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The Bank Administration Rules (Northern Ireland) 2009

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PART 5Application of Insolvency Rules (Northern Ireland) 1991

General application

58.  The provisions of the 1991 Rules listed in the Table in Rule 61 apply for the purposes of bank administration and applications for bank administration.

59.  For that purpose the rules apply with—

(a)the general modifications set out in Rule 60;

(b)any specific modification set out in the Table in Rule 61; and

(c)any other necessary modification.

General modifications

60.  The general modifications are that—

(a)a reference to an administrator or liquidator is to be treated as a reference to the bank administrator;

(b)a reference to administration or liquidation is to be treated as a reference to bank administration;

(c)a reference to a provisional liquidator is to be treated as a reference to a provisional bank administrator;

(d)a reference to a winding-up order is to be treated as a reference to a bank administration order;

(e)a reference to a petition for a winding-up order is to be treated as a reference to an application for a bank administration order;

(f)a reference to insolvency proceedings is to be treated as a reference to bank administration (or proceedings for bank administration);

(g)a reference to the responsible insolvency practitioner is to be treated as a reference to the bank administrator or provisional bank administrator;

(h)all references to the Official Receiver are to be ignored;

(i)all references to the EC regulation or to the appointment of a member State liquidator are to be ignored;

(j)a reference to the company is to be treated as a reference to the bank;

(k)a reference in the rules to a paragraph of Schedule B1 to the Insolvency (Northern Ireland) Order 1989 is to be treated as a reference to that paragraph as applied and modified by section 145 of the Banking Act 2009; and

(l)a reference to the Insolvency (Northern Ireland) Order 1989 includes a reference to Part 3 of the Banking Act 2009.

Table of applications and specific modifications

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

RuleSubjectSpecific modifications
Preparatory steps
Introductory Provisions Rules 0.1 to 0.7Interpretation and application
2.028Notification and advertisement of administrator’s appointmentIgnore paragraph (2)(a), (b) and (e).
2.029Notice requiring statement of affairs
2.030Verification and filing
2.031Limited 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.

2.032Release 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.

2.033Expenses of statement of affairs
Bank administrator’s proposals and creditors’ meetings
2.034Administrator’s proposalsRule 2.034 is not applied – but equivalent provision is made by Part 3 of these Rules.
2.035Meetings 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.

2.036Creditors’ meetings generallyThe FSA and FSCS are added to the list in paragraph (3) of persons to whose convenience the bank administrator is to have regard.
2.037Chairman at meetings
2.038Meeting requisitioned by creditorsTreat 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.
2.039Entitlement to vote
2.040Admission and rejection of claims
2.041Secured creditors
2.042Holders of negotiable instruments
2.043Hire-purchase, conditional sale and chattel leasing agreements
2.044Resolutions
2.045Minutes
2.046Revision of the administrator’s proposalsIn paragraph (2)(c) ignore the reference to the person making the appointment.
2.047Notice to creditors
2.048Reports to creditorsRule 2.048 is not applied – but equivalent provision is made by Part 3 of these Rules.
2.049Correspondence instead of creditors’ meetings
2.050Venue and conduct of company meeting
Creditors’ committee
2.051Constitution 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.)
2.052Formalities of establishment
2.053Functions and meetings of the committee
2.054The chairman at meetings
2.055Quorum
2.056Committee-members’ representatives
2.057

Resignation

2.058Termination of membership
2.059Removal
2.060Vacancies
2.061Procedure at meetings
2.062Resolutions of creditors’ committee by post
2.063Information from administrator
2.064Expenses of members
2.065Members 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.

2.066Formal defects
Process of administration
2.067Application 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.

2.068Priority 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.

2.069Distributions 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.)
2.070Debts of insolvent company to rank equally
2.071Dividends: supplementary
2.072Division of unsold assets
2.073Proving a debt
2.074Claim established by a witness statement
2.075Costs of proving
2.076Administrator to allow inspection of proofs
2.077New administrator: transfer of proofs
2.078Admission and rejection of proofs for dividend
2.079Appeal 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.

2.080Withdrawal or variation of proof
2.081Expunging 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.

2.082Estimate of quantum of claims
2.083Negotiable instruments, &c.
2.084Secured creditors
2.085Discounts
2.086Mutual credit and set-off
2.087Debt in foreign currency
2.088Periodical payments
2.089Interest
2.090Debt payable in future
2.091Value of security
2.092Surrender for non-disclosure
2.093Redemption by administrator
2.094Test of security’s value
2.095Realisation of security by creditor
2.096Notice 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.

2.097Admission or rejection of proofs
2.098Declaration of dividend
2.099Notice 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.

2.100Payment of dividends, &c.
2.101Notice 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 ).

2.102Proof altered after payment of dividend
2.103Secured creditors
2.104Disqualification 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.

2.105Assignment of right to dividend
2.106Debt payable in futureThe “relevant date” is the date of the bank administration order.
The bank administrator
2.107Fixing 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.

2.108Recourse to meeting of creditors
2.109Recourse 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.

2.110Creditors’ claim that remuneration is excessiveRule 2.110 applies only during the Objective 2 Stage.

