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

PART 18 N.I. COURT PROCEDURE AND PRACTICE

CHAPTER 1 N.I. APPLICATIONS (GENERAL)

Preliminary N.I.

188.  This Part applies to any application made to the court under the 2009 Act or these Rules except an application under section 95 of the 2009 Act for a bank insolvency order.

Commencement Information

I1 Rule 188 in operation at 1.4.2009, see rule 1(1)

Interpretation N.I.

189.  Apply rule 7.06 of the 1991 Rules.

Commencement Information

I2 Rule 189 in operation at 1.4.2009, see rule 1(1)

Form and contents of application N.I.

190.  Apply rule 7.07 of the 1991 Rules.

Commencement Information

I3 Rule 190 in operation at 1.4.2009, see rule 1(1)

Application under Article 150A(5) to disapply Article 150A N.I.

191.—(1) Apply rule 7.07A(1) of the 1991 Rules.

(2) In paragraph (1), delete “administrator or receiver”.

(3) Delete paragraph (2)(a).

Commencement Information

I4 Rule 191 in operation at 1.4.2009, see rule 1(1)

Filing and service of application N.I.

192.  Apply rule 7.08 of the 1991 Rules.

Commencement Information

I5 Rule 192 in operation at 1.4.2009, see rule 1(1)

Notice of application under Article 150A(5) N.I.

193.—(1) Apply rule 7.08A(2) of the 1991 Rules.

(2) Delete from “save that notice” to “State liquidator”.

Commencement Information

I6 Rule 193 in operation at 1.4.2009, see rule 1(1)

Other hearings without notice N.I.

194.  Apply rule 7.09 of the 1991 Rules.

Commencement Information

I7 Rule 194 in operation at 1.4.2009, see rule 1(1)

Hearing of application N.I.

195.  Apply rule 7.03 of the 1991 Rules.

Commencement Information

I8 Rule 195 in operation at 1.4.2009, see rule 1(1)

Use of affidavit evidence N.I.

196.  Apply rule 7.10 of the 1991 Rules.

Commencement Information

I9 Rule 196 in operation at 1.4.2009, see rule 1(1)

Filing and service of affidavits N.I.

197.—(1) Apply rule 7.11 of the 1991 Rules.

(2) Delete paragraph (2).

Commencement Information

I10 Rule 197 in operation at 1.4.2009, see rule 1(1)

Use of reports N.I.

198.—(1) Unless the application involves other parties, or the court orders otherwise, a report may be filed in court instead of a witness statement by—

(a) the bank liquidator;

(b) the provisional bank liquidator; or

(c) the special manager.

(2) In any case where a report is filed instead of a witness statement, the report shall be treated for the purposes of rule 197 and any hearing before the court as if it were a witness statement.

Commencement Information

I11 Rule 198 in operation at 1.4.2009, see rule 1(1)

Adjournment of hearing: directions N.I.

199.  Apply rule 7.13 of the 1991 Rules.

Commencement Information

I12 Rule 199 in operation at 1.4.2009, see rule 1(1)

CHAPTER 3 N.I. SHORTHAND WRITERS

Nomination and appointment of shorthand writers N.I.

200.—(1) Apply rule 7.14 of the 1991 Rules.

(2) In paragraph (2) delete “113” and “263 or 337”.

(3) Delete paragraph (3).

Commencement Information

I13 Rule 200 in operation at 1.4.2009, see rule 1(1)

Remuneration N.I.

201.  Apply rule 7.16 of the 1991 Rules.

Commencement Information

I14 Rule 201 in operation at 1.4.2009, see rule 1(1)

CHAPTER 4 N.I. ENFORCEMENT PROCEDURES

Enforcement of court orders N.I.

202.—(1) Apply rule 7.19 of the 1991 Rules.

(2) Delete paragraph (2).

Commencement Information

I15 Rule 202 in operation at 1.4.2009, see rule 1(1)

Orders enforcing compliance with the rules N.I.

203.—(1) The court may on application of the bank liquidator, or the provisional 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 Order (liquidator to furnish information, books, papers etc.); or

(b) Article 199 of the Order (duty to cooperate with liquidator).

(2) An order of the court under this Rule may provide that all costs of and incidental to the application for it shall be borne by the person against whom the order is made.

Commencement Information

I16 Rule 203 in operation at 1.4.2009, see rule 1(1)

Warrants (general provisions) N.I.

204.—(1) A warrant issued by the court under any provision of the Order shall be addressed to such officer of the High Court as the warrant specifies, or to any constable.

(2) The person described in Article 199(3) of the Order as the prescribed officer of the court is the tipstaff and his assistants of the court.

