{
  "url": "https://openlegislation.uk/bank-administration-england-and-wales-rules-2009/rule-61",
  "json_url": "https://openlegislation.uk/bank-administration-england-and-wales-rules-2009/rule-61.json",
  "legislation": "uksi/2009/357",
  "legislation_title": "The Bank Administration (England and Wales) Rules 2009",
  "legislation_url": "https://openlegislation.uk/bank-administration-england-and-wales-rules-2009",
  "path": "rule/61",
  "kind": "rule",
  "number": "61",
  "heading": "Table of applications and specific modifications",
  "text": "This Rule contains the Table of applied provisions of the Insolvency Rules 1986.\nRule\nSubject\nSpecific modifications\nPreparatory steps\n2.27\nNotification and advertisement of administrator’s appointment\nIn paragraph (1), ignore “and once in such newspaper”. Ignore paragraph (2)(a) and (b).\n2.28\nNotice requiring statement of affairs\n2.29\nVerification and filing\n2.30\nLimited disclosure\nOn an application for disclosure under paragraph (4) any of the following may appear and be heard, or make written representations—\n(a) the bank administrator,\n(b) the Bank of England, and\n(c) the FSA.\n2.31\nRelease from duty to submit statement of affairs; extension of time\nOn an application under paragraph (2) for release or extension of time any of the following may appear and be heard, or make written representations—\n(a) the bank administrator,\n(b) the Bank of England, and\n(c) the FSA.\n2.32\nExpenses of statement of affairs\nBank administrator’s proposals and creditors’ meetings\n2.33\nAdministrator’s proposals\nRule 2.33 is not applied – but equivalent provision is made by Part 3 of these Rules.\n2.34\nMeetings to consider administrator’s proposals\n(1) Rule 2.34 applies in the Objective 2 Stage.\n(2) The FSA and the FSCS are added to the list in paragraph (2) of persons entitled to notice.\n2.35\nCreditors’ meetings generally\nThe FSA and the FSCS are added to the list in paragraph (3) of persons to whose convenience the bank administrator is to have regard.\n2.36\nChairman at meetings\n2.37\nMeeting requisitioned by creditors\nTreat the reference to the administrator’s statement of proposals as a reference to the bank administrator’s statement of proposals in accordance with Rule 29 above.\n2.38\nEntitlement to vote\n2.39\nAdmission and rejection of claims\n2.40\nSecured creditors\n2.41\nHolders of negotiable instruments\n2.42\nHire-purchase, conditional sale and chattel leasing agreements\n2.43\nResolutions\n2.44\nMinutes\n2.45\nRevision of the administrator’s proposals\nIn paragraph (2)(c) ignore the reference to the person making the appointment.\n2.46\nNotice to creditors\n2.47\nReports to creditors\nRule 2.47 is not applied – but equivalent provision is made by Part 3 of these Rules.\n2.48\nCorrespondence instead of creditors’ meetings\n2.49\nVenue and conduct of company meeting\nCreditors’ committee\n2.50\nConstitution of committee\n(A creditors’ committee cannot be established until the Objective 2 Stage – see the modifications for the application of paragraphs 50 to 58 of Schedule B1 to the Insolvency Act 1986 in Table 1 in section 145 of the Banking Act 2009.)\n2.51\nFormalities of establishment\n2.52\nFunctions and meetings of the committee\n2.53\nThe chairman at meetings\n2.54\nQuorum\n2.55\nCommittee-members’ representatives\n2.56\nResignation\n2.57\nTermination of membership\n2.58\nRemoval\n2.59\nVacancies\n2.60\nProcedure at meetings\n2.61\nResolutions of creditors’ committee by post\n2.62\nInformation from administrator\n2.63\nExpenses of members\n2.64\nMembers dealing with the company\nIn respect of any application to set aside a transaction under paragraph (2)—\n(a) notice of the application must be given to the FSA, and\n(b) the FSA may appear and be heard.\n2.65\nFormal defects\nProcess of administration\n2.66\nApplication to court to dispose of charged property\nIf an application is made during the Objective 1 Stage, then in addition to the requirements of Rule 2.66—\n(a) the bank administrator must notify the Bank of England of the time and place of the hearing,\n(b) the Bank of England may appear, and\n(c) if an order is made the bank administrator must send a copy to the Bank of England as soon as is reasonably practicable.