Chapter 1. General provisions
Scope of application and definitions
section 1 of this Act contains provisions on the special management
and for the redemption of electrical installations.
With electrical installation referred to in this law, a
the power plant with the component specific objects for
the transmission of electricity.
With the power authority referred to in this law, the authority, in accordance with
Chapter 1. section 7 of the electricity Act (1997:857), the Government designated to
deal with the issues of the power authority.
Conditions and forms of management
section 2 If an Internet company, which uses an electric plant with
aid of a online concession pursuant to Chapter 2. Article 1, first paragraph
Electricity Act (1997:857), materially fails to fulfil his
obligations under the electricity Act, according to the regulations
granted under the law or under the terms of
Online concession, the Administrative Court, on application by
the power authority, decide on the specific management of the
electrical system.
If an Internet company using an electrical facility without the support of
Online concession, where necessary, the Administrative Court,
After application of the power authority, decide on specific
management of the electrical system.
Application for special management shall be made in the
administrative law in whose area of jurisdiction the power authority is based.
The decisions referred to in the first and second subparagraphs,
be notified only if the plant still needed a secure
electricity supply.
The Special Administration shall be designed so that a
satisfactory management of the establishment concerned,
be achieved. Law (2009:844).
paragraph 3 of the decision if special management includes, in addition to
the power company's electric system, the property that is required for
to the operation of the system shall be conducted at a
satisfactory way.
In a decision on special management, administrative law
submit to the power company to submit all or part
management to a special trustee
(administrative procedure). If such an order
probably is not enough to achieve a
adequate management, the Administrative Court in
rather than mandating that holding shall be placed under
the administration of a special trustee (receivership).
During the time that the Special Administration is in progress, the
Special Trustee, instead of the power company, is considered as
the holder of the concession network with whose support the electrical
the facility is used or, if paragraph 2 is
applicable, as that last had the network licence for
plant. If the administration only partially transmitted
to a specific Manager, this applies only to the management of
the matters that have been handed over to the Special
the nominee.
A decision about management may not refer to an electric
facility that is used with the support of a network licence held
by the State. The same applies if the State uses an electric
facility without the support of the network licence, where required.
Law (2009:844).
section 4 If a decision about management is directed at someone who
holds more than a net concession and the deficiencies pursuant to article 2 of the first
the paragraph does not apply to all installations, the decision shall
determined to relate to only plant to which the deficiencies are
to assign. The decision, however, shall have regard to all the
plants, if required to the collective management of
These facilities should not be hampered significantly.
Redemption
§ 5 If a satisfactory management of an electric
plant are unlikely to be achieved by
receivership or a satisfactory administration
are not likely to persist after the end of the period for
a receivership must state, after application of the
the power authority, resolving the complex from the owner.
If the owner is also the owner of a property on
the establishment, in whole or in part, is situated shall also
the property or, if appropriate, part of the property
be solved. If the management right is granted for the installation of a
other property management law must also be resolved.
Goal of redemption shall be dealt with by the land and Environment Court in
whose territory the property or the greater part of it is. In
terms of redemption applies otherwise expropriations Act (1972:719)
mutatis mutandis, with the exception of Chapter 4. 1 section
paragraph. Law (2010:940).
Chapter 2. Administrative order
The injunction
paragraph 1 of administrative procedure, administrative law
determine a specific time within which network the company shall submit a
management agreement to the administrative court.
With management agreement "means an agreement in writing whereby
the power company to a special trustee in whole or in part
handing over the management of the establishments
covered by the administrative order, the property that
required for the operation of the installations shall be
conducted in a satisfactory manner.
The administrative court may, on application by the power company may extend the
time that has been determined to provide a management agreement.
The application for extension must be submitted before the end of the
appointed time. Law (2009:844).
section 2 If an administrative injunction has been granted, and
Online concession for an installation covered by the injunction
It then shifts to a new holder, expires
the injunction.
The management of the contract, etc.
section 3 of the administrative arrangement shall be designed so that a
satisfactory management of the plant can be assumed to be
into being. For this purpose, the agreement shall in particular
1. have a validity of at least one year,
2. specify the matters covered by the management, and
3. be accompanied by a power of Attorney for the trustee to represent the
the power company in the matters covered by
Management Mission.
