The Bank Administration Rules (Northern Ireland) 2009

Table of applications and specific modifications

61.  This Rule contains the Table of applied Insolvency Rules.

Rule		Subject	Specific modifications
Preparatory steps
Introductory Provisions Rules 0.1 to 0.7		Interpretation and application
2.028		Notification and advertisement of administrator’s appointment	Ignore paragraph (2)(a), (b) and (e).
2.029		Notice requiring statement of affairs
2.030		Verification and filing
2.031		Limited disclosure	On an application for disclosure under paragraph (4) any of the following may appear and be heard, or make written representations— (a) the bank administrator, (b) the Bank of England, (c) the FSA, and (d) the FSCS.
2.032		Release from duty to submit statement of affairs; extension of time	On an application under paragraph (2) for release or extension of time any of the following may appear and be heard, or make written representations— (a) the bank administrator, (b) the Bank of England, (c) the FSA, and (d) the FSCS.
2.033		Expenses of statement of affairs
Bank administrator’s proposals and creditors’ meetings
2.034		Administrator’s proposals	Rule 2.034 is not applied – but equivalent provision is made by Part 3 of these Rules.
2.035		Meetings to consider administrator’s proposals	(1) Rule 2.035 applies in the Objective 2 Stage. (2) The FSA and the FSCS are added to the list in paragraph (2) of persons entitled to notice.
2.036		Creditors’ meetings generally	The FSA and FSCS are added to the list in paragraph (3) of persons to whose convenience the bank administrator is to have regard.
2.037		Chairman at meetings
2.038		Meeting requisitioned by creditors	Treat the reference to the administrator’s statement of proposals as a reference to the bank administrator’s statement of proposals in accordance with Rule 29.
2.039		Entitlement to vote
2.040		Admission and rejection of claims
2.041		Secured creditors
2.042		Holders of negotiable instruments
2.043		Hire-purchase, conditional sale and chattel leasing agreements
2.044		Resolutions
2.045		Minutes
2.046		Revision of the administrator’s proposals	In paragraph (2)(c) ignore the reference to the person making the appointment.
2.047		Notice to creditors
2.048		Reports to creditors	Rule 2.048 is not applied – but equivalent provision is made by Part 3 of these Rules.
2.049		Correspondence instead of creditors’ meetings
2.050		Venue and conduct of company meeting
Creditors’ committee
2.051		Constitution of committee	(A creditors’ committee cannot be established until the Objective 2 Stage – see the modifications for the application of paragraphs 51 to 59 of Schedule B1 to the Order in Table 1 in section 145 of the 2009 Act.)
2.052		Formalities of establishment
2.053		Functions and meetings of the committee
2.054		The chairman at meetings
2.055		Quorum
2.056		Committee-members’ representatives
2.057		Resignation
2.058		Termination of membership
2.059		Removal
2.060		Vacancies
2.061		Procedure at meetings
2.062		Resolutions of creditors’ committee by post
2.063		Information from administrator
2.064		Expenses of members
2.065		Members dealing with the company	In respect of any application to set aside a transaction under paragraph (3)— (a) notice of the application must be given to the FSA and the FSCS, and (b) the FSA and the FSCS may appear and be heard.
2.066		Formal defects
Process of administration
2.067		Application to court to dispose of charged property	If an application is made during the Objective 1 Stage, then in addition to the requirements of Rule 2.067— (a) the bank administrator must notify the Bank of England of the time and place of the hearing, (b) the Bank of England may appear, and (c) if an order is made the bank administrator must send a copy to the Bank of England as soon as is reasonably practicable.
2.068		Priority of expenses of administration	In addition to the matters listed in Rule 2.068(1), expenses in connection with provisional bank administration are payable in the following order of priority— (a) the cost of any security provided by the provisional bank administrator takes priority equally with security provided by the bank administrator, and (b) the remuneration of the provisional bank administrator ranks next, and (c) any deposit lodged on an application for the appointment of a provisional bank administrator ranks next.
