website;

(ii) all future documents which may be made available there; and

(d) the address of the website, and any password required to view and download a relevant document from that site.

(2) A statement under paragraph (1)(a) does not apply to the following documents—

(a) a document for which personal delivery is required;

(b) a notice under Rule 73; and

(3) A document is delivered generally if it is delivered to some or all of the following classes of persons—

(a) members;

(b) contributories;

(d) any class of members, contributories or creditors.

(4) An SMCL administrator who has delivered a notice under paragraph (1) is under no obligation—

(a) to notify a person to whom the notice has been delivered when a document to which the notice applies has been made available on the website; or

(b) to deliver a hard copy of such a document unless a request is received under paragraph (1)(c).

(5) An SMCL administrator who receives such a request—

(a) in respect of a document which is already available on the website must deliver a hard copy of the document to the recipient free of charge within five business days of receipt of the request; and

(b) in respect of all future documents must deliver each such document in accordance with the requirements for delivery of such a document in the 1986 Act and these Rules.

(6) A document to which a statement under paragraph (1)(a) applies must—

(a) remain available on the website until two months after the end of the SMCL administration proceedings or the discharge of the last person to hold office as SMCL administrator in those proceedings; and

(b) must be in such a format as to enable it to be downloaded within a reasonable time of an electronic request being made for it to be downloaded.

(7) A document which is delivered to a person by means of a website in accordance with this Rule, is deemed to have been delivered—

(a) when the relevant document was first made available on the website; or

(b) if later, when the notice under paragraph (1) was delivered to that person.

(8) Paragraph (7) does not apply in respect of a person who has made a request under paragraph (1)(c)(ii) for hard copies of all future documents.

Proof of delivery of documents

167

(1) A certificate complying with this Rule is proof that a document has been duly delivered to the recipient in accordance with this Chapter unless the contrary is shown.

(2) A certificate must state the method of delivery and the date of the sending, posting or delivery (as the case may be).

(3) In the case of the SMCL administrator, the certificate must be given by—

(a) the SMCL administrator;

(b) the SMCL administrator’s solicitor; or

(4) In the case of a person other than the SMCL administrator, the certificate must be given by that person and must state—

(a) that the document was delivered by that person; or

(b) that another person (named in the certificate) was instructed to deliver it.

(5) A certificate under this Rule may be endorsed on a copy of the document to which it relates.

CHAPTER 2 — Form and content of documents

Requirement for writing and form of documents

168

(1) A notice or statement must be in writing unless the 1986 Act or these Rules provide otherwise.

(2) A document in electronic form must be capable of being—

(a) read by the recipient in electronic form; and

(b) reproduced by the recipient in hard copy form.

Authentication

169

(1) A document in hard copy form is sufficiently authenticated if it is signed by the person sending or supplying it.

(2) A document in electronic form is sufficiently authenticated—

(a) if the identity of the sender is confirmed in a manner specified by the recipient; or

(b) where no such manner has been specified by the recipient, if the communication contains or is accompanied by a statement of the identity of the sender and the recipient has no reason to doubt the truth of that statement.

CHAPTER 3 — Service of documents

Application

170

(1) This Chapter sets out the requirements for service where a document is required to be served.

(2) Service is to be carried out in accordance with CPR Part 6 as that Part applies to either a “claim form” or a “document other than the claim form” except where this Chapter provides otherwise or the court otherwise directs.

(3) If for any reason it is impracticable to effect service as provided for in paragraph (2) then service may be effected in such other manner as the court may direct.

(4) For the purposes of the application by this Chapter of CPR Part 6—

(a) the following documents are to be treated as a “claim form”—

(i) an application commencing SMCL administration proceedings;

(ii) an application within SMCL administration proceedings against a respondent; and

(b) any other document is to be treated as a “document other than the claim form”.

(5) CPR Part 6 applies to the service of documents outside the jurisdiction with such modifications as the court may direct.

Service of SMCL administration application

171

(1) An application to the court for an SMCL administration order must be served by delivering the documents as follows—

(a) on the SMCL at its registered office;

(b) on any other person at that person’s proper address.

