The Building Society Insolvency Rules (Northern Ireland) 2014

Construction and interpretation

3.—(1) In these Rules—

“the 1989 Order” means the Insolvency (Northern Ireland) Order 1989;

“the 1991 Rules” means the Insolvency Rules (Northern Ireland) 1991(1) including all amendments to them up to and including those made by the Insolvency (Amendment) Rules (Northern Ireland) 2013(2);

“the 2009 Order” means the Building Societies (Insolvency and Special Administration) Order 2009;

“the 2014 Rules” means these Rules;

“an affidavit” means an affidavit as provided for by Article 165 of the 1989 Order;

“the appropriate regulator” in relation to a building society means—

(a)

if the building society is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000(3)), the Prudential Regulation Authority and the Financial Conduct Authority (except in rules 20, 74, 95(2) and 180 when it means the Prudential Regulation Authority or the Financial Conduct Authority);

(b)

in any other case, the Financial Conduct Authority;

“the Banking Act” means the Banking Act 2009;

“the Building Societies Act” means the Building Societies Act 1986;

“building society” or “society” means a building society incorporated under the Building Societies Act;

“building society insolvency”, “building society insolvency order” and “building society liquidator” have the same meaning as in the Building Societies Act (see section 90C(2));

“business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in any part of Northern Ireland under or by virtue of the Banking and Financial Dealings Act 1971(4);

“contributory”, in relation to a building society and subject as provided in Rule 40—

(i)

means every person liable to contribute to the assets of the society in the event of its being wound up, and

(ii)

for the purposes of all proceedings for determining, and all proceedings prior to the determination of, the persons who are deemed to be contributories, includes any person alleged to be a contributory, and

(iii)

includes persons who are liable to pay or contribute to the payment of any debt or liability of the society, or any sum for the adjustment of rights of members among themselves, or the expenses of the winding up,

but does not include persons liable to contribute by virtue of a declaration by the court under Article 177 (responsibility for fraudulent trading) or Article 178 (wrongful trading) of the 1989 Order.

“the Department” means the Department of Enterprise, Trade and Investment(5);

“eligible depositor” means a depositor who is eligible for compensation under the FSCS;

“the FSCS” means the Financial Services Compensation Scheme (established under Part 15 of the Financial Services and Markets Act 2000) or, where appropriate, the scheme manager of that scheme;

“liquidation committee” means the committee established pursuant to section 100 of the Banking Act;

“Objective 1” has the same meaning as in Part 2 of the Banking Act (section 99(2));

“personal service” means personal service in accordance with Order 65 of the Rules of the Court of Judicature (Northern Ireland) 1980(6);

“principal office” means—

(a)

the place which is specified in the building society’s memorandum sent to the Financial Conduct Authority under paragraph 1(1)(c) of Schedule 2 to the Building Societies Act as the address of its principal office; or

(b)

if notice has been given by the society to the Financial Conduct Authority under paragraph 11(2) of that Schedule (change of principal office), the place specified in that notice or, as the case may be, in the last such notice;

“registered name”, in relation to a building society, means the name of the society which is for the time being registered with the Financial Conduct Authority; and

“sealed” means sealed with the seal of the court under which the application was made.

(2) Other expressions used in these Rules, where used in relation to building societies, have the same meaning as in the Building Societies Act.

(3) In these Rules—

(a) any reference to Part 2 of the Banking Act (Bank Insolvency), or to any provision in that Part, is a reference to that Part or provision as applied and modified by section 90C of the Building Societies Act and by any order made under section 130 of the Banking Act;

(b) any reference to any provision in Part 2 of the Banking Act is a reference to that provision as applied by section 134 of that Act;

(c) any reference to any provision of the 1989 Order, which is not applied by Part 2 of the Banking Act, is a reference to that provision as applied and modified by section 90A of, and Schedule 15A to, the Building Societies Act;

(d) any reference to any provision of the 1989 Order which is applied by Part 2 of the Banking Act is a reference to that provision as applied and modified by section 90C of the Building Societies Act and by any order made under section 130 of the Banking Act; and

(e) any reference to any provision of the Building Societies (Insolvency and Special Administration) Order 2009 is a reference to that provision as applied by Article 17 of that Order.

(4) These Rules consist of—

(a) the Rules set out in full;

(b) in the case of a rule applying a rule in the Introductory Provisions and in Parts 4, 7, 8, 9, 11 and 12 of the 1991 Rules, the rule so applied with—

(i) the modifications set out in paragraph (5),

(ii) the modifications contained in the rule applying it, and

(iii) any other necessary modification;

(c) the Schedule, which applies the relevant schedules of the 1991 Rules.

