{
  "url": "https://openlegislation.uk/bank-administration-rules-northern-ireland-2009/article-61",
  "json_url": "https://openlegislation.uk/bank-administration-rules-northern-ireland-2009/article-61.json",
  "legislation": "nisr/2009/63",
  "legislation_title": "The Bank Administration Rules (Northern Ireland) 2009",
  "legislation_url": "https://openlegislation.uk/bank-administration-rules-northern-ireland-2009",
  "path": "article/61",
  "kind": "article",
  "number": "61",
  "heading": "Table of applications and specific modifications",
  "text": "This Rule contains the Table of applied Insolvency Rules.\nRule\nSubject\nSpecific modifications\nPreparatory steps\nIntroductory Provisions Rules 0.1 to 0.7\nInterpretation and application\n2.028\nNotification and advertisement of administrator’s appointment\nIgnore paragraph (2)(a), (b) and (e).\n2.029\nNotice requiring statement of affairs\n2.030\nVerification and filing\n2.031\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,\n(c)the appropriate regulator, and\n(d)the FSCS.\n2.032\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,\n(c)the appropriate regulator, and\n(d)the FSCS.\n2.033\nExpenses of statement of affairs\nBank administrator’s proposals and creditors’ meetings\n2.034\nAdministrator’s proposals\nRule 2.034 is not applied – but equivalent provision is made by Part 3 of these Rules.\n2.035\nMeetings to consider administrator’s proposals\n(1)Rule 2.035 applies in the Objective 2 Stage.\n(2)The appropriate regulator and the FSCS are added to the list in paragraph (2) of persons entitled to notice.\n2.036\nCreditors’ meetings generally\nThe appropriate regulator and FSCS are added to the list in paragraph (3) of persons to whose convenience the bank administrator is to have regard.\n2.037\nChairman at meetings\n2.038\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.\n2.039\nEntitlement to vote\n2.040\nAdmission and rejection of claims\n2.041\nSecured creditors\n2.042\nHolders of negotiable instruments\n2.043\nHire-purchase, conditional sale and chattel leasing agreements\n2.044\nResolutions\n2.045\nMinutes\n2.046\nRevision of the administrator’s proposals\nIn paragraph (2)(c) ignore the reference to the person making the appointment.\n2.047\nNotice to creditors\n2.048\nReports to creditors\nRule 2.048 is not applied – but equivalent provision is made by Part 3 of these Rules.\n2.049\nCorrespondence instead of creditors’ meetings\n2.050\nVenue and conduct of company meeting\nCreditors’ committee\n2.051\nConstitution of committee\n(A creditors’ committee cannot be established until the Objective 2 Stage – see the modifications for the application of paragraphs 51 to 59 of Schedule B1 to the Order in Table 1 in section 145 of the 2009 Act.)\n2.052\nFormalities of establishment\n2.053\nFunctions and meetings of the committee\n2.054\nThe chairman at meetings\n2.055\nQuorum\n2.056\nCommittee-members’ representatives\n2.057\nResignation\n2.058\nTermination of membership\n2.059\nRemoval\n2.060\nVacancies\n2.061\nProcedure at meetings\n2.062\nResolutions of creditors’ committee by post\n2.063\nInformation from administrator\n2.064\nExpenses of members\n2.065\nMembers dealing with the company\nIn respect of any application to set aside a transaction under paragraph (3)—\n(a)notice of the application must be given to the appropriate regulator and the FSCS , and\n(b)the appropriate regulator and the FSCS may appear and be heard.\n2.066\nFormal defects\nProcess of administration\n2.067\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 2.067—\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.\n2.068\nPriority of expenses of administration\nIn addition to the matters listed in Rule 2.068(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.\n2.069\nDistributions to creditors: introduction\n(Distributions in the case of bank administration following transfer to a bridge bank under section 12(2) of the 2009 Act and during the Objective 1 Stage require the Bank of England’s consent – see the modification for the application of paragraph 66 of Schedule B1 to the Order in Table 1 in section 145 of the 2009 Act.)\n2.070\nDebts of insolvent company to rank equally\n2.071\nDividends: supplementary\n2.072\nDivision of unsold assets\n2.073\nProving a debt\n2.074\nClaim established by a witness statement\n2.075\nCosts of proving\n2.076\nAdministrator to allow inspection of proofs\n2.077\nNew administrator: transfer of proofs\n2.078\nAdmission and rejection of proofs for dividend\n2.079\nAppeal against decision on proof\nIn respect of any application under Rule 2.079(1) or (3)—\n(a)notice of the application must be given to the appropriate regulator and the FSCS and, during the Objective 1 Stage, the Bank of England, and\n(b)the appropriate regulator and the FSCS, and the Bank of England during the Objective 1 Stage, may appear and be heard.\n2.080\nWithdrawal or variation of proof\n2.081\nExpunging of proof by the court\nIn respect of any application under Rule 2.081(1)(b)—\n(a)notice of the application must be given to the appropriate regulator and the FSCS and, during the Objective 1 Stage, the Bank of England, and\n(b)the appropriate regulator and the FSCS, and the Bank of England during the Objective 1 Stage, may appear and be heard.