\n2.67\nPriority of expenses of administration\nIn addition to the matters listed in Rule 2.67(1), expenses in connection with provisional bank administration are payable in the following order of priority—\n(a) the cost of any security provided by the provisional bank administrator takes priority equally with security provided by the bank administrator, and\n(b) the remuneration of the provisional bank administrator ranks next, and\n(c) any deposit lodged on an application for the appointment of a provisional bank administrator ranks next.\n2.68\nDistributions to creditors: introduction\n(Distributions in the case of bank administration following transfer to a bridge bank under section 12(2) of the Banking Act 2009 and during the Objective 1 Stage require the Bank of England’s consent – see the modification for the application of paragraph 65 of Schedule B1 to the Insolvency Act 1986 in Table 1 in section 145 of the Banking Act 2009.)\n2.69\nDebts of insolvent company to rank equally\n2.70\nDividends: supplementary\n2.71\nDivision of unsold assets\n2.72\nProving a debt\n2.73\nClaim established by witness statement\n2.74\nCosts of proving\n2.75\nAdministrator to allow inspection of proofs\n2.76\nNew administrator: transfer of proofs\n2.77\nAdmission and rejection of proofs for dividend\n2.78\nAppeal against decision on proof\nIn respect of any application under Rule 2.78(1) or (2)—\n(a) notice of the application must be given to the FSA and, during the Objective 1 Stage, the Bank of England, and\n(b) the FSA, and the Bank of England during the Objective 1 Stage, may appear and be heard.\n2.79\nWithdrawal or variation of proof\n2.80\nExpunging of proof by the court\nIn respect of any application under Rule 2.80(1)(b)—\n(a) notice of the application must be given to the FSA and, during the Objective 1 Stage, the Bank of England, and\n(b) the FSA, and the Bank of England during the Objective 1 Stage, may appear and be heard.\n2.81\nEstimate of quantum of claims\n2.82\nNegotiable instruments etc.\n2.83\nSecured creditors\n2.84\nDiscounts\n2.85\nMutual credit and set-off\n2.86\nDebt in foreign currency\n2.87\nPeriodical payments\n2.88\nInterest\n2.89\nDebt payable in future\n2.90\nValue of security\n2.91\nSurrender for non-disclosure\n2.92\nRedemption by administrator\n2.93\nTest of security’s value\n2.94\nRealisation of security by creditor\n2.95\nNotice of proposed distribution\nThe following are added to the list of those entitled to receive notice under Rule 2.95(2)—\n(a) the FSA,\n(b) the FSCS, and\n(c) during the Objective 1 Stage of a bank administration following transfer to a bridge bank under section 12(2) of the Banking Act 2009, the Bank of England.\n2.96\nAdmission or rejection of proofs\n2.97\nDeclaration of dividend\n2.98\nNotice of declaration of dividend\n(1) The following are added to the list of those entitled to receive notice under Rule 2.98(1)—\n(a) the FSA,\n(b) the FSCS, and\n(c) during the Objective 1 Stage of a bank administration following transfer to a bridge bank under section 12(2) of the Banking Act 2009, the Bank of England.\n(2) In the case of bank administration following transfer to a bridge bank under section 12(2) of the Banking Act 2009 and during the Objective 1 Stage, the particulars required by rule 2.98(2) include details of any payment made from a scheme under a resolution fund order.\n2.99\nPayment of dividends etc.\n2.100\nNotice of no dividend or no further dividend\nThe bank administrator must copy any notice under Rule 2.100 to—\n(a) the FSA,\n(b) the FSCS, and\n(c) the Bank of England, in a case where it consented to a distribution under Rule 2.68 (as applied above).\n2.101\nProof altered after payment of dividend\n2.102\nSecured creditors\n2.103\nDisqualification from dividend\nIn respect of any application for disqualification under Rule 2.103—\n(a) notice of the application must be given to the FSA, and\n(b) the FSA may appear and be heard.\n2.104\nAssignment of right to dividend\n2.105\nDebt payable in future\nThe “relevant date” is the date of the bank administration order.\nThe bank administrator\n2.106\nFixing of remuneration\n(1) In the Objective 1 Stage the Bank of England shall fix the bank administrator’s remuneration in accordance with Rule 2.106(2)(a) or (b).\n(2) In the Objective 2 Stage, Rule 2.106 applies (but pending action under paragraphs (3) or (5) arrangements established by the Bank of England in the Objective 1 Stage shall continue to apply).