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The Bank Insolvency (England and Wales) Rules 2009

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PART 23INTERPRETATION

Introductory

283.  This Part of the Rules has effect for their interpretation and application; and any definition given in this Part (and in any provision of the 1986 Rules applied by this Part) applies except, and in so far as, the context requires otherwise.

“The court”; “the registrar”

284.  (1)  Apply rule 13.2 of the 1986 Rules.

(2) Ignore paragraphs (3) and (5).

(3) In paragraph (4), for “company insolvency proceedings” substitute “bank insolvency proceedings.”

“Give notice”, etc.

285.  Apply rule 13.3 of the 1986 Rules.

Notice, etc. to solicitors

286.  Apply rule 13.4 of the 1986 Rules.

Notice to joint bank liquidators

287.  Where 2 or more persons are acting jointly as the bank liquidator, delivery of a document to 1 of them is to be treated as delivery to them all.

“Insolvent estate”

288.  References to “the insolvent estate” are to the assets of the bank.

“Responsible insolvency practitioner”, etc.

289.  In relation to a bank insolvency, “the responsible insolvency practitioner” means the person acting in the bank insolvency as the bank liquidator or provisional bank liquidator.

“The appropriate fee”

290.  ”The appropriate fee” means 15 pence per A4 or A5 page, and 30 pence per A3 page.

“Debt”, “liability”

291.  (1)  Apply rule 13.12 of the 1986 Rules(1).

(2) Ignore paragraph (5).

Expressions used generally

292.  (1)  Apply rule 13.13 of the 1986 Rules(2).

(2) In paragraph (1) for “Rules 1.7” to “6.23” substitute “rule 10 of the Bank Insolvency Rules 2009”.

(3) In paragraph (5), after “Secretary of State” insert “or the Treasury”.

(4) In paragraph (7), for “Chapter 20 of Part 4 of these Rules, or Chapter 23 of Part 6” substitute “Part 16 of the Bank Insolvency Rules 2009”.

(5) Ignore paragraphs (8) to (14).

(6) In paragraph (15), after “section 176A(2)(a)” insert “as applied by section 103 of the Banking Act 2009”.

The Schedule

293.  The Schedule, which applies relevant schedules to the 1986 Rules to these rules with modifications, has effect.

(1)

The rule was substituted by S.I. 2006/1272.

(2)

Rule 13.13 was amended by S.I. 1999/1022 and S.I. 2003/1730.

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