4.134B and

Schedule 4

Remuneration where assets realised on behalf of chargeholder
Ending administration
2.111Final 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

2.114Notice of end of administrationRule 2.114 is not applied – but equivalent provision is made by Part 3 of these Rules.
2.115Application to court by administratorThe 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).
2.117Notification to registrar of companies and Enforcement of Judgements Office
2.119Moving from administration to dissolutionRule 2.119 is not applied – but equivalent provision is made by Part 3 of these Rules.
Replacing bank administrator
2.120Grounds for resignationDuring the Objective 1 Stage the Bank of England’s consent, as well as the court’s permission, is required for resignation under paragraph (2).
2.121Notice of intention to resignThe Bank of England, the FSA and the FSCS are added to the list of those entitled to notice under paragraph (1).
2.122Notice of resignation
2.123Application 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).

2.124Notice of vacation of office on ceasing to be qualified
2.125Death of administrator
2.126Application 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.

2.127Notification and advertisement of replacement
2.128Notification and advertisement of appointment of joint administrator
2.129Notice to registrar of companies of replacement or addition
2.130Duties on vacating office
Provisional bank administrator (see application of Article 115 of the Order in Table 2 in section 145 of the 2009Act )
4.027AppointmentRule 4.027 is not applied – but equivalent provision is made by Part 3 of these Rules.
4.028Notice of appointmentRule 4.028 is not applied – but equivalent provision is made by Part 3 of these Rules.
4.029Order of appointmentRule 4.029 is not applied – but equivalent provision is made by Part 3 of these Rules.
4.031Security
4.032Failure to give or keep security
4.033RemunerationIgnore paragraph (5).
4.034Termination of appointment

An application for termination may be made by—

(a)

the provisional bank liquidator, or

(b)

the Bank of England.

Disclaimer
4.197Notice 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.)
4.198Communication to interested persons
4.199Additional notices
4.200Duty to keep court informed
4.201Application by interested party
4.202Interest in property to be declared on request
4.203Disclaimer presumed valid and effective
4.204Application 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
7.05Application of Chapter 1 of Part 7Chapter 1 does not apply to an application for a bank administration order (which is addressed in Part 2 of these Rules).
7.06Interpretation
7.07Form and contents of application
7.07AApplication to disapply Article 150A of the Order
7.08Filing and service of application
7.08ANotice of application under Article 150A of the Order
7.09Other hearings ex parte
7.10Use of witness statement evidence
7.11Filing and service of witness statements
7.12Use of reports
7.13Adjournment of hearings; directions
7.14Nomination and appointment of shorthand writers
7.16Remuneration of shorthand writers
7.19Enforcement of court orders
7.20Orders enforcing compliance with Rules
7.21Warrants
7.22Warrants under Article 200
7.24Court records
7.25Inspection of records
7.26File of court proceedings
7.27Right to inspect court fileRule 7.27 is not applied – but equivalent provision is made in Part 4 of these Rules.
7.28Filing of Gazette notices and advertisements
7.29Costs: application of the Supreme Court Rules
7.30Requirement to assess costs by the detailed procedure
7.32Procedure where detailed assessment required
7.34Costs paid otherwise than out of the assets of the insolvent estate
7.35Award of costs against responsible insolvency practitioner
7.36Application for costs
7.37Costs and expenses of witnesses
7.38Persons who lack capacity to manage their affairs: introductory
7.39Appointment of another person to act
7.40Witness statement in support of application
7.41Services of notices following appointment
7.42Appeals and reviews of court orders from Master
7.44Procedure on appeal
7.45Principal court rules and practice to apply
7.47Right of attendance
7.54Insolvency practitioner’s solicitor
7.50Formal defects
7.51Restriction on concurrent proceedings and remedies
7.52Witness statements
7.53Security in court
7.54Further information and disclosure
7.56Office copies of documents
Proxies
8.1Definition of proxy
8.2Issue and use of forms
8.3Use of proxies at meetings
8.4Retention of proxies
8.5Right of inspection of proxies
8.6Proxy-holder with financial interest
8.7Company 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
9.1Preliminary
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.

9.2Form and contents of application
9.3Order for examination
9.4Procedure for examination
9.5Record of examination
9.6Costs of proceedings
Declaration and payment of dividend
11.01Preliminary
11.02Notice of intended dividend
11.03Final admission or rejection of proofs
11.04Postponement or cancellation of dividend
11.05Decision to declare dividend
11.06Notice of declaration
11.07Notice of no dividend or no further dividend
11.08Proof altered after payment of dividend
11.09Secured creditors
11.10Disqualification from dividend
11.11Assignment of right to dividend
11.12Preferential creditors
11.13Debt payable in futureThe “relevant date” is the date of the bank administration order.
Miscellaneous and general
12.01Regulation of specified administrative mattersA reference to the Department includes a reference to the Treasury.
12.02Costs and expenses
12.03Provable debts
12.04Notices
12.5Quorum 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.)
12.06Evidence of proceedings at meeting
12.07Documents issued by Department
12.08Forms(See Rule 7.)
12.09Insolvency practitioner’s security
12.10Time
12.11Service by post(Rule 12.11 applies subject to express provision about service made in these Rules.)
12.12Service and notice: general
12.13Service outside jurisdiction
12.14Confidentiality of documents
12.15Notices sent simultaneously to same person
12.16Right to copy documents
12.17Charge for copy documents
12.18Non-receipt of notice of meeting
12.19Right to have list of creditors
12.20False claim of status as creditor
12.21Gazette
12.22 and Schedule 3Punishment of offences
12.23Notice of order under Article 150A of the Order

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