\n2.107\nRecourse to meeting of creditors\n2.108\nRecourse to the court\n(1) In respect of remuneration fixed by the Bank of England—\n(a) Rule 2.108 applies as if references to the creditors’ committee were references to the Bank of England, and\n(b) the court shall have regard to Objective 1.\n(2) In respect of any application under Rule 2.108—\n(a) notice of the application must be given to the FSA, and\n(b) the FSA may appear and be heard.\n2.109\nCreditors’ claim that remuneration is excessive\nRule 2.109 applies only during the Objective 2 Stage.\n4.127B and\nSchedule 6\nRemuneration where assets realised on behalf of chargeholder\nEnding administration\n2.110\nFinal progress report\n(1) The reference to Rule 2.47 is to be treated as a reference to Rule 35 above.\n(2) In the case of bank administration following transfer to a bridge bank under section 12(2) of the Banking Act 2009 the final progress report—\n(a) must not be made until the bank administrator is satisfied that any payment likely to be made to the bank from a scheme under a resolution fund order has been made, and\n(b) must state whether any payment has been received and, if so, its amount.\n2.113\nNotice of end of administration\nRule 2.113 is not applied – but equivalent provision is made by Part 3 of these Rules.\n2.114\nApplication to court by administrator\nThe reference to an application to the court under paragraph 79 of Schedule B1 to the Insolvency Act 1986 is to be treated as a reference to a notice under paragraph 80 (as applied by section 153(2) of the Banking Act 2009).\n2.118\nMoving from administration to dissolution\nRule 2.118 is not applied – but equivalent provision is made by Part 3 of these Rules.\nReplacing bank administrator\n2.119\nGrounds for resignation\nDuring the Objective 1 Stage the Bank of England’s consent, as well as the court’s permission, is required for resignation under paragraph (2).\n2.120\nNotice of intention to resign\nThe Bank of England and the FSA are added to the list of those entitled to notice under paragraph (1).\n2.121\nNotice of resignation\n2.122\nApplication to court to remove administrator\n(An application may be made during the Objective 1 Stage only with the Bank of England’s consent – see the modifications for the application of paragraph 88 of Schedule B1 to the Insolvency Act 1986 in Table 1 in section 145 of the Banking Act 2009.)\n(1) An application must state either—\n(a) that the Bank of England has consented to its being made, or\n(b) that the Objective 1 Stage has ended.\n(2) The FSA is added to the list of those entitled to notice under paragraph (2).\n2.123\nNotice of vacation of office on ceasing to be qualified\n2.124\nDeath of administrator\n2.125\nApplication to replace\nRule 2.125 is applied during the Objective 2 Stage only (and ignoring references to paragraph 95 of Schedule B1).\n(For equivalent provision about application for removal by the Bank of England during the Objective 1 Stage (in accordance with the modifications for the application of paragraph 91 of Schedule B1 to the Insolvency Act 1986 in Table 1 in section 145 of the Banking Act 2009) see Part 3 of these Rules.\n2.126\nNotification and advertisement of replacement\n2.127\nNotification and advertisement of appointment of joint administrator\n2.128\nNotice to registrar of companies of replacement or addition\n2.129\nDuties on vacating office\nProvisional bank administrator (see application of section 135 of the Insolvency Act 1986 in Table 2 in section 145 of the Banking Act 2009)\n4.25\nAppointment\nRule 4.25 is not applied – but equivalent provision is made by Part 3 of these Rules.\n4.25A\nNotice of appointment\nRule 4.25A is not applied – but equivalent provision is made by Part 3 of these Rules.\n4.26\nOrder of appointment\nRule 4.26 is not applied – but equivalent provision is made by Part 3 of these Rules.\n4.28\nSecurity\n4.29\nFailure to give or keep up security\n4.30\nRemuneration\nIgnore paragraph (4).\n4.31\nTermination of appointment\n(1) An application for termination may be made by—\n(a) the provisional bank administrator, or\n(b) the Bank of England.\n(2) A provisional bank administrator’s appointment terminates on the making of a bank administration order.