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There are currently no known outstanding effects for the The Bank Insolvency (No. 2) Rules (Northern Ireland) 2009, PART 18.
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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
I1Rule 188 in operation at 1.4.2009, see rule 1(1)
189. Apply rule 7.06 of the 1991 Rules.
Commencement Information
I2Rule 189 in operation at 1.4.2009, see rule 1(1)
190. Apply rule 7.07 of the 1991 Rules.
Commencement Information
I3Rule 190 in operation at 1.4.2009, see rule 1(1)
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
I4Rule 191 in operation at 1.4.2009, see rule 1(1)
192. Apply rule 7.08 of the 1991 Rules.
Commencement Information
I5Rule 192 in operation at 1.4.2009, see rule 1(1)
193.—(1) Apply rule 7.08A(2) of the 1991 Rules.
(2) Delete from “save that notice” to “State liquidator”.
Commencement Information
I6Rule 193 in operation at 1.4.2009, see rule 1(1)
194. Apply rule 7.09 of the 1991 Rules.
Commencement Information
I7Rule 194 in operation at 1.4.2009, see rule 1(1)
195. Apply rule 7.03 of the 1991 Rules.
Commencement Information
I8Rule 195 in operation at 1.4.2009, see rule 1(1)
196. Apply rule 7.10 of the 1991 Rules.
Commencement Information
I9Rule 196 in operation at 1.4.2009, see rule 1(1)
197.—(1) Apply rule 7.11 of the 1991 Rules.
(2) Delete paragraph (2).
Commencement Information
I10Rule 197 in operation at 1.4.2009, see rule 1(1)
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
I11Rule 198 in operation at 1.4.2009, see rule 1(1)
199. Apply rule 7.13 of the 1991 Rules.
Commencement Information
I12Rule 199 in operation at 1.4.2009, see rule 1(1)
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
I13Rule 200 in operation at 1.4.2009, see rule 1(1)
201. Apply rule 7.16 of the 1991 Rules.
Commencement Information
I14Rule 201 in operation at 1.4.2009, see rule 1(1)
202.—(1) Apply rule 7.19 of the 1991 Rules.
(2) Delete paragraph (2).
Commencement Information
I15Rule 202 in operation at 1.4.2009, see rule 1(1)
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
I16Rule 203 in operation at 1.4.2009, see rule 1(1)
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
I17Rule 204 in operation at 1.4.2009, see rule 1(1)
205.—(1) Apply rule 7.22 of the 1991 Rules.
(2) In paragraph (1), delete “or 337 (the equivalent in bankruptcy),”.
Commencement Information
I18Rule 205 in operation at 1.4.2009, see rule 1(1)
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
I19Rule 206 in operation at 1.4.2009, see rule 1(1)
207. Apply rule 7.24 of the 1991 Rules.
Commencement Information
I20Rule 207 in operation at 1.4.2009, see rule 1(1)
208. Apply rule 7.25 of the 1991 Rules.
Commencement Information
I21Rule 208 in operation at 1.4.2009, see rule 1(1)
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
I22Rule 209 in operation at 1.4.2009, see rule 1(1)
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
I23Rule 210 in operation at 1.4.2009, see rule 1(1)
211. Apply rule 7.29 of the 1991 Rules.
Commencement Information
I24Rule 211 in operation at 1.4.2009, see rule 1(1)
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
I25Rule 212 in operation at 1.4.2009, see rule 1(1)
213. Apply rule 7.32 of the 1991 Rules.
Commencement Information
I26Rule 213 in operation at 1.4.2009, see rule 1(1)
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
I27Rule 214 in operation at 1.4.2009, see rule 1(1)
215. Apply rule 7.34 of the 1991 Rules.
Commencement Information
I28Rule 215 in operation at 1.4.2009, see rule 1(1)
216.—(1) Apply rule 7.35 of the 1991 Rules.
(2) For “Without prejudice” to “the official receiver or” substitute “Where”.
Commencement Information
I29Rule 216 in operation at 1.4.2009, see rule 1(1)
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
I30Rule 217 in operation at 1.4.2009, see rule 1(1)
218.—(1) Apply rule 7.37 of the 1991 Rules.
(2) In paragraph (1), delete “the bankrupt or”.
(3) Delete paragraph (2).
Commencement Information
I31Rule 218 in operation at 1.4.2009, see rule 1(1)
219. Apply rule 7.38 of the 1991 Rules.
Commencement Information
I32Rule 219 in operation at 1.4.2009, see rule 1(1)
220.—(1) Apply rule 7.39 of the 1991 Rules.
(2) Delete paragraph (3)(c).
Commencement Information
I33Rule 220 in operation at 1.4.2009, see rule 1(1)
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
I34Rule 221 in operation at 1.4.2009, see rule 1(1)
222. Apply rule 7.41 of the 1991 Rules.
Commencement Information
I35Rule 222 in operation at 1.4.2009, see rule 1(1)
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
I36Rule 223 in operation at 1.4.2009, see rule 1(1)
224. Apply rule 7.42 of the 1991 Rules.
Commencement Information
I37Rule 224 in operation at 1.4.2009, see rule 1(1)
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
I38Rule 225 in operation at 1.4.2009, see rule 1(1)
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
I39Rule 226 in operation at 1.4.2009, see rule 1(1)
227.—(1) Apply rule 7.47 of the 1991 Rules.
(2) For “company” substitute “bank”.
Commencement Information
I40Rule 227 in operation at 1.4.2009, see rule 1(1)
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
I41Rule 228 in operation at 1.4.2009, see rule 1(1)
229. Apply rule 7.53 of the 1991 Rules.
Commencement Information
I42Rule 229 in operation at 1.4.2009, see rule 1(1)
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
I43Rule 230 in operation at 1.4.2009, see rule 1(1)
231. Apply rule 7.55 of the 1991 Rules.
Commencement Information
I44Rule 231 in operation at 1.4.2009, see rule 1(1)
Rule 7.07A was inserted by the Insolvency (Amendment) Rules (Northern Ireland) 2006 (S.R. 2006 No. 47), rule 97.
Rule 7.08A was inserted by the Insolvency (Amendment) Rules (Northern Ireland) 2006 (S.R. 2006 No. 47), rule 98.
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