2.069		Distributions to creditors: introduction	(Distributions in the case of bank administration following transfer to a bridge bank under section 12(2) of the 2009 Act and during the Objective 1 Stage require the Bank of England’s consent – see the modification for the application of paragraph 66 of Schedule B1 to the Order in Table 1 in section 145 of the 2009 Act.)
2.070		Debts of insolvent company to rank equally
2.071		Dividends: supplementary
2.072		Division of unsold assets
2.073		Proving a debt
2.074		Claim established by a witness statement
2.075		Costs of proving
2.076		Administrator to allow inspection of proofs
2.077		New administrator: transfer of proofs
2.078		Admission and rejection of proofs for dividend
2.079		Appeal against decision on proof	In respect of any application under Rule 2.079(1) or (3)— (a) notice of the application must be given to the FSA and the FSCS and, during the Objective 1 Stage, the Bank of England, and (b) the FSA and the FSCS, and the Bank of England during the Objective 1 Stage, may appear and be heard.
2.080		Withdrawal or variation of proof
2.081		Expunging of proof by the court	In respect of any application under Rule 2.081(1)(b)— (a) notice of the application must be given to the FSA and the FSCS and, during the Objective 1 Stage, the Bank of England, and (b) the FSA and the FSCS, and the Bank of England during the Objective 1 Stage, may appear and be heard.
2.082		Estimate of quantum of claims
2.083		Negotiable instruments, &c.
2.084		Secured creditors
2.085		Discounts
2.086		Mutual credit and set-off
2.087		Debt in foreign currency
2.088		Periodical payments
2.089		Interest
2.090		Debt payable in future
2.091		Value of security
2.092		Surrender for non-disclosure
2.093		Redemption by administrator
2.094		Test of security’s value
2.095		Realisation of security by creditor
2.096		Notice of proposed distribution	The following are added to the list of those entitled to receive notice under Rule 2.096(2)(a)— (a) the FSA, (b) the FSCS and (c) during the Objective 1 Stage of a bank administration following transfer to a bridge bank under section 12(2) of the 2009 Act, the Bank of England.
2.097		Admission or rejection of proofs
2.098		Declaration of dividend
2.099		Notice of declaration of dividend	(1) The following are added to the list of those entitled to receive notice under Rule 2.099(1)— (a) the FSA, (b) the FSCS, and (c) during the Objective 1 Stage of a bank administration following transfer to a bridge bank under section 12(2) of the 2009 Act, the Bank of England. (2) In the case of bank administration following transfer to a bridge bank under section 12(2) of the 2009 Act and during the Objective 1 Stage, the particulars required by rule 2.099(2) include details of any payment made from a scheme under a resolution fund order.
2.100		Payment of dividends, &c.
2.101		Notice of no dividend or no further dividend	The bank administrator must copy any notice under Rule 2.101 to— (a) the FSA, (b) the FSCS, and (c) the Bank of England, in a case where it consented to a distribution under Rule 2.069 (as applied ).
2.102		Proof altered after payment of dividend
2.103		Secured creditors
2.104		Disqualification from dividend	In respect of any application for disqualification under Rule 2.104— (a) notice of the application must be given to the FSA and the FSCS, and (b) the FSA and the FSCS may appear and be heard.
2.105		Assignment of right to dividend
2.106		Debt payable in future	The “relevant date” is the date of the bank administration order.
The bank administrator
2.107		Fixing of remuneration	(1) In the Objective 1 Stage the Bank of England shall fix the bank administrator’s remuneration in accordance with Rule 2.107(2). (2) In the Objective 2 Stage, Rule 2.107 applies (but pending action under paragraphs (3) or (5) arrangements established by the Bank of England in the Objective 1 Stage shall continue to apply.
2.108		Recourse to meeting of creditors
2.109		Recourse to the court	(1) In respect of remuneration fixed by the Bank of England— (a) Rule 2.109 applies as if references to the creditors’ committee were references to the Bank of England, and (b) the court shall have regard to Objective 1. (2) In respect of any application under Rule 2.109— (a) notice of the application must be given to the FSA and the FSCS, and (b) the FSA and the FSCS may appear and be heard.