\nDisclaimer\n4.187\nNotice of disclaimer\n(In the case of bank administration following transfer to a bridge bank under section 12(2) of the Banking Act 2009 notice may be given during the Objective 1 Stage only with the Bank of England’s consent – see the modifications for the application of section 178 of the Insolvency Act 1986 in Table 2 in section 145 of the Banking Act 2009.)\n4.188\nCommunication to interested persons\n4.189\nAdditional notices\n4.190\nDuty to keep court informed\n4.191\nApplication by interested party\n4.192\nInterest in property to be declared on request\n4.193\nDisclaimer presumed valid and effective\n4.194\nApplication for exercise of court’s powers under section 181 of the Insolvency Act 1986\n(Section 181 is applied by Table 2 in section 145 of the Banking Act 2009.)\nCourt procedure and practice\n7.1\nApplication of Chapter 1 of Part 7\nChapter 1 does not apply to an application for a bank administration order (which is addressed in Part 2 of these Rules).\n7.2\nInterpretation\n7.3\nForm and contents of application\n7.3A\nApplication to disapply section 176A of the Insolvency Act 1986\n7.4\nFiling and service of application\n7.4A\nNotice of application under section 176A of the Insolvency Act 1986\n7.5\nOther hearings ex parte\n7.6\nHearing of application\n7.7\nUse of witness statement evidence\n7.8\nFiling and service of witness statements\n7.9\nUse of reports\n7.10\nAdjournment of hearings; directions\n7.16\nNomination and appointment of shorthand writers\n7.17\nRemuneration of shorthand writers\n7.19\nEnforcement of court orders\n7.20\nOrders enforcing compliance with Rules\n7.21\nWarrants\n7.23\nWarrants under section 236\n7.27\nCourt records\n7.28\nInspection of records\n7.30\nFile of court proceedings\n7.31\nRight to inspect court file\nRule 7.31 is not applied – but equivalent provision is made in Part 4 of these Rules.\n7.32\nFiling of Gazette notices and advertisements\n7.33\nCosts: application of the Civil Proceedings Rules\n7.34\nRequirement to assess costs by the detailed procedure\n7.35\nProcedure where detailed assessment required\n7.36\nCosts of execution or other process\n7.38\nCosts paid otherwise than out of the insolvent estate\n7.39\nAward of costs against responsible insolvency practitioner\n7.40\nApplication for costs\n7.41\nCosts and expenses of witnesses\n7.42\nFinal costs certificate\n7.43\nPersons who lack capacity to manage their affairs: introductory\n7.44\nAppointment of another person to act\n7.45\nWitness statement in support of application\n7.46\nServices of notices following appointment\n7.47\nAppeals and reviews of court orders\n(Rule 7.47 is not applied so as to permit an appeal against the making of a bank administration order.)\n7.49\nProcedure on appeal\n7.51\nPrincipal court rules and practice to apply\n(The reference to the CPR, the practice and procedure of the High Court and of the county court is to be treated as a reference to the CPR (Part 52).)\n7.53\nRight of attendance\n7.54\nInsolvency practitioner’s solicitor\n7.55\nFormal defects\n7.56\nRestriction on concurrent proceedings and remedies\n7.58\nSecurity in court\n7.59\nPayment into court\n7.60\nFurther information and disclosure\n7.61\nOffice copies of documents\nProxies\n8.1\nDefinition of proxy\n8.2\nIssue and use of forms\n8.3\nUse of proxies at meetings\n8.4\nRetention of proxies\n8.5\nRight of inspection of proxies\n8.6\nProxy-holder with financial interest\n8.7\nCompany representation\n(The reference to section 375 of the Companies Act 1985 becomes a reference to section 323 of the Companies Act 2006.)\nExamination of persons\n9.1\nPreliminary\n1. Part 9 applies to applications under section 236 of the Insolvency Act 1986 (inquiry into company’s dealings) as applied by Table 2 in section 145 of the Banking Act 2009.\n2. Treat a reference to “the insolvent” as a reference to the bank.\n9.2\nForm and contents of application\n9.3\nOrder for examination\n9.4\nProcedure for examination\n9.5\nRecord of examination\n9.6\nCosts of proceedings\nDeclaration and payment of dividend\n11.1\nPreliminary\n11.2\nNotice of intended dividend\n11.3\nFinal admission or rejection of proofs\n11.4\nPostponement or cancellation of dividend\n11.5\nDecision to declare dividend\n11.6\nNotice of declaration\n11.7\nNotice of no dividend or no further dividend\n11.8\nProof altered after payment of dividend\n11.9\nSecured creditors\n11.10\nDisqualification from dividend\n11.11\nAssignment of right to dividend\n11.12\nPreferential creditors\n11.13\nDebt payable in future\nThe “relevant date” is the date of the bank administration order.