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The Bank Insolvency (No. 2) Rules (Northern Ireland) 2009

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PART 13N.I.SETTLEMENT OF LIST OF CONTRIBUTORIES

PreliminaryN.I.

153.  Apply rule 4.205 of the 1991 Rules.

Commencement Information

I1Rule 153 in operation at 1.4.2009, see rule 1(1)

Primacy of Objective 1N.I.

154.  Where the bank liquidator considers that the carrying out of a duty imposed by a rule in this Part would prejudice the achievement of Objective 1, the bank liquidator shall postpone the carrying out of that duty until he considers that the carrying out of the duty would no longer be likely to prejudice the achievement of that Objective.

Commencement Information

I2Rule 154 in operation at 1.4.2009, see rule 1(1)

Duty of liquidator to settle listN.I.

155.  Apply rule 4.206 of the 1991 Rules.

Commencement Information

I3Rule 155 in operation at 1.4.2009, see rule 1(1)

Form of listN.I.

156.  Apply rule 4.207 of the 1991 Rules.

Commencement Information

I4Rule 156 in operation at 1.4.2009, see rule 1(1)

Procedure for settling listN.I.

157.  Apply rule 4.208 of the 1991 Rules.

Commencement Information

I5Rule 157 in operation at 1.4.2009, see rule 1(1)

Application to court for variation of the listN.I.

158.—(1) Apply rule 4.209 of the 1991 Rules.

(2) For paragraph (2) substitute—

(2) A person may only apply under paragraph (1) before a full payment resolution has been passed with the consent of the bank liquidator.

(3) The application must be made within 21 days of—

(a)the service on the applicant of the bank liquidator’s notice under rule 157 (in its application of rule 4.208(4) of the 1991 Rules), or

(b)where the bank liquidator has consented under paragraph (2), the giving of the consent..

Commencement Information

I6Rule 158 in operation at 1.4.2009, see rule 1(1)

Variation of, or addition to, the listN.I.

159.—(1) Apply rule 4.210 of the 1991 Rules.

(2) For “Chapter”, substitute “Part”.

Commencement Information

I7Rule 159 in operation at 1.4.2009, see rule 1(1)

Costs not to fall on bank liquidatorN.I.

160.  The bank liquidator is not personally liable for any costs incurred by a person in respect of an application to set aside or vary the bank liquidator’s act or decision in settling the list of contributories, or varying or adding to the list, unless the court makes an order to that effect.

Commencement Information

I8Rule 160 in operation at 1.4.2009, see rule 1(1)

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