If a management agreement does not meet these requirements may
administrative law provide the power company an opportunity to, within a
specified time, agree on the changes and additions that are needed
to the agreement shall comply with the requirements. Such changes and
addition may only be of a smaller magnitude.
The agreement must be approved by
the administrative court.
An agreement which does not pass becomes invalid. Law (2009:844).
Inadequate management agreement, etc.
section 4 If the power company does not provide a management agreement to
the administrative court within the time stipulated or if
the administrative court decides not to approve a submitted
management agreement, the right to appoint the
installations concerned shall be placed under receivership.
If the power company can be expected to produce an acceptable
management agreement within a reasonable time, the Administrative Court in
rather than announce a new administrative order.
Law (2009:844).
§ 5 If a management agreement, approved in accordance with paragraph 3 of
third, expires or is changed, or if the
the contracting parties do not comply with the agreement, the trustee shall forthwith
report it to the power authority.
The Administrative Court, in a decision approving a
management agreement, inform the administrator if
the notification obligation. Law (2009:844).
Chapter 3. Administrative receivership
Managers
1 § administrative law, in a decision of the courts
appoint a special trustee. The managers shall be appointed
someone who is likely to achieve a satisfactory
management of the establishment concerned.
The administrative court shall, on the application of the power authority,
dismiss the Manager if he fails to fulfil his duties in a
satisfactory way. The administrative court shall also
dismiss the Manager if he requests it.
liquidator dismissed shall appoint a management law new
managers.
The power authority shall submit proposals to the managers.
Law (2009:844).
Time for the management
paragraph 2 of the administrative court should, then the trustee submitted the plan
referred to in paragraph 4, fourth paragraph, decide how long the management
should last. Time to be determined so that a satisfactory
management can be achieved. Time will be set at a maximum of five
years from the decision of the administration.
If at the end of the time still are reasons
for the courts, the Administrative Court, on the application of
the power authority, extend the period by up to three years at a time.
The courts decision applies until the application has
tried Terminal.
Before the administrative court decides within the meaning of the first subparagraph shall
the power authority is given the opportunity to be heard. Law (2009:844).
3 § If there is no longer any reason for the courts, shall
the Administrative Court, on the application of the power authority, or
the power company, decide that it shall end.
Before the Administrative Court, on application by the power company, determines
a case referred to in the first subparagraph shall the power authority
opportunity to be heard. Law (2009:844).
The Manager's tasks, etc.
section 4 of the trustee shall in particular ensure that the abuses
that has prompted the decision to the courts.
The manager shall also ensure an adequate
management of the facility and to ensure that
the business provides a reasonable return.
Manager must continuously verify whether the conditions for a
satisfactory management exists.
The manager shall, as soon as possible and at the latest within three
months from the time he or she was appointed under section
the first or second paragraph, make a plan to
the administrative court. The plan shall specify the measures
required to remove the ills that have led
the decision of the courts, how these measures shall
implemented and the time required to implement the measures.
If there are serious reasons, administrative law extend
the period within which the plan will be submitted. Law (2009:844).
paragraph 5 of the Manager may decide that a matter that has no
importance for the purpose of administration, shall be exempt from
this. Such a decision may be amended or repealed by
the nominee. The administrator shall immediately notify the power authority
If the decision under this section.
section 6 of the Manager may not transfer the property or otherwise
way to dispose of it so that it partially or completely frånhänds
the owner.
The trustee may not assign the network concession with whose support
the electrical system is used.
The trustee must not conclude on behalf the Castle networks.
section 7 of the administrator shall immediately notify each known debtor,
whose debt is attributable to the activities of the relevant
the resort, on a decision about the courts and if a
the decision to appoint a new trustee.
A debtor who has received such notification can, as long as
the management is going on, not with the liberating effect of paying their debt
other than the administrator or the trustee has
assigned. An indication of this shall be mentioned in the notification.
The liquidator shall also, as soon as may be, inform any
known debtor whose debt is attributable to the activities of the
installation concerned, if the decision of the Court of administration under section 2.
Law (2009:844).
Certain obligations for net company
§ 8 the power company to provide the Office space and other
facilities required for the management of the Manager's
disposal. However, this does not apply to housing.
§ 9 the power company is required to provide the administrator the
information about the resort that is needed for a
adequate management.