2.110		Creditors’ claim that remuneration is excessive	Rule 2.110 applies only during the Objective 2 Stage.
4.134B and Schedule 4		Remuneration where assets realised on behalf of chargeholder
Ending administration
2.111	Final progress report		(1) The reference to Rule 2.048 is to be treated as a reference to Rule 35. (2) In the case of bank administration following transfer to a bridge bank under section 12(2) of the 2009 Act the final progress report— (a) shall not be made until the bank administrator is satisfied that any payment likely to be made to the bank from a scheme under a resolution fund order has been made, and (b) shall state whether any payment has been received and, if so, its amount
2.114	Notice of end of administration		Rule 2.114 is not applied – but equivalent provision is made by Part 3 of these Rules.
2.115	Application to court by administrator		The reference to paragraph 80 of Schedule B1 to the Order is to be treated as a reference to paragraph 81 (as applied by section 153(2) of the 2009 Act).
2.117	Notification to registrar of companies and Enforcement of Judgements Office
2.119	Moving from administration to dissolution		Rule 2.119 is not applied – but equivalent provision is made by Part 3 of these Rules.
Replacing bank administrator
2.120	Grounds for resignation		During the Objective 1 Stage the Bank of England’s consent, as well as the court’s permission, is required for resignation under paragraph (2).
2.121	Notice of intention to resign		The Bank of England, the FSA and the FSCS are added to the list of those entitled to notice under paragraph (1).
2.122	Notice of resignation
2.123	Application to court to remove administrator		(An application may be made during the Objective 1 Stage only with the Bank of England’s consent – see the modifications for the application of paragraph 89 of Schedule B1 to the Order in Table 1 in section 145 of the 2009 Act..) (1) An application must state either— (a) that the Bank of England has consented to its being made, or (b) that the Objective 1 Stage has ended. (2) The FSA and the FSCS are added to the list of those entitled to notice under paragraph (2).
2.124	Notice of vacation of office on ceasing to be qualified
2.125	Death of administrator
2.126	Application to replace		Rule 2.126 is applied during the Objective 2 Stage only (and ignoring references to paragraph 96 of Schedule B1 to the Order). For equivalent provision about application for removal by the Bank of England during the Objective 1 Stage (in accordance with the modifications for the application of paragraph 92 of Schedule B1 to the Order in Table 1 in section 145 of the 2009 Act) see Part 3 of these Rules.
2.127	Notification and advertisement of replacement
2.128	Notification and advertisement of appointment of joint administrator
2.129	Notice to registrar of companies of replacement or addition
2.130	Duties on vacating office
Provisional bank administrator (see application of Article 115 of the Order in Table 2 in section 145 of the 2009Act )
4.027	Appointment		Rule 4.027 is not applied – but equivalent provision is made by Part 3 of these Rules.
4.028	Notice of appointment		Rule 4.028 is not applied – but equivalent provision is made by Part 3 of these Rules.
4.029	Order of appointment		Rule 4.029 is not applied – but equivalent provision is made by Part 3 of these Rules.
4.031	Security
4.032	Failure to give or keep security
4.033	Remuneration		Ignore paragraph (5).
4.034	Termination of appointment		An application for termination may be made by— (a) the provisional bank liquidator, or (b) the Bank of England.
Disclaimer
4.197	Notice of disclaimer		(In the case of bank administration following transfer to a bridge bank under section 12(2) of the 2009Act notice may be given during the Objective 1 Stage only with the Bank of England’s consent – see the modifications for the application of Article 152 of the Order in Table 2 in section 145 of the 2009Act.)
4.198	Communication to interested persons
4.199	Additional notices
4.200	Duty to keep court informed
4.201	Application by interested party
4.202	Interest in property to be declared on request
4.203	Disclaimer presumed valid and effective
4.204	Application for exercise of court’s powers under Article 155 of the Order		(Article 155 is applied by Table 2 in section 145 of the Banking Act 2009.)
Court procedure and practice
7.05	Application of Chapter 1 of Part 7		Chapter 1 does not apply to an application for a bank administration order (which is addressed in Part 2 of these Rules).