\n2.082\nEstimate of quantum of claims\n2.083\nNegotiable instruments, &c.\n2.084\nSecured creditors\n2.085\nDiscounts\n2.086\nMutual credit and set-off\n2.087\nDebt in foreign currency\n2.088\nPeriodical payments\n2.089\nInterest\n2.090\nDebt payable in future\n2.091\nValue of security\n2.092\nSurrender for non-disclosure\n2.093\nRedemption by administrator\n2.094\nTest of security’s value\n2.095\nRealisation of security by creditor\n2.096\nNotice of proposed distribution\nThe following are added to the list of those entitled to receive notice under Rule 2.096(2)(a)—\n(a)the appropriate regulator,\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 2009 Act, the Bank of England.\n2.097\nAdmission or rejection of proofs\n2.098\nDeclaration of dividend\n2.099\nNotice of declaration of dividend\n(1)The following are added to the list of those entitled to receive notice under Rule 2.099(1)—\n(a)the appropriate regulator,\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 2009 Act, the Bank of England.\n(2)In the case of bank administration following transfer to a bridge bank under section 12(2) of the 2009 Act and during the Objective 1 Stage, the particulars required by rule 2.099(2) include details of any payment made from a scheme under a resolution fund order.\n2.100\nPayment of dividends, &c.\n2.101\nNotice of no dividend or no further dividend\nThe bank administrator must copy any notice under Rule 2.101 to—\n(a)the appropriate regulator,\n(b)the FSCS, and\n(c)the Bank of England, in a case where it consented to a distribution under Rule 2.069 (as applied ).\n2.102\nProof altered after payment of dividend\n2.103\nSecured creditors\n2.104\nDisqualification from dividend\nIn respect of any application for disqualification under Rule 2.104—\n(a)notice of the application must be given to the appropriate regulator and the FSCS, and\n(b)the appropriate regulator and the FSCS may appear and be heard.\n2.105\nAssignment of right to dividend\n2.106\nDebt payable in future\nThe “relevant date” is the date of the bank administration order.\nThe bank administrator\n2.107\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 2.107(2).\n(2)In the Objective 2 Stage, Rule 2.107 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.\n2.108\nRecourse to meeting of creditors\n2.109\nRecourse to the court\n(1)In respect of remuneration fixed by the Bank of England—\n(a)Rule 2.109 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 2.109—\n(a)notice of the application must be given to the appropriate regulator and the FSCS, and\n(b)the appropriate regulator and the FSCS may appear and be heard.\n2.110\nCreditors’ claim that remuneration is excessive\nRule 2.110 applies only during the Objective 2 Stage.\n4.134B and\nSchedule 4\nRemuneration where assets realised on behalf of chargeholder\nEnding administration\n2.111\nFinal progress report\n(1)The reference to Rule 2.048 is to be treated as a reference to Rule 35.\n(2)In the case of bank administration following transfer to a bridge bank under section 12(2) of the 2009 Act the final progress report—\n(a)shall 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)shall state whether any payment has been received and, if so, its amount\n2.114\nNotice of end of administration\nRule 2.114 is not applied – but equivalent provision is made by Part 3 of these Rules.\n2.115\nApplication to court by administrator\nThe reference to paragraph 80 of Schedule B1 to the Order is to be treated as a reference to paragraph 81 (as applied by section 153(2) of the 2009 Act).\n2.117\nNotification to registrar of companies and Enforcement of Judgements Office\n2.119\nMoving from administration to dissolution\nRule 2.119 is not applied – but equivalent provision is made by Part 3 of these Rules.\nReplacing bank administrator\n2.120\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).\n2.121\nNotice of intention to resign\nThe Bank of England, the appropriate regulator and the FSCS are added to the list of those entitled to notice under paragraph (1).\n2.122\nNotice of resignation\n2.123\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 89 of Schedule B1 to the Order in Table 1 in section 145 of the 2009 Act..)\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 appropriate regulator and the FSCS are added to the list of those entitled to notice under paragraph (2).\n2.124\nNotice of vacation of office on ceasing to be qualified\n2.125\nDeath of administrator\n2.126\nApplication to replace\nRule 2.126 is applied during the Objective 2 Stage only (and ignoring references to paragraph 96 of Schedule B1 to the Order).\nFor 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 92 of Schedule B1 to the Order in Table 1 in section 145 of the 2009 Act) see Part 3 of these Rules.\n2.127\nNotification and advertisement of replacement\n2.128\nNotification and advertisement of appointment of joint administrator\n2.129\nNotice to registrar of companies of replacement or addition\n2.130\nDuties on vacating office\nProvisional bank administrator (see application of Article 115 of the Order in Table 2 in section 145 of the 2009Act )\n4.027\nAppointment\nRule 4.027 is not applied – but equivalent provision is made by Part 3 of these Rules.\n4.028\nNotice of appointment\nRule 4.028 is not applied – but equivalent provision is made by Part 3 of these Rules.