The administrative court shall, on application by the trustee, cold
Deputy to the power company to court under oath
provide information referred to in the first subparagraph. The provisions of 36
Cape. 6, 11, 14, 20 and 21 of the code of judicial procedure shall be
the corresponding application. Also the administrator and power authority
shall be called. Law (2009:844).
section 10 of the power company is required to provide administrator
documents and other items of importance to the administration.
10 a of the power company does not fulfil the obligation under section 8
due to the fact that the company does not have the premises or
areas, the power authority, on application by the trustee,
submit to the owner of the premises or areas to fulfil
the obligation.
Such an order may be granted only if the reasons for the action
outweighs the inconvenience or otherwise that the action
means for those who suffer from it, or for any other
opposing interest. Law (2008:381).
section 10 (b) if it is likely to aim for
the power company has no knowledge of the conditions that the power company
According to section 9 the first paragraph is obliged to inform the trustee
If the administrative court shall, on application by the trustee, call the
which can be assumed to know the conditions that face right under the
ED provide that information. In doing so, section 9, second subparagraph
applied. Law (2009:844).
10 c § If the power company does not fulfil the obligation under section 10
due to the fact that the company does not have documents
or objects, the power authority, on application by the trustee,
submit to the holder of the documents or objects that
performance of the obligation.
Such an order may be granted only if the reasons for the action
outweighs the inconvenience or otherwise that the action
means for those who suffer from it, or for any other
opposing interest. Law (2008:381).
10 d section manager may request the assistance of the
Enforcement authority to carry out the measures referred to in
8 and 10 sections.
Thus, the provisions of the enforcement code if
enforcement of obligations that do not relate to
payment obligation or eviction. Law (2008:381).
The financial management
section 11 of the trustee receives the operating revenues and disposes the
Moreover, the assets attributable to the activities
covered by the administration. The administrator shall represent otherwise
the power company in the affairs that fall within the scope of the management,
subject to the second subparagraph or paragraph 6.
The trustee may only take up such loans required for the
current operations and that can be financed with the running
revenue during the period of administration. Before the management time
determined, it shall be deemed to be for three years. The trustee may, after
State of the power authority, also take up other types of loans.
Authorisation shall be granted if the loan is for the benefit of the future
operations at the plant and not in anomaly
to the economic conditions for this activity.
Before the power authority decides on the licensing issue,
the power company is given the opportunity to comment.
section 12 Means that the trustee has care of of the
management must be kept separate from other funds.
paragraph 13 of the funds do not have to be set aside for management shall
the trustee pay out to the power company.
section 14 if the Manager can't get sufficient funds to
management through current income and loans may
the power authority, at the request of the administrator, impose a net company
and, if applicable, the owner of the property to set
additional funds for the management of the Manager's
disposal. The decision will be based on what is reasonable with
account of the need for additional funds and the power company and
owner's financial circumstances.
If the power company entrusts the online concession relating to the
I warmly congratulate the plant remains online company
the payment obligation according to the decision, which has been granted in accordance with
the first paragraph before concession has switched to the new
the concession holder.
If the owner of the plant leaves warmly congratulate
This remains the owner's payment obligation under the decision, as
has been granted in accordance with the first subparagraph before ownership is
transferred to the new owner. However, this applies only if the owner
do not have the network licence for the warmly congratulate plant.
If there are reasons for it, the power authority, at the request of
the power company or, as the case may be, the owner of the establishment,
decide that a liability has been decided under the first
paragraph no longer needs to be fulfilled.
14 a of if needed funds for an action under
period that cannot be postponed without risk to
some suffer from severe injury or other disadvantage,
the power authority, on application by the trustee, bailed
to the administration. Law (2008:381).
15 § Manager shall have power company take advantage of the
accounting materials relating to the facility.
Manager's report
section 16 of the nominee shall for each fiscal year, submit a
written accounts of their administration to the power authority
and the power company. When the manager leaves their assignment to a
accounting for the last part of the fiscal year shall be provided.
The Government or, by authority of the Government,
the power authority may notify the trustee's
accounting.
section 17 if the power company wants to blame the Administration,
be brought against the trustee by the land and Environment Court within a year
from the power company received report. If
the power company as the basis for its action, invoking a circumstance
which does not relate to a specific report, may be brought
within a year from the power company received the recognition that
submitted in response to the trustee's mandate came to an end.