(2) A person’s proper address is any which that person has previously notified as the address for service, but if the person has not notified such an address then the documents may be served at that person’s usual or last known address.

Service on joint SMCL administrators

172

Service of a document on one of joint SMCL administrators is to be treated as service on all of them.

Service of orders staying proceedings

173

(1) This Rule applies where the court makes an order staying an action, execution or other legal process against the property of the SMCL.

(2) The applicant must serve the order.

(3) The order may be served within the jurisdiction by serving a sealed copy at the address for service of—

(a) the claimant; or

(b) another party having the carriage of the proceedings to be stayed.

Certificate of service

174

(1) The service of an application must be verified by a certificate of service.

(2) The certificate of service must—

(a) identify the application;

(b) specify—

(i) the name and registered number of the SMCL;

(ii) the address of the registered office of the SMCL;

(iii) the name of the applicant;

(iv) the court in which the application was made and the court reference number;

(v) the date of the application;

(vi) whether the copy served was a sealed copy;

(vii) the person served; and

(viii) the manner of service and the date of service; and

(3) Where the court has directed that service be effected in a particular manner, the certificate must be accompanied by a sealed copy of the order directing such manner of service.

CHAPTER 4 — Gazette notices

Contents of notices to be gazetted under the 1986 Act or these Rules

175

(1) Where under the 1986 Act or these Rules a notice is gazetted, in addition to any content specifically required by the 1986 Act or any other provision of these Rules, the content of such a notice must be as set out in this Chapter.

(2) All notices must specify insofar as it is applicable in relation to the particular notice—

(a) the name and postal address of the SMCL administrator;

(b) the capacity in which the SMCL administrator is acting and the date of appointment;

(d) the name of any person other than the SMCL administrator (if any) who may be contacted regarding the proceedings;

(e) the SMCL administrator’s IP number;

(f) the court name and any number assigned to the proceedings by the court;

(g) the registered name of the SMCL;

(h) the SMCL’s registered number;

(i) the SMCL’s registered office;

(j) any principal trading address of the SMCL if this is different from its registered office;

(k) any name under which the SMCL was registered in the 12 months before the date on which the SMCL entered SMCL administration; and

(l) any name or style (other than the SMCL’s registered name) under which—

(i) the SMCL carried on business; and

(ii) any debt owed to a creditor was incurred.

Omission of unobtainable information

176

Information required under this Chapter to be included in a notice to be gazetted may be omitted if it is not reasonably practicable to obtain it.

The Gazette – general

177

(1) A copy of the Gazette containing any notice required by the 1986 Act or these Rules to be gazetted is evidence of any facts stated in the notice.

(2) Where the 1986 Act or these Rules require an order of the court to be gazetted, a copy of the Gazette containing the notice may be produced in any proceedings as conclusive evidence that the order was made on the date specified in the notice.

(3) Where an order of the court which is gazetted has been varied, or any matter has been erroneously or inaccurately gazetted, the person whose responsibility it was to gazette the order or other matter must as soon as is reasonably practicable cause the variation to be gazetted or a further entry to be made in the Gazette for the purpose of correcting the error or inaccuracy.

CHAPTER 5 — Notices advertised otherwise than in the Gazette

Notices otherwise advertised under the 1986 Act or these Rules

178

(1) Where under the 1986 Act or these Rules a notice may be advertised otherwise than in the Gazette, in addition to any content specifically required by the 1986 Act or any other provision of these Rules, the content of such a notice must be as set out in this Chapter.

(2) All notices must specify insofar as it is applicable in relation to the particular notice—

(a) the name and postal address of the SMCL administrator;

(b) the capacity in which the SMCL administrator is acting;

(d) the registered name of the SMCL;

(e) the SMCL’s registered number;

(f) any name under which the SMCL was registered in the 12 months before the date on which the SMCL entered SMCL administration; and

(g) any name or style (other than the SMCL’s registered name) under which—

(i) the SMCL carried on business; and

(ii) any debt owed to a creditor was incurred.

Non-Gazette notices – other provisions

179

(1) Information which this Chapter requires to be specified in a notice must be included in an advertisement of that notice in a way that is clear and comprehensible.