(3) In this Chapter references to property include books, paper and records.

Commencement Information

I17 Rule 204 in operation at 1.4.2009, see rule 1(1)

Warrants under Article 200 N.I.

205.—(1) Apply rule 7.22 of the 1991 Rules.

(2) In paragraph (1), delete “or 337 (the equivalent in bankruptcy),”.

Commencement Information

I18 Rule 205 in operation at 1.4.2009, see rule 1(1)

CHAPTER 5 N.I. COURT RECORDS AND RETURNS

Title of proceedings N.I.

206.  Every proceeding under Part 2 of the 2009 Act shall, with any necessary additions, be titled “IN THE MATTER OF ………. (naming the bank to which the proceedings relate) AND IN THE MATTER OF THE BANKING ACT 2009”.

Commencement Information

I19 Rule 206 in operation at 1.4.2009, see rule 1(1)

Court records N.I.

207.  Apply rule 7.24 of the 1991 Rules.

Commencement Information

I20 Rule 207 in operation at 1.4.2009, see rule 1(1)

Inspection of records N.I.

208.  Apply rule 7.25 of the 1991 Rules.

Commencement Information

I21 Rule 208 in operation at 1.4.2009, see rule 1(1)

File of court proceedings and inspection N.I.

209.—(1) The Court shall open and maintain a file for each bank insolvency and (subject to the direction of the registrar) all documents relating to that bank 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 bank liquidator;

(b) any person stating in writing that they are a creditor of the bank to which the bank insolvency relates; and

(c) a member of the bank;

(d) any person who is, or at any time has been, a director or officer of the bank to which the bank insolvency relates;

(e) any person who is a contributory of the bank to which the bank insolvency relates; and

(f) the Bank of England, the FSA and 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 special leave 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 bank liquidator or by any party appearing to the court to have an interest in the bank insolvency.

(7) If for the purposes of powers conferred by the Order, the 2009 Act or these Rules the Department requires to inspect the file on a bank 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 208 applies in respect of the court’s records on any bank insolvency as they apply in respect of court records of general insolvency proceedings.

Commencement Information

I22 Rule 209 in operation at 1.4.2009, see rule 1(1)

Filing of Gazette notices and advertisements N.I.

210.—(1) Apply rule 7.28 of the 1991 Rules.

(2) In paragraph (3) for “An officer of the court” substitute “The bank liquidator”.

(3) In paragraph (4) for “The officer’s” substitute “the bank liquidator’s”.

Commencement Information

I23 Rule 210 in operation at 1.4.2009, see rule 1(1)

CHAPTER 6 N.I. COSTS AND DETAILED ASSESSMENT

Application of the Supreme Court Rules N.I.

211.  Apply rule 7.29 of the 1991 Rules.

Commencement Information

I24 Rule 211 in operation at 1.4.2009, see rule 1(1)

Requirement to assess costs by the detailed procedure N.I.

212.—(1) Apply rule 7.30 of the 1991 Rules.

(2) In paragraph (1)—

(a) for “company insolvency” and “liquidation”, substitute “bank insolvency”; and

(b) delete sub-paragraph (b).

(3) In paragraph (2) delete “or creditors’”.

(4) In paragraph (3) for “insolvency proceedings” substitute “a bank insolvency ”;

(5) In paragraph (5) for “trustee in bankruptcy or a liquidator ” substitute “bank liquidator”;

(6) Delete paragraph (6).

Commencement Information

I25 Rule 212 in operation at 1.4.2009, see rule 1(1)

Procedure where detailed assessment required N.I.

213.  Apply rule 7.32 of the 1991 Rules.

Commencement Information

I26 Rule 213 in operation at 1.4.2009, see rule 1(1)

Cost of officers charged with executions of writs or other process N.I.

214.—(1) Apply rule 7.31 of the 1991 Rules.

(2) In Paragraph (1) for “insolvency proceedings” substitute “a bank insolvency”.

(3) Delete paragraph (9)

Commencement Information

I27 Rule 214 in operation at 1.4.2009, see rule 1(1)

Costs paid otherwise than out of the insolvent estate N.I.

215.  Apply rule 7.34 of the 1991 Rules.

Commencement Information

I28 Rule 215 in operation at 1.4.2009, see rule 1(1)

Award of costs against responsible insolvency practitioner N.I.

216.—(1) Apply rule 7.35 of the 1991 Rules.

(2) For “Without prejudice” to “the official receiver or” substitute “Where”.

Commencement Information

I29 Rule 216 in operation at 1.4.2009, see rule 1(1)

Application for costs N.I.

