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The Bank Administration Rules (Northern Ireland) 2009

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This is the original version (as it was originally made).

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules set out the procedure for the bank administration process under Part 3 of the Banking Act 2009.

The main features of bank administration are that:

(a)it is used where part of the business of a bank is sold to a commercial purchaser or transferred to a bridge bank in accordance with section 12;

(b)the court appoints a bank administrator on the application of the Bank of England;

(c)the bank administrator ensures that the non-sold or non-transferred part of the bank provides services or facilities to enable the commercial purchaser or bridge bank to operate effectively;

(d)the bank administrator has two objectives (Objective 1 – supporting the private purchaser or bridge bank; and Objective 2 – “normal administration”); and

(e)in other respects the process is the same as for normal administration under the Insolvency (Northern Ireland) Order 1989, subject to specified modifications.

Part 2 sets out special provisions about applications for bank administration.

Part 3 sets out special provisions about the bank administration process.

Part 4 sets out special provisions about court procedure and practice in connection with bank administration.

Part 5 of the Rules applies specified provisions of the Insolvency Rules (Northern Ireland) 1991 for general purposes in connection with bank administration, subject to a number of general and specific modifications.

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