FORM 6-K
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Report of Foreign Issuer
Pursuant to Rule 13a-16 or 15d-16 of
the Securities Exchange Act of 1934
September 06, 2004
BRITISH ENERGY PLC
(Registrant's name)
3 Redwood Crescent
Peel Park
East Kilbride G74 5PR
Scotland
(Address of principal executive offices)
Indicate by check mark whether the registrant files or will file annual
reports under cover Form 20-F or Form 40-F.
Form 20-F..X.. Form 40-F.....
Indicate by check mark whether the registrant by furnishing the information
contained in this Form is also thereby furnishing the information to the
Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.
Yes ..... No ..X..
If "Yes" is marked, indicate below the file number assigned to the registrant
in connection with Rule 12g3-2(b):
Exhibit Index
The following document (bearing the exhibit number listed below) is furnished
herewith and is made a part of this Report pursuant to the General Instructions
for Form 6-K:
Exhibit Description
No. 1 RNS Announcement, re: EGM Requisition 06 September, 2004
BRITISH ENERGY PLC
6 September 2004
Requisition for an Extraordinary General Meeting by Polygon Investment Partners
LLP and Brandes Investment Partners LLC given on 3 September 2004
In a letter dated 3 September 2004, Polygon Investment Partners LLP and Brandes
Investment Partners LLC have given notice of their requisition of an
Extraordinary General Meeting proposing a number of resolutions. The proposed
resolutions are attached. The Company is considering its response to the
requisition.
The Company agreed to implement the proposed restructuring in October 2003 and
although a number of important conditions and significant uncertainties remain,
the Company will continue its efforts to implement the proposed restructuring in
accordance with these agreements. Furthermore if for any reason the proposed
restructuring cannot be implemented the Board may need to commence insolvency
proceedings. If insolvency proceedings are commenced, distributions (if any) to
unsecured creditors may represent only a small fraction of their unsecured
claims and it is highly unlikely there would be any return for shareholders.
Contacts:
Andrew Dowler Media 020 7831 3113
John Searles Investor Relations 01355 262 202
Website: www.british-energy.com
Proposed Resolutions
"Special Resolutions
1. THAT the articles of association of the Company be amended by the
inclusion of the following article to be designated article 88(A) immediately
prior to existing article 89:
"88(A) Power to cancel listing
Where the board wishes to cancel the listing of the Company's securities from
the official list of the UK Listing Authority and/or its trading on the London
Stock Exchange's market for listed securities and/or any other exchange or
market upon which such securities are listed or traded, the board will not
commence any procedures to, or cancel any such listing or trading without the
previous sanction of a special resolution of the Company."
2. THAT the board be and is hereby directed that no amendment or
extension of time for allowing performance of, or satisfaction of conditions to,
the Creditor Restructuring Agreement made as of 30th September 2003 between,
inter alia, the Company, certain of its subsidiaries, certain of its creditors,
certain of its bankers, British Nuclear Fuels PLC, and certain of its
bondholders (as may have been amended, varied or novated prior to the date of
this resolution) be allowed, granted or made without the previous sanction of a
special resolution of the Company.
3. THAT the board be and is hereby directed not to sell the assets or
undertaking of the Company or the assets or undertaking of any subsidiary of the
Company or the shares in any subsidiary of the Company or issue or allow the
issue of any new shares in any subsidiary of the Company to any person in
circumstances where any such action would require the approval of shareholders
under the Listing Rules of the UK Listing Authority (assuming that the Company
was listed on the Official List of the UK Listing Authority at the relevant
time) in any case without the previous sanction of a special resolution of the
Company.
Ordinary Resolutions
4. THAT the board be and is hereby advised that shareholders wish them
to use all reasonable efforts to obtain for holders of shares in the capital of
the Company terms that are more advantageous to such holders than the terms
currently available to them pursuant to the Creditor Restructuring Agreement
made as of 30th September 2003 between, inter alia, the Company, certain of its
subsidiaries, certain of its creditors, certain of its bankers, British Nuclear
Fuels PLC and certain of its bondholders (as may have been amended, varied or
novated prior to the date of this resolution).
5. THAT the board be and is hereby advised that shareholders do not wish
any application to the UK Listing Authority and/or the London Stock Exchange to
cancel the listing and/or trading of the securities of the Company to be made,
and wish no steps be taken to cancel such listing and/or trading (including
notification to a Regulatory Information Service of such cancellation or
despatch of a circular to shareholders in respect of such cancellation) pursuant
to the rules of the UK Listing Authority or otherwise without the previous
sanction of a special resolution of the Company."
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.
Date: September 06, 2004 BRITISH ENERGY PLC
By:____John Searles____
Name: John Searles
Title: Director - Investor Relations