An Internet company that does not make what is said in the first paragraph have
lost his right to appeal, unless the administrator has
guilty of a criminal offence, which resulted in injury to
the power company. Law (2010:940).
Trustee fees
section 18 of the administrative court shall determine the fees payable to the trustee
for each fiscal year. If there are special reasons,
the fee should be set for a shorter period of time. The fee must be reasonable.
The fee shall be considered to be a cost of the activities
covered by the period.
To the extent that the fees are not without significant delay may
be paid with funds from the activities covered by
period, the power authority, at the request of
trustee, bailed to the administration.
Law (2009:844).
Repayment of subscribed agents
section 19 of the amount referred to in paragraph 14 and the third subparagraph of section 18 of the
contributed by the power authority shall be paid back to the
the power authority with interest in accordance with section 6 of the interest Act (1975:635) from
the date of payment.
Repayment shall be made as soon as is possible without a
satisfactory management of the plant is compromised.
If the Manager is unable to obtain sufficient funds to
repayment through current income and loans may
the power authority, at the request of the administrator, impose a net company
and, if applicable, the owner of the property to
contribute additional funds to the administration. The decision shall
based on what is reasonable in view of the need for
additional resources and power company and the owner's economic
conditions. Law (2008:381).
section 20 Of the network licence relating to warmly congratulate
the property is transferred, the power company
the repayment obligation according to the decision, given
According to section 19 of the third paragraph before concession has switched to
the new concessionaire.
If the owner of the plant leaves warmly congratulate
This, and the owner does not hold network concession for
the complex, remains the owner's repayment obligation according to
the decision, which has been granted in accordance with section 19 of the third paragraph before
the ownership has been transferred to the new owner.
If there are reasons for it, the power authority, at the request of
the power company or, as the case may be, the owner of the establishment,
decide that the repayment obligation need not be fulfilled.
Law (2008:381).
Chapter 4. Other provisions
New owners of the nets franchise
§ 1 If network concession for an electric plant
placed under Special Administration shifts to someone else,
the decision to cease special management will immediately terminate.
Provisions on trial
paragraph 2 of the decision of the Administration that according to Chapter 1. paragraph 3 of the other
paragraph, notify an administrative injunction, that according to Chapter 2.
the third subparagraph of paragraph 3, approve a submitted management agreement and
that according to Chapter 1. the second subparagraph of paragraph 3 of order that an electrical
holding shall be placed under receivership case
immediately.
Administrative law, also with regard to other decisions referred to in
This Act, order that it shall take effect immediately.
Law (2009:844).
3 § If there are reasons for it, the administrative court shall order
to an electrical installation shall be under the
administration until the next administrative law
has settled the issue of management. Law (2009:844).
section 4 of the Goals if the Special Administration under this law shall be considered
promptly.
Supervision over the management
paragraph 5 of the supervision of the trustee's compliance with this Act and the
regulations and conditions that have been notified under the Act
exercised by the power authority.
section 6 of the power authority has the right to request the information
and take note of the documents needed for supervision. A
the request may be subject to a penalty.
section 7 of the power authority may notify the injunctions needed
to ensure compliance with the rules and conditions
within the scope of supervision. An injunction may be subject to a penalty.
Dispute review and appeal
section 8 Disputes if the power firm's obligations under Chapter 3. section 8,
§ 9, first subparagraph, and paragraph 10 and if the Manager's obligations
According to Chapter 3. 13 and 15 sections are tested by the power authority.
The power authority may order that a decision on the power company
obligations under Chapter 3. section 8, first paragraph, section 9 and section 10 shall
apply immediately.
The power authority's decision if the power firm's obligations under 3
Cape. 8 to 10 sections and the power authority's notice under Chapter 3.
10 (a) and 10 (c) sections may be enforced under the enforcement code
provisions. Law (2008:381).
section 9 other decisions by the power authority under this law than the decision
According to Chapter 3. 14 (a) and the third paragraph of section 18 may be appealed to the
General administrative courts.
Leave to appeal is required for an appeal to the administrative court.
Law (2008:381).
Transitional provisions
2010:830
1. this law shall enter into force on 1 August 2010.
2. Older rules still apply for compensation, if
application for redemption is brought before the entry into force. In a
such a case, the references to the expropriations Act
(1972:719) refer to the law in force at the end of July 2010.