(5) The modifications are that where applicable, a reference to—

(a) any provision of the 1989 Order which is applied by Part 2 of the Banking Act is a reference to that provision as applied and modified by section 90C of the Building Societies Act and by any order made under section 130 of the Banking Act;

(b) any provision of the 1989 Order which is not applied by Part 2 of the Banking Act is a reference to that provision as applied and modified by section 90A of, and Schedule 15A to, the Building Societies Act;

(c) the 1991 Rules (or “the 2014 Rules”) is a reference to these Rules;

(d) the articles is a reference to the rules of the building society;

(e) the chairman is a reference to the chair;

(f) the commencement of winding up is a reference to the commencement of building society insolvency;

(g) a company is a reference to a building society;

(h) a contributory is a reference to a contributory in relation to a building society within the meaning of these Rules;

(i) ex parte is a reference to without notice;

(j) going into liquidation is a reference to entering building society insolvency;

(k) insolvency proceedings is a reference to building society insolvency proceedings;

(l) the official receiver should be ignored unless otherwise stated;

(m) the officers, or a particular officer of a company, is a reference to the officers, or the corresponding officer, of the building society and includes persons holding themselves out as such an officer;

(n) a petition for winding up is a reference to an application for building society insolvency under section 95 of the Banking Act;

(o) a petitioner is a reference to an applicant;

(p) the provisional liquidator is a reference to the provisional building society liquidator;

(q) the registrar of companies or the registrar is a reference to the Financial Conduct Authority;

(r) the registered office is a reference to the principal office within the meaning of these Rules;

(s) winding up is a reference to building society insolvency;

(t) winding up by the court is a reference to a building society being placed into building society insolvency by the court; and

(u) a winding–up order is a reference to a building society insolvency order.

(6) Expressions used—

(a) both in a rule set out in full and in Part 2 of the Banking Act; or

(b) both in a modification to a rule from the 1991 Rules applied by these Rules and in Part 2 of the Banking Act;

have the same meaning as in Part 2 of the Banking Act.

(7) Expressions used—

(a) both in a rule set out in full and in the Building Societies Act; or

(b) both in a modification to a rule from the 1991 Rules applied by these Rules and in the Building Societies Act;

have the same meaning as in the Building Societies Act.

(8) Where a rule applies a rule of the 1991 Rules and modifies that rule by inserting or substituting text—

(a) any reference in the modified rule to the 2014 Rules is a reference to these Rules;

(b) expressions inserted or substituted have the same meaning as in these Rules.

(9) Where a rule in the 1991 Rules (Rule A) contains a reference to another such rule (Rule B) and—

(a) both Rule A and Rule B are applied by these Rules; or

(b) Rule A is applied by and the provision in Rule B to which Rule A refers is substantially repeated in these Rules;

the reference in Rule A shall be treated, for the purpose of these Rules, as being, respectively, to the rule in these Rules that applies Rule B or the provision in these Rules that substantially repeats the provision in Rule B.

(10) Where a rule (Rule A) refers to another rule (Rule B), and Rule B applies a rule of the 1991 Rules (Rule C) with or without modifications, the reference in Rule A includes a reference to Rule C as applied by Rule B.

(11) Any notice or document required to be sent electronically pursuant to these Rules shall be treated as having been sent to the person if—

(a) it is sent by email to the person’s last known email address; and

(b) the email contains a prompt asking the person for an electronic receipt saying that the email has been read.

(12) Where these Rules provide for an affidavit (either expressly, or through the application of the 1991 Rules as modified) if the affidavit is made by a building society liquidator, or a provisional building society liquidator, the affidavit shall state that it is made in that capacity and shall include the address at which the liquidator works.

(1)

S.R. 1991 No. 364, as amended by S.R. 1994 No. 26, S.R. 1995 No. 291, S.R. 2000 No. 247, S.R. 2002 No. 261, S.R. 2003 No. 549, S.R. 2006 No. 47, S.R. 2008 No. 118, S.R. 2009 No. 404, S.R. 2011 No. 151, S.I. 2004/355 and S.R. 2013 No.278.

(2)

S.R. 2013 No. 278.

(3)

2000 c 8.

(4)

1971 c.80.

(5)

Formerly the Department of Economic Development, see the Departments (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I. 1)).

(6)

S.R. 1980 No. 346, as amended by the Constitutional Reform Act 2005 (c.4), section 59 and Schedule 11.