(2) Information required under this Chapter to be included in a notice may be omitted if it is not reasonably practicable to obtain it.

CHAPTER 6 — Documents delivered to the registrar of companies

Application of this Chapter

180

Where under the 1986 Act or these Rules a document is to be delivered to the registrar of companies, in addition to any content specifically required by the 1986 Act or any other provision of these Rules, the document must contain the contents set out in this Chapter.

Information to be contained in all documents delivered to the registrar

181

A document to be delivered to the registrar of companies must—

(a) specify—

(i) the registered name of the SMCL;

(ii) its registered number;

(iii) the nature of the document;

(iv) the provision of the 1986 Act or the Rule under which the document is delivered;

(v) the date of the document;

(vi) the name and postal address of the person delivering the document; and

(vii) the capacity in which that person is acting in respect of the SMCL; and

(b) be authenticated by the person delivering the document.

Documents relating to the office of SMCL administrators

182

A document relating to the office of the SMCL administrator must also specify—

(a) the name of the SMCL administrator;

(b) the date of the event of which notice is delivered or of the notice (as applicable);

(d) where the document relates to the termination of an appointment, the reason for that termination; and

(e) the postal address of the SMCL administrator.

Documents relating to other documents

183

A document relating to another document must also specify—

(a) the nature of the other document;

(b) the date of the other document; and

Documents relating to court orders

184

A document relating to a court order must also specify—

(a) the nature of the court order; and

(b) the date of the order.

Reports of meetings

185

A document relating to a report of a meeting must also specify—

(a) the purpose of the meeting, including the provision of the 1986 Act or the Rule under which it was convened;

(b) the venue fixed for the meeting;

(d) if the meeting took place, the outcome of the meeting (including any resolutions passed at the meeting).

Documents relating to other events

186

A document relating to any other event must also specify—

(a) the nature of the event, including the provision of the 1986 Act or the Rule under which it took place; and

(b) the date on which the event occurred.

Documents of more than one type

187

A document of more than one type must satisfy the requirements which apply to each.

Documents delivered to other persons at the same time

188

(1) Where under the 1986 Act or these Rules a document is to be delivered to another person at the same time that it is to be delivered to the registrar of companies, that requirement may be satisfied by delivering to that other person a copy of the document delivered to the registrar.

(2) Paragraph (1) does not apply where the document delivered to the registrar of companies is incomplete.

CHAPTER 7 — Inspection of documents and the provision of information

Confidentiality of documents – grounds for refusing inspection

189

(1) Where in SMCL administration proceedings the SMCL administrator considers that a document forming part of the records of those proceedings—

(a) should be treated as confidential; or

(b) is of such a nature that its disclosure would be prejudicial to the conduct of the proceedings or might reasonably be expected to lead to violence against any person,

the SMCL administrator may decline to allow it to be inspected by a person who would otherwise be entitled to inspect it.

(2) Where under this Rule the SMCL administrator determines to refuse inspection of a document, the person wishing to inspect it may apply to the court for that determination to be overruled and the court may either overrule it altogether or sustain it subject to such conditions (if any) as it thinks just.

Right to copies of documents

190

Where the 1986 Act or these Rules give a person the right to inspect documents, that person has a right to be supplied on request with copies of those documents, on payment—

(a) in the case of documents on the court file, of the fee chargeable under any order made under section 92 of the Courts Act 2003; and

(b) in any other case, of the appropriate fee.

Charges for copies of documents

191

Except where prohibited by these Rules, the SMCL administrator is entitled to require the payment of the appropriate fee for copies of documents requested by a creditor, member or contributory.

Right to list of creditors

192

(1) A creditor has the right to require the SMCL administrator to provide a list of the names and addresses of the creditors and the amounts of their respective debts unless paragraph (4) applies.

(2) The SMCL administrator on being required to provide the list under paragraph (1)—

(a) must deliver it to the person requiring the list as soon as reasonably practicable; and

(b) may charge the appropriate fee for a hard copy.

