182. This Part applies to any application made to the court under Part 2 of the Banking Act or these Rules except an application under section 95 of the Banking Act for a building society insolvency order.
183. Apply rule 7.06 of the 1991 Rules.
184. Apply rule 7.07 of the 1991 Rules
185.—(1) Apply rule 7.07A(1) of the 1991 Rules.
(2) In paragraph (1), omit “administrator or receiver”.
(3) Omit paragraph (2)(a).
186. Apply rule 7.08 of the 1991 Rules.
187.—(1) Apply rule 7.08A(2) of the 1991 Rules.
(2) Omit from “save that notice” to “State liquidator”.
188. Apply rule 7.09 of the 1991 Rules.
189. Apply rule 7.03 of the 1991 Rules.
190. Apply rule 7.10 of the 1991 Rules.
191. Apply rule 7.11 of the 1991 Rules.
192.—(1) Unless the application involves other parties, or the court orders otherwise, a report may be filed in court instead of an affidavit by—
(a)the building society liquidator,
(b)the provisional building society liquidator, or
(c)the special manager.
(2) In any case where a report is filed instead of an affidavit, the report shall be treated for the purposes of rule 191 and any hearing before the court as if it were an affidavit.
193.—(1) Apply rule 7.13 of the 1991 Rules.
(2) In paragraph (2)(c)(iii), for “rule 7.12(1)(b)” substitute “rule 192(1) of the 2014 Rules”.
194.—(1) Apply rule 7.14 of the 1991 Rules.
(2) In paragraph (2) omit “113” and “263 or 337”.
(3) Omit paragraph (3).
195. Apply rule 7.16 of the 1991 Rules.
196. Apply rule 7.19 of the 1991 Rules.
197.—(1) The court may on application of the building society liquidator, or the provisional building society liquidator as the case may be, make such orders as it thinks necessary for the enforcement of obligations falling on any person in accordance with—
(a)Article 121(2) of the 1989 Order (“General functions in winding up by the High Court”); or
(b)Article 199 of the 1989 Order (“Duty to cooperate with office holder”).
(2) An order of the court under this rule may provide that all the costs of and incidental to the application for it shall be borne by the person against whom the order is made.
198.—(1) A warrant issued by the court under any provision of the 1989 Order shall be addressed to such officer of the court as the warrant specifies, or to any constable.
(2) In this Chapter references to property include books, papers and records.
199.—(1) Apply rule 7.22 of the 1991 Rules.
(2) In paragraph (1), omit “or 337 (the equivalent in bankruptcy),”.
200. Every proceeding under Part 2 of the Banking Act shall, with any necessary additions, be titled “IN THE MATTER OF ………. (naming the building society to which the proceedings relate) AND IN THE MATTER OF THE BANKING ACT 2009”.
201. Apply rule 7.24 of the 1991 Rules.
202. Apply rule 7.25 of the 1991 Rules.
203.—(1) The Court shall open and maintain a file for each building society insolvency and (subject to the direction of the Master) all documents relating to that building society insolvency shall be placed on that file.
(2) Where a file has been opened under paragraph (1), the following have the right, at all reasonable times, to inspect that file—
(a)the building society liquidator;
(b)any person stating in writing that they are a creditor of the society to which the building society insolvency relates;
(c)a member of the society;
(d)any person who is, or at any time has been, a director or officer of the society to which the building society insolvency relates;
(e)any person who is a contributory of the society to which the building society insolvency relates;
(f)the Bank of England;
(g)the appropriate regulator; and
(h)the FSCS.
(3) The right of inspection conferred on any person by paragraph (2) may be exercised on their behalf by a person properly authorised by them.
(4) Any person may, with permission of the court, inspect the file.
(5) The right of inspection conferred by this rule is not exercisable in respect of documents, or parts of documents, which the court has directed (either generally or specially) are not to be open to inspection without the court’s permission.
(6) An application for a direction of the court under paragraph (5) may be made by the building society liquidator or by any party appearing to the court to have an interest in the building society insolvency.
(7) If for the purposes of powers conferred by the 1989 Order, the Banking Act or these Rules the Department wishes to inspect the file on a building society insolvency and requests the court to transmit the file to it, the court shall comply with the request or, if the file is for the time being in use for the court’s own purposes, as soon as the file is no longer in such use.
