The Building Society Insolvency Rules (Northern Ireland) 2014

CHAPTER 1 APPLICATIONS (GENERAL)

Preliminary

182.  This Part applies to any application made to the court under Part 2 of the Banking Act or these Rules except an application under section 95 of the Banking Act for a building society insolvency order.

Interpretation

183.  Apply rule 7.06 of the 1991 Rules.

Form and contents of application

184.  Apply rule 7.07 of the 1991 Rules

Application under Article 150A(5) to disapply Article 150A

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

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

(3) Omit paragraph (2)(a).

Filing and service of application

186.  Apply rule 7.08 of the 1991 Rules.

Notice of application under Article 150A(5)

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

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

Other hearings without notice

188.  Apply rule 7.09 of the 1991 Rules.

Hearing of application

189.  Apply rule 7.03 of the 1991 Rules.

Use of affidavit evidence

190.  Apply rule 7.10 of the 1991 Rules.

Filing and service of affidavits

191.  Apply rule 7.11 of the 1991 Rules.

Use of reports

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

(a) the building society liquidator,

(b) the provisional building society liquidator, or

(c) the special manager.

(2) In any case where a report is filed instead of an affidavit, the report shall be treated for the purposes of rule 191 and any hearing before the court as if it were an affidavit.

Adjournment of hearing: directions

193.—(1) Apply rule 7.13 of the 1991 Rules.

(2) In paragraph (2)(c)(iii), for “rule 7.12(1)(b)” substitute “rule 192(1) of the 2014 Rules”.

(1)

Rule 7.07A was inserted by S.R. 2006 No. 47.

(2)

Rule 7.08A was inserted by S.R. 2006 No. 47.