(3) The name and address of any creditor may be omitted from the list provided under paragraph (2) where the SMCL administrator is of the view that its disclosure would be prejudicial to the conduct of the proceedings or might reasonably be expected to lead to violence against any person provided that—

(a) the amount of the debt in question is shown in the list; and

(b) a statement is included in the list that the name and address of the creditor has been omitted in respect of that debt.

(4) Paragraph (1) does not apply where a statement of affairs has been delivered to the registrar of companies.

CHAPTER 8 — Time

Calculation of time periods

193

(1) The provisions of CPR rule 2.8[^f00054] (time), with the exception of paragraph (4) of that rule, apply for the calculation of periods expressed in days in the relevant legislation and these Rules.

(2) The calculation of the beginning and end of a period expressed in months is to be determined as follows—

(a) if the beginning of the period is specified—

(i) the month in which the period ends is the specified number of months after the month in which it begins; and

(ii) the date in the month on which the period ends is—

(aa) the day before the date corresponding to the date in the month on which it begins; or

(bb) if there is no such date in the month on which it ends, the last day of that month;

(b) if the end of the period is specified—

(i) the month in which the period begins is the specified number of months before the month in which it ends; and

(ii) the date in the month on which the period begins is—

(aa) the day after the date corresponding to the date in the month on which it ends; or

(bb) if there is no such date in the month in which it begins, the last day of that month.

(3) The provisions of CPR rule 3.1(2)(a) (the court’s general powers of management) apply so as to enable the court to extend or shorten the time for compliance with anything required or authorised to be done by these Rules.

(4) Paragraph (3) is subject to any time limits expressly stated in the relevant legislation and to any specific powers in the relevant legislation or these Rules to extend or shorten the time for compliance.

(5) In this Rule, “relevant legislation” means—

(a) the 1986 Act;

(b) section 154 to 171 of, and Schedule 20 and 21 to, the 2004 Act.

PART 15 — Miscellaneous

Power of Secretary of State to regulate certain matters

194

(1) The Secretary of State may, subject to the 1986 Act, the 2004 Act, the 2018 Act and these Rules, make regulations with respect to any matter provided for in these Rules as relates to the carrying out of the functions of an SMCL administrator including, without prejudice to the generality of the foregoing provision, with respect to the following matters arising in an SMCL administration—

(a) the preparation and keeping of books, accounts and other records, and their production to such persons as may be authorised or required to inspect them;

(b) the auditing of an SMCL administrator’s accounts;

(c) the manner in which an SMCL administrator is to act in relation to the SMCL’s books, papers and other records, and the manner of their disposal by the SMCL administrator and others; and

(d) the supply by the SMCL administrator to creditors and members of the SMCL of copies of documents relating to the SMCL administration and the affairs of the SMCL (on payment, in such cases as may be specified by the regulations, of the specified fee).

(2) Regulations made pursuant to paragraph (1) may—

(a) confer discretion on the court;

(b) make non-compliance with any of the regulations a criminal offence;

(d) contain such incidental, supplemental and transitional provisions as may appear to the Secretary of State necessary or expedient.

False claim of status as creditor, etc.

195

Where these Rules provide for creditors, members or contributories of an SMCL a right to inspect any documents, whether on the court file or in the hands of an SMCL administrator or other person, it is an offence for a person, with the intention of gaining sight of documents which the person has not under these Rules any right to inspect, falsely to claim a status which would entitle the person to inspect them.

Punishment of offences

196

(1) The Schedule to these Rules has effect with respect to the way in which contraventions of these Rules are punishable on conviction.

(2) In relation to an offence under a provision of the Rules specified in the first column of the Schedule (the general nature of the offence being described in the second column), the third column shows whether the offence is punishable on conviction on indictment, or on summary conviction, or either in the one way or the other.

(3) The fourth column shows, in relation to an offence, the maximum punishment by way of fine or imprisonment which may be imposed on a person convicted of the offence in the way specified in relation to it in the third column (that is to say, on indictment or summarily), a reference to a period of years or months being to a term of imprisonment of that duration.

(4) The fifth column shows (in relation to an offence for which there is an entry in that column) that a person convicted of the offence after continued contravention is liable to a daily default fine; that is to say, the person is liable on a second or subsequent conviction of the offence to the fine specified in that column for each day on which the contravention is continued (instead of the penalty specified for the offence in the fourth column of the Schedule).