\nMiscellaneous and general\n12.1\nRegulation of specified administrative matters\nA reference to the Secretary of State includes a reference to the Treasury.\n12.2\nCosts and expenses\n12.3\nProvable debts\n12.4\nNotices\n12.4A\nQuorum at meetings\n(The reference to section 375 of the Companies Act 1985 becomes a reference to section 323 of the Companies Act 2006.)\n12.5\nEvidence of proceedings at meeting\n12.6\nDocuments issued by Secretary of State\n12.8\nInsolvency practitioner’s security\n12.9\nTime-limits\n12.10\nService by post\n(Rule 12.10 applies subject to express provision about service made in these Rules.)\n12.11\nService and notice: general\nPart 6 of the CPR applies subject to any provision of these rules.\n12.12\nService outside jurisdiction\nPart 6 of the CPR applies with regard to service in Scotland or Northern Ireland, subject to any provision of these rules.\nWhere service is to take place outside the United Kingdom, where these rules provide for service, the court may direct how that service is to be effect. With regard to service otherwise, Part 6 of the CPR applies.\n12.13\nConfidentiality of documents\n12.14\nNotices sent simultaneously to same person\n12.15\nRight to copy documents\n12.15A\nCharge for copy documents\n12.16\nNon-receipt of notice of meeting\n12.17\nRight to have list of creditors\n12.18\nFalse claim of status as creditor\n12.20\nGazette\n12.21 and Schedule 5\nPunishment of offences\n12.22\nNotice of order under section 176A of the Insolvency Act 1986\n13.1 to 13.13\nInterpretation and application",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Relevant amendments are made by the Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), the Insolvency (Amendment) Rules 1993 (S.I. 1993/602), the Insolvency (Amendment) (No. 2) Rules 1999 (S.I. 1999/1022), the Insolvency (Amendment) Rules 2001 (S.I. 2001/763), the Insolvency (Amendment) Rules 2002 (S.I. 2002/1307), the Insolvency (Amendment) (No. 2) Rules 2002 (S.I. 2002/2712), the Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), the Insolvency (Amendment) Rules 2004 (S.I. 2004/584), the Insolvency (Amendment) Rules 2005 (S.I. 2005/527), the Insolvency (Amendment) Rules 2006 (S.I. 2006/1272) and the Insolvency (Amendment) Rules 2008 (S.I. 2008/737)."
    }
  ],
  "outstanding_effects": [
    {
      "type": "words omitted",
      "affecting": "uksi/2010/2583",
      "affecting_title": "The Bank Administration (England and Wales) (Amendment) Rules 2010"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2010/2583",
      "affecting_title": "The Bank Administration (England and Wales) (Amendment) Rules 2010"
    },
    {
      "type": "words omitted",
      "affecting": "uksi/2010/2583",
      "affecting_title": "The Bank Administration (England and Wales) (Amendment) Rules 2010"
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    {
      "type": "words substituted",
      "affecting": "uksi/2010/2583",
      "affecting_title": "The Bank Administration (England and Wales) (Amendment) Rules 2010"
    },
    {
      "type": "words omitted",
      "affecting": "uksi/2010/2583",
      "affecting_title": "The Bank Administration (England and Wales) (Amendment) Rules 2010"
    },
    {
      "type": "words omitted",
      "affecting": "uksi/2010/2583",
      "affecting_title": "The Bank Administration (England and Wales) (Amendment) Rules 2010"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2010/2583",
      "affecting_title": "The Bank Administration (England and Wales) (Amendment) Rules 2010"
    },
    {
      "type": "words omitted",
      "affecting": "uksi/2010/2583",
      "affecting_title": "The Bank Administration (England and Wales) (Amendment) Rules 2010"
    },
    {
      "type": "words omitted",
      "affecting": "uksi/2010/2583",
      "affecting_title": "The Bank Administration (England and Wales) (Amendment) Rules 2010"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/357/rule/61",
    "retrieved_at": "2026-10-29T03:17:33.221127+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}