PART 12Provisions of general effect
CHAPTER 1Miscellaneous and general
Costs, expenses etcI1245
1
All fees, costs, charges and other expenses incurred in the course of the special administration are, unless otherwise stated, to be regarded as expenses of the special administration.
2
The costs associated with the prescribed part must be paid out of the prescribed part.
Provable debtsI2246
1
Except as provided in this rule, all claims by creditors are provable as debts against the institution whether they are present or future, certain or contingent, ascertained or sounding only in damages.
2
Obligations arising under Part 2, 3 or 4 of the Proceeds of Crime Act 200226 are not provable.
3
The following claims are not provable until all other claims of creditors have been paid in full with interest under rule 135:
a
any claim arising by virtue of section 382(1)(a) of the FSMA 200027, unless it is also a claim arising by virtue of section 382(1)(b) of that Act;
b
any claim which by virtue of the IA 1986 or any other enactment is a claim the payment of which in a special administration is to be postponed.
4
Nothing in this rule prejudices any enactment or rule of law under which a particular kind of debt is not provable.
False representation of status for purpose of inspecting documentsI3247
1
It is an offence for a person who does not have a right under these Rules to inspect a relevant document falsely to claim to be a creditor, customer, member of the institution or contributory of the institution with the intention of gaining sight of the relevant document.
2
A relevant document is one which is on the court file or in the hands of the administrator or any other person and which a creditor, customer, member of the institution or contributory of the institution has a right to inspect under these Rules.
3
A person guilty of an offence under this rule is liable to imprisonment or a fine, or both, as set out in the Schedule.
Punishment of offencesI4248
The Schedule has effect with respect to the ways in which certain contraventions of the Rules are punishable.