{
  "url": "https://openlegislation.uk/bank-administration-scotland-rules-2009/article-42",
  "json_url": "https://openlegislation.uk/bank-administration-scotland-rules-2009/article-42.json",
  "legislation": "uksi/2009/350",
  "legislation_title": "The Bank Administration (Scotland) Rules 2009",
  "legislation_url": "https://openlegislation.uk/bank-administration-scotland-rules-2009",
  "path": "article/42",
  "kind": "article",
  "number": "42",
  "heading": "Table of applications and specific modifications",
  "text": "This rule contains the Table of applied 1986 Rules.\nRule\nSubject\nSpecific Modifications\n2.19\nNotification and advertisement of administrator’s appointment\nIgnore paragraphs 2(a), (b), and (c).\n2.20\nNotice requiring statement of affairs\n2.21\nStatements of affairs and statements of concurrence\n2.22\nLimited disclosure\nOn an application for disclosure under paragraph (4) any of the following may appear and be heard, or make representations:—\n(a) the bank administrator;\n(b) the Bank of England;\n(c) the FSA.\n2.23\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 FSA.\n2.24\nExpenses of statement of affairs\n2.25\nAdministrator’s proposals\nRule 2.25 is not applied. Equivalent provision is made in Part 3 of these Rules.\n2.26\nGeneral (Meetings)\nIn the application of paragraph (1) of rule 7.2, the FSA and the FSCS shall be treated as entitled to attend the meeting.\nIgnore the application of rules 7.1 and 7.4.\n2.27\nMeetings to consider administrator’s proposals\n(1) Rule 2.27 applies in the Objective 2 Stage.\n(2) The bank administrator shall give the FSA and the FSCS at least 14 days notice of any meeting referred to in paragraph (1) of rule 2.27.\n2.28\nCorrespondence instead of creditors meetings\n2.29\nApplicable law\n2.31\nMeetings 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 24 above.\n2.33\nHire-purchase, conditional sale and hiring agreements\n2.34\nRevision of administrator’s proposals\nIn paragraph 1(c) ignore the reference to the person making the appointment.\n2.35\nNotices to creditors\n2.36\nApplication of provisions in Part 3 (Receivers)\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 of the Insolvency Act 1986 in Table 1 in section 145 of the 2009 Act).\nIn the application of paragraph (2) of rule 3.8—\n(a) notice of the application must be given to the FSA and the FSCS; and\n(b) the FSA and the FSCS may appear and be heard.\n2.37\nDisposal of secured property, etc.\nIf an application is made during the Objective 1 Stage, then in addition to the requirements of rule 2.37—\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 of the order to the Bank of England as soon as reasonably practicable.\n2.38\nProgress reports\nRule 2.38 is not applied. Equivalent provision is made in Part 3 of these Rules.\n2.39\nDetermination of outlays and remuneration\n(1) In the Objective 1 Stage the Bank of England shall fix the bank administrators’ remuneration in accordance with rule 2.39(4).\n(2) In the Objective 2 Stage, rule 2.39 shall apply (but pending action under paragraphs (2), (3) and (6) arrangements established by the Bank of England in the Objective 1 Stage shall continue to apply).\n2.39A\nAppeal against fixing of remuneration\n(1) In respect of remuneration fixed by the Bank of England—\n(a) Rule 2.39A applies as if references to the creditors’ committee and creditors 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 2.39A—\n(a) notice of the application must be given to the FSA; and\n(b) the FSA may appear and be heard.\nRule 2.39A (5), (6) and (7) applies only during the Objective 2 Stage.\n2.39B\nExpenses of the administration\nIn addition to the matters listed in rule 2.39B, expenses in connection with a 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;\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.\n2.40\nDistributions to creditors\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 65 of Schedule B1 to the Insolvency Act 1986 in Table 1 in section 145 of the 2009 Act.)\n2.41\nDistributions to creditors\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 65 of Schedule B1 to the Insolvency Act 1986 in Table 1 in section 145 of the 2009 Act.)\n(1) In respect of an application under s.49(6) of the Bankruptcy (Scotland) Act 1985 (as applied)—\n(a) notice of the application must be given to the FSA and the FSCS and, during the Objective 1 Stage, the Bank of England; and\n(b) the FSA, the FSCS and the Bank of England during the Objective 1 Stage, may appear and be heard.