The Bank Administration Rules (Northern Ireland) 2009

PART 4 N.I. Court Procedure and Practice

Introduction N.I.

50.  This Part makes specific provision for a number of aspects of proceedings under Part 3 of the 2009 Act (bank administration); Part 5 of these Rules applies a number of provisions of the 1991 Rules to proceedings under the 2009 Act (with specified modifications).

Commencement Information

I1 Rule 50 in operation at 25.2.2009, see rule 2

Title of proceedings N.I.

51.  Proceedings under Part 3 of the 2009 Act shall be entitled “IN THE MATTER OF … (naming the bank to which the proceedings relate) AND IN THE MATTER OF PART 3 OF THE BANKING ACT 2009”.

Commencement Information

I2 Rule 51 in operation at 25.2.2009, see rule 2

Right to inspect file N.I.

52.  The following have the right, at all reasonable times, to inspect the court’s file in respect of bank administration proceedings—

(a) the bank administrator or provisional bank administrator;

(b) a person who is or was a director or officer of the bank;

(c) a member of the bank;

(d) any person stating himself in writing to be a creditor of the bank;

(e) any person stating himself in writing to be a contributory in respect of the bank;

(f) the Bank of England;

(g) the FSA; and

(h) the FSCS.

Commencement Information

I3 Rule 52 in operation at 25.2.2009, see rule 2

53.  A right of inspection may be exercised on a person’s behalf by anyone authorised by him in writing.

Commencement Information

I4 Rule 53 in operation at 25.2.2009, see rule 2

54.  Any person may, with permission of the court, inspect the court’s file in respect of bank administration proceedings.

Commencement Information

I5 Rule 54 in operation at 25.2.2009, see rule 2

55.  A right of inspection is not exercisable in the case of documents, or parts of documents, as to which the court directs that they are not to be made open to inspection without the court’s permission; and an application for a direction may be made by—

(a) the bank administrator or provisional bank administrator; or

(b) any person appearing to the court to have an interest.

Commencement Information

I6 Rule 55 in operation at 25.2.2009, see rule 2

56.  Rule 7.25(2) and (3) of the 1991 Rules (as applied by Rule 58) apply in respect of the court’s file of bank administration proceedings as they apply in respect of court records.

Commencement Information

I7 Rule 56 in operation at 25.2.2009, see rule 2

57.  Proceedings under Articles 177 and 178 of the Order (fraudulent and wrongful trading) shall be conducted in accordance with Article 179 of that Order subject to the modifications specified in section 145 of the 2009 Act.

Commencement Information

I8 Rule 57 in operation at 25.2.2009, see rule 2