7.06	Interpretation
7.07	Form and contents of application
7.07A	Application to disapply Article 150A of the Order
7.08	Filing and service of application
7.08A	Notice of application under Article 150A of the Order
7.09	Other hearings ex parte
7.10	Use of witness statement evidence
7.11	Filing and service of witness statements
7.12	Use of reports
7.13	Adjournment of hearings; directions
7.14	Nomination and appointment of shorthand writers
7.16	Remuneration of shorthand writers
7.19	Enforcement of court orders
7.20	Orders enforcing compliance with Rules
7.21	Warrants
7.22	Warrants under Article 200
7.24	Court records
7.25	Inspection of records
7.26	File of court proceedings
7.27	Right to inspect court file		Rule 7.27 is not applied – but equivalent provision is made in Part 4 of these Rules.
7.28	Filing of Gazette notices and advertisements
7.29	Costs: application of the Supreme Court Rules
7.30	Requirement to assess costs by the detailed procedure
7.32	Procedure where detailed assessment required
7.34	Costs paid otherwise than out of the assets of the insolvent estate
7.35	Award of costs against responsible insolvency practitioner
7.36	Application for costs
7.37	Costs and expenses of witnesses
7.38	Persons who lack capacity to manage their affairs: introductory
7.39	Appointment of another person to act
7.40	Witness statement in support of application
7.41	Services of notices following appointment
7.42	Appeals and reviews of court orders from Master
7.44	Procedure on appeal
7.45	Principal court rules and practice to apply
7.47	Right of attendance
7.54	Insolvency practitioner’s solicitor
7.50	Formal defects
7.51	Restriction on concurrent proceedings and remedies
7.52	Witness statements
7.53	Security in court
7.54	Further information and disclosure
7.56	Office copies of documents
Proxies
8.1	Definition of proxy
8.2	Issue and use of forms
8.3	Use of proxies at meetings
8.4	Retention of proxies
8.5	Right of inspection of proxies
8.6	Proxy-holder with financial interest
8.7	Company representation		(The reference to Article 383 of the Companies (Northern Ireland) Order 1986 is now a reference to section 323 of the Companies Act 2006.)
Examination of persons
9.1	Preliminary		1. Part 9 applies to applications under Article 200 of the Order (inquiry into company’s dealings) as applied by Table 2 in section 145 of the Banking Act 2009. 2. Treat a reference to “the insolvent” as a reference to the bank.
9.2	Form and contents of application
9.3	Order for examination
9.4	Procedure for examination
9.5	Record of examination
9.6	Costs of proceedings
Declaration and payment of dividend
11.01	Preliminary
11.02	Notice of intended dividend
11.03	Final admission or rejection of proofs
11.04	Postponement or cancellation of dividend
11.05	Decision to declare dividend
11.06	Notice of declaration
11.07	Notice of no dividend or no further dividend
11.08	Proof altered after payment of dividend
11.09	Secured creditors
11.10	Disqualification from dividend
11.11	Assignment of right to dividend
11.12	Preferential creditors
11.13	Debt payable in future		The “relevant date” is the date of the bank administration order.
Miscellaneous and general
12.01	Regulation of specified administrative matters		A reference to the Department includes a reference to the Treasury.
12.02	Costs and expenses
12.03	Provable debts
12.04	Notices
12.5	Quorum at meetings		(The reference to Article 383 of the Companies (Northern Ireland) Order 1986 is now a reference to section 323 of the Companies Act 2006.)
12.06	Evidence of proceedings at meeting
12.07	Documents issued by Department
12.08	Forms		(See Rule 7.)
12.09	Insolvency practitioner’s security
12.10	Time
12.11	Service by post		(Rule 12.11 applies subject to express provision about service made in these Rules.)
12.12	Service and notice: general
12.13	Service outside jurisdiction
12.14	Confidentiality of documents
12.15	Notices sent simultaneously to same person
12.16	Right to copy documents
12.17	Charge for copy documents
12.18	Non-receipt of notice of meeting
12.19	Right to have list of creditors
12.20	False claim of status as creditor
12.21	Gazette
12.22 and Schedule 3	Punishment of offences
12.23	Notice of order under Article 150A of the Order