Commentary Part 6 – Special Administration for Operators of Certain Infrastructure Systems Section 119: Continuity of supply
273.Section 119 provides that in instances where an infrastructure company has entered into arrangements with a supplier of certain specified goods and services prior to a FMI administration order being made, the supplier would only be able to terminate the supply (1) where charges in respect of supplies made after the date of the making of the FMI administration order have remained unpaid for more than 28 days; (2) with the consent of the FMI administrator or (3) with the court’s permission. This section also operates to render void any provision in a relevant supplier’s terms and conditions that purports to allow the supplier to terminate the supply agreement in the event of the infrastructure company entering into FMI administration.