(8) Rule 202 applies in respect of the court’s records on any building society insolvency as it applies in respect of court records of general insolvency proceedings.
204. Apply rule 7.29 of the 1991 Rules.
205.—(1) Apply rule 7.30 of the 1991 Rules(3).
(2) In paragraph (1) for sub-paragraphs (a) and (b) substitute—
“in relation to, or as an expense of a building society insolvency,”.
(3) In paragraph (2) omit “or creditors’”;
(4) In paragraph (5) for “trustee in bankruptcy or a liquidator” substitute “building society liquidator”;
(5) Omit paragraph (6).
206.—(1) — Apply rule 7.31 of the 1991 Rules.
(2) In paragraph (1), for “insolvency proceedings”, substitute “a building society insolvency”.
(3) Omit paragraph (9)
207. Apply rule 7.32 of the 1991 Rules.
208. Apply rule 7.34 of the 1991 Rules.
209.—(1) Apply rule 7.35 of the 1991 Rules.
(2) For “Without prejudice” to “the official receiver or” substitute “Where”.
210.—(1) Apply rule 7.36 of the 1991 Rules.
(2) In paragraph (1) for “insolvency” substitute “building society insolvency”.
(3) In paragraph (2), omit “, and, in a winding up by the court or bankruptcy, on the official receiver”;
(4) In paragraph (3), omit “and, where appropriate, the official receiver”.
211.—(1) Apply rule 7.37 of the 1991 Rules.
(2) In paragraph (1), omit “the bankrupt or”.
(3) Omit paragraph (2).
212. Order 62, rule 22 of the Rules of the Court of Judicature (Northern Ireland) 1980(4) applies in respect of the certification of such measurement as it applies in respect of the issue of a certificate of taxation, with the necessary modifications.
213. Apply rule 7.38 of the 1991 Rules.
214.—(1) Apply rule 7.39 of the 1991 Rules.
(2) Omit paragraph (3)(c).
215.—(1) Apply rule 7.40 of the 1991 Rules.
(2) In paragraph (1) omit from the beginning to “receiver”.
(3) Omit paragraph (2).
216. Apply rule 7.41 of the 1991 Rules.
217.—(1) The High Court may review, rescind or vary any order made by it in the exercise of its jurisdiction under Part 2 of the Banking Act.
(2) An appeal from a decision of a Master of the High Court lies, with the permission of the Master or a judge of the High Court, to a single judge of the High Court, and a second appeal lies, with the permission of the Court of Appeal to the Court of Appeal.
(3) An appeal of a decision of first instance of a judge of the High Court lies, with the permission of the judge or the Court of Appeal, to the Court of Appeal.
218. Apply rule 7.42 of the 1991 Rules.
219.—(1) Apply rule 7.44 of the 1991 Rules.
(2) Omit paragraph (2).
220. The Rules of the Court of Judicature (Northern Ireland) 1980(5) and the practice and procedure of the High Court (including any practice direction) apply to building society insolvency proceedings in the High Court, with any necessary modifications, except so far as is inconsistent with these Rules.
221.—(1) Apply rule 7.47 of the 1991 Rules.
(2) For “company” substitute “building society”.
222. Where in a building society insolvency, the court makes an order staying any action, execution or legal process against the property of the society, service of the order may be effected by delivering a sealed copy to the address for service of the plaintiff or other person having the carriage of the proceedings to be stayed.
223. Apply rule 7.53 of the 1991 Rules.
224. Order 22 of the Rules of the Court of Judicature (Northern Ireland) 1980 applies.
225.—(1) Apply rule 7.54 of the 1991 Rules.
(2) After paragraph (2) insert—
“(3) Before the passing of a full payment resolution the court shall only grant an order on an application under paragraph (1) if satisfied that granting the order is unlikely to prejudice the achievement of Objective 1.”.
226. Apply rule 7.55 of the 1991 Rules.
Rule 7.07A was inserted by S.R. 2006 No. 47.
Rule 7.08A was inserted by S.R. 2006 No. 47.
Rule 7.30(1) was amended by S.R. 2008 No. 118.
S.R. 1980 No. 346, as amended by the Constitutional Reform Act 2005 (c.4), section 59 and Schedule 11.
S.R. 1980 No. 346, as amended by the Constitutional Reform Act 2005 (c.4), section 59 and Schedule 11.