(5) Section 431 of the 1986 Act (summary proceedings), as it applies to England and Wales, has effect in relation to offences under these Rules as to offences under the 1986 Act.

Review

197

(1) Before the end of the review period, the Secretary of State must—

(a) carry out a review of these Rules;

(b) set out the conclusions of the review in a report; and

(2) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Rules;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate, and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(3) “Review period” means the period of five years beginning with the day on which these Rules come into force.

SCHEDULE — Punishment of offences under these Rules

Rule creating offence	General nature of offence	Mode of prosecution	Punishment	Daily default fine (where applicable)
Rule 26(9)	SMCL administrator failing to send report as to progress of SMCL administration	Summary	Level 3 on the standard scale	One tenth of level 3 on the standard scale
Rule 104(2)	Failing to comply with SMCL administrator’s duties on vacating office	Summary	Level 3 on the standard scale	One tenth of level 3 on the standard scale
Rule 195	False representation of status for purpose of inspecting documents	1. On indictment	Two years or a fine or both
Rule 195	False representation of status for purpose of inspecting documents	2. Summary	Six months or a fine or both

Signed

Robert Buckland — Lord Chancellor — 19th June 2020

I concur

Burnett of Maldon — Lord Chief Justice of England and Wales — 16th June 2020

I concur

Callanan — Lords Parliamentary Under Secretary of State — Department for Business, Energy and Industrial Strategy — 21st May 2020

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules set out the procedure for the conduct of smart meter communication licensee administration (“SMCL administration”) proceedings in England and Wales. SMCL administration is a special insolvency regime specifically created for companies acting as a smart meter communication licensee (“SMCL”) in Great Britain.

The framework for the SMCL administration regime is set out in the Smart Meters Act 2018 (c. 14) (the “2018 Act”). The 2018 Act applies (with modifications) much of Chapter 3 of Part 3 of the Energy Act 2004 (c. 20), which provides for a special insolvency regime for energy companies that run and operate gas and electricity networks in Great Britain.

Only SMCLs as defined in section 2(5) of the 2018 Act may enter SMCL administration. These are companies that hold a licence granted under section 7AB of the Gas Act 1986 (c.44) or a licence granted under section 6 of the Electricity Act 1989 (c.29) to provide a smart meter communication service.

The SMCL administration process is commenced by an application to court for a smart meter communication licensee administration order, referred to as an “SMCL administration order” as defined in section 2(1) of the 2018 Act. Such an application can be made by either the Secretary of State or, with the consent of the Secretary of State, by the Gas and Electricity Markets Authority.

An insolvency practitioner appointed to manage the affairs, business and property of the SMCL is defined in section 2(2) of the 2018 Act as an SMCL administrator.

These Rules are applicable only to SMCL administration.

Part 1 of these Rules contains the construction and interpretation provisions.

Part 2 of these Rules sets out the procedure to be followed to initiate SMCL administration proceedings, including the information required for an SMCL administration order application, to whom notice of such an application needs to be delivered and who may appear at a hearing of the SMCL administration application.

Part 3 of these Rules details the initial steps to be taken in SMCL administration proceedings. These include the notification and advertisement of an SMCL administrator’s appointment and the preparation of a statement of the affairs of the SMCL. Part 3 also sets out the information that must be given to creditors in the SMCL administrator’s statement of proposals and the contents of the progress reports to be prepared by the SMCL administrator.

Part 4 of these Rules contains provisions relating to creditors’ and company meetings summoned by the SMCL administrator.

Part 5 of these Rules contains provisions relating to an application to court for authority to dispose of property of the SMCL which is subject to a security (other than a floating charge) or goods in the possession of the SMCL under a hire-purchase agreement.

Part 6 of these Rules contains provisions relating to the expenses of SMCL administration.

Part 7 of these Rules contains provisions relating to claims by and distributions to creditors of the SMCL. In particular, this Part details the procedure to be followed to prove a debt in the SMCL administration proceedings as well as the way in which such debts will be quantified and the steps to be taken where the SMCL administrator makes, or proposes to make, a distribution to creditors.

