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The Investment Bank Special Administration Regulations 2011
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- UK Statutory Instruments
- 2011 No. 245
- Regulation 17
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Administrator's proposals in the event of [F1Appropriate regulator] directionU.K.
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17.—(1) Where the [F2FCA or the PRA] has given a direction under regulation 16, the administrator shall make a statement setting out proposals for achieving the special administration objectives in accordance with the F3... direction.
(2) The statement under paragraph (1) must deal with such matters as may be prescribed and may include—
(a)a proposal for a voluntary arrangement under Part 1 of the Insolvency Act (although this regulation is without prejudice to section 4(3) of that Act); or
(b)a proposal for a compromise or arrangement to be sanctioned under Part 26 of the Companies Act 2006 (arrangements and reconstructions).
(3) The statement shall be agreed with [F4the regulator which has given the direction].
(4) If the administrator is unable to agree the statement with [F4the regulator which has given the direction], the administrator may apply to the court for directions under paragraph 63 of Schedule B1 (as applied by regulation 15).
(5) Following an application under sub-paragraph (4), the court may—
(a)make an order dispensing with the need for agreement;
(b)adjourn the hearing conditionally or unconditionally; or
(c)make any other order that the court thinks appropriate.
(6) The court may make an order under sub-paragraph (5)(a) only if it considers that the proposals set out in the statement are reasonably likely to ensure that the administrator acts in accordance with the F5... direction.
(7) Where the court makes an order, the administrator shall as soon as possible send a copy of the order to the registrar of companies.
(8) After—
(a)the statement has been agreed with [F6the regulator which has given the direction]; or
(b)the court has made an order dispensing with the need for agreement,
paragraph 49(4) to (8) of Schedule B1 (as applied by regulation 15) shall then apply to the statement, but the administrator need not send the FSA a copy of the statement of proposals.
(9) Where, before the [F7FCA or the PRA] gives its direction under regulation 16, a meeting of creditors has approved the statement of proposals in accordance with paragraph 53 of Schedule B1 (as applied by regulation 15), that statement of proposals shall be ignored for the purposes of regulation 16, this regulation and paragraph 68 of Schedule B1 (as applied by regulation 15).
Textual Amendments
F1Words in reg. 17 heading substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 198(k)(i) (with Sch. 2 para. 213)
F2Words in reg. 17(1) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 198(k)(ii)(aa) (with Sch. 2 para. 213)
F3Word in reg. 17(1) omitted (1.4.2013) by virtue of The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 198(k)(ii)(bb) (with Sch. 2 para. 213)
F4Words in reg. 17(3)(4) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 198(k)(iii) (with Sch. 2 para. 213)
F5Word in reg. 17(6) omitted (1.4.2013) by virtue of The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 198(k)(iv) (with Sch. 2 para. 213)
F6Words in reg. 17(8) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 198(k)(iii) (with Sch. 2 para. 213)
F7Words in reg. 17(9) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 198(k)(v) (with Sch. 2 para. 213)
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