217.—(1) Apply rule 7.36 of the 1991 Rules.

(2) In paragraph (1) for “insolvency” substitute “bank insolvency”.

(3) In paragraph (2), delete “, and, in a winding up by the court or bankruptcy, on the official receiver”;

(4) In paragraph (3), delete “and, where appropriate, the official receiver”.

Commencement Information

I30 Rule 217 in operation at 1.4.2009, see rule 1(1)

Costs and expenses of witnesses N.I.

218.—(1) Apply rule 7.37 of the 1991 Rules.

(2) In paragraph (1), delete “the bankrupt or”.

(3) Delete paragraph (2).

Commencement Information

I31 Rule 218 in operation at 1.4.2009, see rule 1(1)

CHAPTER 7 N.I. PERSONS INCAPABLE OF MANAGING THEIR AFFAIRS

Introductory N.I.

219.  Apply rule 7.38 of the 1991 Rules.

Commencement Information

I32 Rule 219 in operation at 1.4.2009, see rule 1(1)

Appointment of another person to act N.I.

220.—(1) Apply rule 7.39 of the 1991 Rules.

(2) Delete paragraph (3)(c).

Commencement Information

I33 Rule 220 in operation at 1.4.2009, see rule 1(1)

Affidavit in support of application N.I.

221.—(1) Apply rule 7.40 of the 1991 Rules.

(2) In paragraph (1) delete from the beginning to “receiver”.

(3) Delete paragraph (2).

Commencement Information

I34 Rule 221 in operation at 1.4.2009, see rule 1(1)

Service of notices following appointment N.I.

222.  Apply rule 7.41 of the 1991 Rules.

Commencement Information

I35 Rule 222 in operation at 1.4.2009, see rule 1(1)

CHAPTER 8 N.I. APPEALS IN BANK INSOLVENCY PROCEEDINGS

Appeals and review of court orders N.I.

223.—(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 2009 Act.

(2) An appeal from a decision of a registrar of the High Court lies, with the permission of the registrar 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.

(4) A bank insolvency order made under rule 16 cannot be appealed under this rule.

Commencement Information

I36 Rule 223 in operation at 1.4.2009, see rule 1(1)

Procedure on appeal N.I.

224.  Apply rule 7.42 of the 1991 Rules.

Commencement Information

I37 Rule 224 in operation at 1.4.2009, see rule 1(1)

Appeal against a decision of the Department N.I.

225.—(1) Apply rule 7.44 of the 1991 Rules.

(2) In paragraph (1) delete “or the official receiver”.

(3) Delete paragraph (2).

Commencement Information

I38 Rule 225 in operation at 1.4.2009, see rule 1(1)

CHAPTER 9 N.I. GENERAL

Principal court rules and practice to apply N.I.

226.  The Rules of the Supreme Court (Northern Ireland) 1980(3) and the practice and procedure of the High Court (including any practice direction) apply to bank insolvency proceedings in the High Court, with any necessary modifications, except so far as is inconsistent with these Rules.

Commencement Information

I39 Rule 226 in operation at 1.4.2009, see rule 1(1)

Right of attendance N.I.

227.—(1) Apply rule 7.47 of the 1991 Rules.

(2) For “company” substitute “bank”.

Commencement Information

I40 Rule 227 in operation at 1.4.2009, see rule 1(1)

Restriction on concurrent proceedings and remedies N.I.

228.  Where in a bank insolvency, the court makes an order staying any action, execution or legal process against the property of the bank, service of the order may be effected by delivering a sealed copy by personal service to the applicant for the bank insolvency order.

Commencement Information

I41 Rule 228 in operation at 1.4.2009, see rule 1(1)

Security in court N.I.

229.  Apply rule 7.53 of the 1991 Rules.

Commencement Information

I42 Rule 229 in operation at 1.4.2009, see rule 1(1)

Further information and disclosure N.I.

230.—(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)(b) if satisfied that granting the order is unlikely to prejudice the achievement of Objective 1.”.

Commencement Information

I43 Rule 230 in operation at 1.4.2009, see rule 1(1)

Office copies of documents N.I.

231.  Apply rule 7.55 of the 1991 Rules.

Commencement Information

I44 Rule 231 in operation at 1.4.2009, see rule 1(1)

(1)

Rule 7.07A was inserted by the Insolvency (Amendment) Rules (Northern Ireland) 2006 (S.R. 2006 No. 47), rule 97.

(2)

Rule 7.08A was inserted by the Insolvency (Amendment) Rules (Northern Ireland) 2006 (S.R. 2006 No. 47), rule 98.

(3)

S.R. 1980 No. 346