Part 8 of these Rules contains details of how the remuneration of an SMCL administrator is to be fixed by the court.

Part 9 of these Rules sets out the arrangements for ending an SMCL administration. There are specific provisions detailing the ending of an SMCL administration by court order, as well as the process by which an SMCL administration moves into either a creditors’ voluntary liquidation or dissolution of the SMCL.

Part 10 of these Rules sets out the requirements and procedures for replacing an SMCL administrator. It includes provisions relating to the resignation of an SMCL administrator, the removal of an SMCL administrator from office by court order and the SMCL administrator’s duties on vacating office.

Part 11 of these Rules contains general provisions detailing the court procedure and practice for SMCL administration proceedings. In particular this Part sets out the general requirements for court applications made during an SMCL administration, enforcement procedures, access to the court file, the cost assessment procedure for SMCL administration proceedings, provision for persons who lack capacity to manage their affairs, and the appeals process to be used in SMCL administration proceedings.

Part 12 of these Rules contains provisions for the use of proxies and representatives of corporations at meetings held during an SMCL administration, including the rights of inspection of such proxies and the procedure to be followed where a proxy-holder has a financial interest in the outcome of a resolution to be voted on at the meeting.

Part 13 of these Rules sets out the provision for the examination of persons where an application to court has been made by an SMCL administrator under section 236 of the Insolvency Act 1986 (c. 45). Section 236 of the Insolvency Act 1986 allows an SMCL administrator to apply to court for an order requiring certain persons to appear before the court to be questioned by the SMCL administrator about the company in SMCL administration.

Part 14 of these Rules contains provisions of general effect including provisions relating to the delivery of documents, the form and content of documents, service of documents, standard contents of notices and of documents delivered to the registrar of companies, the inspection and right to copies of documents, and the calculation of time periods.

Part 15 of these Rules contains miscellaneous provisions, including the power of the Secretary of State to regulate certain matters relating to the carrying out of the SMCL administrator’s functions, provisions relating to the punishment of offences and the requirement for a review.

The Schedule to these Rules contains specific details of the punishment of offences under these Rules.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: 1986 c.45, as amended by the Enterprise Act 2002 (c.40) and the Small Business, Enterprise and Employment Act 2015 (c.26). By virtue of S.I. 2017/540, some of the amendments made by the Small Business, Enterprise and Employment Act 2015 do not apply for the purposes of proceedings under the Energy Act 2004 (c.20). Section 411 of the Insolvency Act 1986 was amended by S.I. 2002/1037 and the Constitutional Reform Act 2005 (c.4), Schedule 4, paragraph 188. Section 411(3) was amended by S.I. 2007/2194 and the Banking Act 2009 (c.1), section 160. There are other amending Acts and instruments, but none is relevant.

[^f00002]: 2004 c.20. Section 159(3) was amended by the Energy Act 2011 (c. 16), section 97 and the Smart Meters Act 2018 (c. 14), section 5.

[^f00003]: 2018 c.14.

[^f00004]: Section 413 was amended by the Constitutional Reform Act 2005 (c.4), Schedule 4, paragraph 190; the Crime and Courts Act 2013 (c.22), Schedule 9, paragraph 93 and S.I. 2018/130. There are other amending Acts, but none is relevant.

[^f00005]: 1971 c.80. The Act was amended by the St Andrew’s Day Bank Holiday (Scotland) Act 2007 (asp 2). There are other amending Acts and instruments, but none is relevant.

[^f00006]: Section 79 was amended by S.I. 2009/1941.

[^f00007]: S.I. 1998/3132.

[^f00008]: 1981 c.54. Section 100 was substituted by the Constitutional Reform Act 2005 (c.4), Schedule 3, paragraph 2 and amended by the Tribunals, Courts and Enforcement Act 2007 (c.15), Schedule 11, paragraph 2.

[^f00009]: 2007 c.15.

[^f00010]: 2003 c.39. See Schedule 7 to the Act.

[^f00011]: “court” is defined in section 10 of the Smart Meters Act 2018 (c.14).