\n4.029\nOrder of appointment\nRule 4.029 is not applied – but equivalent provision is made by Part 3 of these Rules.\n4.031\nSecurity\n4.032\nFailure to give or keep security\n4.033\nRemuneration\nIgnore paragraph (5).\n4.034\nTermination of appointment\nAn application for termination may be made by—\n(a)the provisional bank liquidator, or\n(b)the Bank of England.\nDisclaimer\n4.197\nNotice of disclaimer\n(In the case of bank administration following transfer to a bridge bank under section 12(2) of the 2009Act notice may be given during the Objective 1 Stage only with the Bank of England’s consent – see the modifications for the application of Article 152 of the Order in Table 2 in section 145 of the 2009Act.)\n4.198\nCommunication to interested persons\n4.199\nAdditional notices\n4.200\nDuty to keep court informed\n4.201\nApplication by interested party\n4.202\nInterest in property to be declared on request\n4.203\nDisclaimer presumed valid and effective\n4.204\nApplication for exercise of court’s powers under Article 155 of the Order\n(Article 155 is applied by Table 2 in section 145 of the Banking Act 2009.)\nCourt procedure and practice\n7.05\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).\n7.06\nInterpretation\n7.07\nForm and contents of application\n7.07A\nApplication to disapply Article 150A of the Order\n7.08\nFiling and service of application\n7.08A\nNotice of application under Article 150A of the Order\n7.09\nOther hearings ex parte\n7.10\nUse of witness statement evidence\n7.11\nFiling and service of witness statements\n7.12\nUse of reports\n7.13\nAdjournment of hearings; directions\n7.14\nNomination and appointment of shorthand writers\n7.16\nRemuneration of shorthand writers\n7.19\nEnforcement of court orders\n7.20\nOrders enforcing compliance with Rules\n7.21\nWarrants\n7.22\nWarrants under Article 200\n7.24\nCourt records\n7.25\nInspection of records\n7.26\nFile of court proceedings\n7.27\nRight to inspect court file\nRule 7.27 is not applied – but equivalent provision is made in Part 4 of these Rules.\n7.28\nFiling of Gazette notices and advertisements\n7.29\nCosts: application of the Supreme Court Rules\n7.30\nRequirement to assess costs by the detailed procedure\n7.32\nProcedure where detailed assessment required\n7.34\nCosts paid otherwise than out of the assets of the insolvent estate\n7.35\nAward of costs against responsible insolvency practitioner\n7.36\nApplication for costs\n7.37\nCosts and expenses of witnesses\n7.38\nPersons who lack capacity to manage their affairs: introductory\n7.39\nAppointment of another person to act\n7.40\nWitness statement in support of application\n7.41\nServices of notices following appointment\n7.42\nAppeals and reviews of court orders from Master\n7.44\nProcedure on appeal\n7.45\nPrincipal court rules and practice to apply\n7.47\nRight of attendance\n7.54\nInsolvency practitioner’s solicitor\n7.50\nFormal defects\n7.51\nRestriction on concurrent proceedings and remedies\n7.52\nWitness statements\n7.53\nSecurity in court\n7.54\nFurther information and disclosure\n7.56\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 Article 383 of the Companies (Northern Ireland) Order 1986 is now a reference to section 323 of the Companies Act 2006.)\nExamination of persons\n9.1\nPreliminary\n1.Part 9 applies to applications under Article 200 of the Order (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\n11.01\nPreliminary\n11.02\nNotice of intended dividend\n11.03\nFinal admission or rejection of proofs\n11.04\nPostponement or cancellation of dividend\n11.05\nDecision to declare dividend\n11.06\nNotice of declaration\n11.07\nNotice of no dividend or no further dividend\n11.08\nProof altered after payment of dividend\n11.09\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\n12.01\nRegulation of specified administrative matters\nA reference to the Department includes a reference to the Treasury.\n12.02\nCosts and expenses\n12.03\nProvable debts\n12.04\nNotices\n12.5\nQuorum at meetings\n(The reference to Article 383 of the Companies (Northern Ireland) Order 1986 is now a reference to section 323 of the Companies Act 2006.)\n12.06\nEvidence of proceedings at meeting\n12.07\nDocuments issued by Department\n12.08\nForms\n(See Rule 7.)\n12.09\nInsolvency practitioner’s security\n12.10\nTime\n12.11\nService by post\n(Rule 12.11 applies subject to express provision about service made in these Rules.)\n12.12\nService and notice: general\n12.13\nService outside jurisdiction\n12.14\nConfidentiality of documents\n12.15\nNotices sent simultaneously to same person\n12.16\nRight to copy documents\n12.17\nCharge for copy documents\n12.18\nNon-receipt of notice of meeting\n12.19\nRight to have list of creditors\n12.20\nFalse claim of status as creditor\n12.21\nGazette\n12.22 and Schedule 3\nPunishment of offences\n12.23\nNotice of order under Article 150A of the Order",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Rules substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 153(f)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 61 in operation at 25.2.2009, see rule 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2009/63/article/61",
    "retrieved_at": "2026-10-29T01:33:08.234314+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."
}