The Insolvency (Amendment) Rules 1987

Amendment of Rule 12.3

143.—(1) In subparagraph (b) of paragraph (2) of Rule 12.3 there shall be added at the end the words “or section 1 of the Criminal Justice (Scotland) Act 1987”.

(2) After paragraph (2) of Rule 12.3 there shall be inserted the following paragraph:—

“(2A) The following are not provable except at a time when all other claims of creditors in the insolvency proceedings (other than any of a kind mentioned in this paragraph) have been paid in full with interest under section 189(2) or, as the case may be, section 328(4)—

(a) in a winding up or a bankruptcy, any claim arising by virtue of—

(i) section 6(3)(a) of the Financial Services Act 1986, not being a claim also arising by virtue of section 6(3)(b) of that Act, or

(ii) section 61(3)(a) of that Act, not being a claim also arising by virtue of section 61(3)(b) of that Act;

(b) in a winding up or a bankruptcy, any claim arising by virtue of section 49 of the Banking Act 1987;

(c) in a winding up, any claim which by virtue of the Act or any other enactment is a claim the payment of which in a bankruptcy or a winding up is to be postponed.”.