[^f00012]: Section 4(1) was amended by the Courts and Legal Services Act 1990 (c.41), section 72; the Access to Justice Act 1999 (c.22), section 69; the Constitutional Reform Act 2005 (c.4), Schedule 4, paragraph 117; and the Crime and Courts Act 2013 (c.22), Schedule 13, paragraph 14.

[^f00013]: Section 89(1) was amended by the Constitutional Reform Act 2005, Schedule 3, paragraph 3 and Schedule 11, paragraph 26.

[^f00014]: S.I. 2016/1024, as amended by S.I. 2017/366, S.I. 2017/702, S.I. 2017/1115 and S.I. 2018/130.

[^f00015]: Section 176A was inserted by the Enterprise Act 2002 (c.40), section 252 and amended by S.I. 2008/948.

[^f00016]: Schedule B1 was inserted by the Enterprise Act 2002 (c.40), Schedule 16 (as amended by S.I. 2003/2096). Rule 2(2) does not apply to references in these Rules to paragraph 14 of Schedule B1 to the 1986 Act because that paragraph has not been modified by Schedule 20 to the 2004 Act.

[^f00017]: “smart meter communication licensee” is defined in section 2(5) of the Smart Meters Act 2018 (c.14).

[^f00018]: “smart meter communication licensee administration order” is defined in section 2(1) of the Smart Meters Act 2018.

[^f00019]: Section 159 of the 2004 Act was amended by the Energy Act 2011 (c.16), section 97 and the Smart Meters Act 2018, section 5. Section 166 of the 2004 Act was amended by the Energy Act 2011, section 93. Schedule 20 to the 2004 Act was amended by S.I. 2008/948; S.I. 2009/1941; the Financial Services Act 2012 (c.21), Schedule 18, paragraph 101; and the Energy Act 2011, section 101. Schedule 21 to the 2004 Act was amended by S.I. 2011/1043.

[^f00020]: “smart meter communication administrator” is defined in section 10 of the Smart Meters Act 2018.

[^f00021]: 2007 c.29.

[^f00022]: Part 22 was amended by S.I.2001/1769, S.I. 2001/4015 and S.I. 2004/3419.

[^f00023]: Section 246A was inserted by S.I. 2010/18. Section 246A was amended by the Small Business, Enterprise and Employment Act 2015 (c.26), Schedule 9, paragraph 54; but those amendments do not apply to proceedings under the Smart Meters Act 2018, as a result of the savings made by S.I. 2017/540.

[^f00024]: Part 32 was amended by S.I. 2000/221, S.I. 2001/256, S.I. 2005/2292, S.I. 2007/2204, S.I. 2009/3390, S.I. 2011/88, S.I. 2012/2208 and S.I. 2013/262.

[^f00025]: “non-GB company” is defined in section 10(2) of the Smart Meters Act 2018.

[^f00026]: 2006 c.46. Section 1043 was amended by S.I. 2017/1212.

[^f00027]: Section 124A was inserted by the Companies Act 1989 (c.40), section 60(3) and was amended by S.I. 2001/3649 and the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c.27), Schedule 2, paragraph 27.

[^f00028]: Section 163(2) of the 2004 Act prevents an appointment from taking effect under paragraph 14 of Schedule B1 to the 1986 Act (appointment of administrator by holder of floating charge) unless the conditions in section 163(3) of the 2004 Act are met.

[^f00029]: Section 235 was amended by the Enterprise Act 2002 (c.40), Schedule 17, paragraph 24.

[^f00030]: Paragraph 49 was amended by S.I. 2008/948. It was also amended by the Small Business, Enterprise and Employment Act 2015 (c.26), Schedule 9, paragraph 10; but those amendments do not apply to proceedings under the Smart Meters Act 2018, as a result of the savings made by S.I. 2017/540.

[^f00031]: Section 231 was amended by the Enterprise Act 2002 (c.40), Schedule 17, paragraph 20 and Schedule 26.

[^f00032]: Paragraph 83 was amended by the Small Business, Enterprise and Employment Act 2015 (c.26), section 128. It was also amended by Schedule 9 to that Act, paragraph 10; but those amendments do not apply to proceedings under the Smart Meters Act 2018, as a result of the savings made by S.I. 2017/540.

[^f00033]: Paragraph 62 was amended by the Small Business, Enterprise and Employment Act 2015 (c.26), Schedule 9, paragraph 10; but those amendments do not apply to proceedings under the Smart Meters Act 2018, as a result of the savings made by S.I. 2017/540.

[^f00034]: Paragraph 99 was amended by the Deregulation Act 2015 (c.20), Schedule 6, paragraph 27.

[^f00035]: Paragraph 13A was inserted into Schedule 8 by the Small Business, Enterprise and Employment Act 2015 (c. 26), section 131.

[^f00036]: 2002 c.29.

[^f00037]: 2000 c.8. Section 382(1) was amended by the Financial Services Act 2012 (c.21), Schedule 9, paragraph 21.

[^f00038]: 1838 c.110. Section 17 was amended by the Civil Procedure Acts Repeal Act 1879 (c.59), Schedule 1, Part 1; the Statute Law Revision (No. 2) Act 1888; S.I. 1993/564 and S.I. 1998/2940.

[^f00039]: Paragraph 79 was amended by the Small Business, Enterprise and Employment Act 2015 (c.26), Schedule 9, paragraph 10; but those amendments do not apply to proceedings under the Smart Meters Act 2018, as a result of the savings made by S.I. 2017/540.

[^f00040]: Section 124 was amended by the Criminal Justice Act 1988 (c.33), section 62(2); the Companies Act 1989 (c.40), section 60(2); the Access to Justice Act 1999 (c.22), Schedule 13, paragraph 133; the Insolvency Act 2000 (c.39), section 1, Schedule 1, paragraphs 1 and 7; S.I. 2002/1240; the Courts Act 2003 (c.39), Schedule 8, paragraph 294; S.I. 2004/2326; the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c.27), section 50(3); S.I. 2006/2078; S.I. 2009/1941 and S.I. 2017/702.

[^f00041]: Paragraph 84 was amended by S.I. 2017/702. It was also amended by the Small Business, Enterprise and Employment Act 2015 (c.26), Schedule 9, paragraph 10; but those amendments do not apply to proceedings under the Smart Meters Act 2018, as a result of the savings made by S.I. 2017/540.

[^f00042]: Section 236 was amended by S.I. 2010/18.

[^f00043]: 2003 c.39. Section 92 was amended by the Constitutional Reform Act 2005 (c.4), Schedule 4, paragraph 345 and Schedule 11, paragraph 4; and the Crime and Courts Act 2013 (c.22), Schedule 9, paragraph 40 and Schedule 10, paragraph 95.

[^f00044]: Parts 44 and 47 were substituted for new Parts 44 and 47 by S.I. 2013/262.

[^f00045]: 2005 c.9.

[^f00046]: 1981 c.54. Section 3 has been amended but no amendments are relevant to this instrument.

[^f00047]: Part 52 was substituted for a new Part 52 by S.I. 2016/788. It was amended by S.I. 2017/95, S.I. 2017/889 and S.I. 2020/82.

[^f00048]: Part 29 was amended by S.I. 2002/2058, S.I. 2005/2292, S.I. 2013/262 and S.I. 2013/1974.

[^f00049]: Part 37 was amended by S.I. 2006/3435 and S.I. 2014/3299.

[^f00050]: Part 18 was amended by S.I. 2000/221.

[^f00051]: Part 31 was amended by S.I. 2000/221, S.I. 2001/4015, S.I. 2010/1953, S.I. 2011/88, S.I. 2012/2208, S.I. 2013/262 and S.I. 2013/1974.

[^f00052]: Part 6 was amended by S.I. 2008/2178, S.I. 2009/2092, S.I. 2009/3131, S.I. 2009/3390, S.I. 2011/88, S.I. 2011/1979, S.I. 2014/2948, S.I. 2015/1644.

[^f00053]: Section 246B was inserted by S.I. 2010/18.

[^f00054]: CPR rule 2.8 was amended by S.I. 2009/3390.

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