\n(2) The bank administrator shall give 28 days notice of any proposed payment of distribution or dividend and notice of any payment of distribution or dividend to—\n(a) the FSA and the FSCS; and\n(b) 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(3) In the case of notice of any payment of distribution or dividend in a bank administration following transfer to a bridge bank under section 12(2) of the 2009 Act and during the Objective 1 Stage, the notice shall include details of any payment made from a scheme under a resolution fund order.\n(4) If the bank administrator is unable to declare any dividend or any further dividend, the bank administrator must, in addition to notifying the creditors of this fact, notify—\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 these Rules.\n2.41A\nPayments of Dividends\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 65 of Schedule B1 to the Insolvency Act 1986 in Table 1 in section 145 of the 2009 Act).\n2.42\nFinal progress report\nIn the case of a bank administration following transfer to a bridge bank under section 12(2) of the 2009 Act the final progress report—\n(1) must not be made until the bank administrator is satisfied that any payment to be made to the bank from a scheme under a resolution fund order has been made; and\n(2) must state whether any payment has been received and, if so, its amount.\n2.45\nNotice of end of administration\nRule 2.45 is not applied. Equivalent provision is made by Part 3 of these Rules.\n2.46\nApplication to court\nThe references to paragraph 79 are to be treated as references to paragraph 80 of Schedule B1 to the 1986 Act (as applied by section 153(2) of the 2009 Act).\n2.48\nMoving from administration to dissolution\nRule 2.48 is not applied. Equivalent provision is made by Part 3 of these Rules.\n2.49\nGrounds for resignation\nDuring the Objective 1 Stage the Bank of England’s consent, as well as the court’s leave, is required for resignation under paragraph (2).\n2.50\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).\n2.51\nNotice of resignation\n2.52\nAdministrator deceased\n2.53\nApplication to replace\nRule 2.53 is applied during the Objective 2 Stage only (and ignoring references to paragraph 95 of Schedule B1).\n(For equivalent provisions 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 2009 Act) see Part 3 of these Rules.\n2.54\nApplication to replace\n2.55\nJoint or concurrent appointments\n2.56\nApplication to court to remove administrator from office\nAn application may be made during the Objective 1 Stage only with the consent of the Bank of England – 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 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 FSA is added to the list of those on whom an application under paragraph (1) must be served.\n4.1\nAppointment of provisional liquidator\nRule 4.1 is not applied. Equivalent provision is made by Part VII of Chapter 74 of Schedule 2 to the Act of Sederunt (Rules of the Court of Session 1994)1994.\n4.2\nOrder of Appointment\nRule 4.2 is not applied. Equivalent provision is made by Part 3 of these Rules.\n4.3\nCaution\n4.4\nFailure to find or to maintain caution\n4.5\nRemuneration\n4.6\nTermination of Appointment\nAn application for termination may be made by—\nthe provisional bank administrator, or\nthe Bank of England only.\n7.13A\nApplication under section 176A(5) to disapply section 176A\n7.13B\nNotice of order under section 176A(5)\n7.14 to 7.20\nProxies\n(In rule 7.20, the reference to section 375 of the Companies Act 1985 is now a reference to section 323 of the Companies Act 2006)\nFor rule 7.20(2), substitute—\n“The copy resolution must be signed or subscribed by or on behalf of the bank in accordance with the provisions of the Requirements of Writing (Scotland) Act 1995 or certified by the secretary or director of the bank to be a true copy.”\n7.21\nGiving of notices, etc.\n7.22\nSending by post\nRule 7.22 applies subject to express provision about service made in these Rules.\n7.23\nCertificate of giving notice, etc.\n7.24\nValidity of proceedings\n7.25\nEvidence of proceedings at meetings\n7.26\nRight to list of creditors and copy documents\n(1) The following have the right, at all reasonable times, to inspect documents in respect of bank administration proceedings:—\n(a) a person who is or was a director or officer of the bank;\n(b) a member of the bank;\n(c) any person stating himself in writing to be a creditor of the bank;\n(d) any person stating himself in writing to be a contributor in respect of the bank;\n(e) the Bank of England, and\n(f) the FSA; and\n(g) the FSCS.\n(2) A right of inspection may be exercised on a person’s behalf by anyone authorised by him in writing.\n(3) A right of inspection in terms of paragraph 1 is not exercisable in the case of documents, or parts of documents, as to which the court directs (either generally or specifically) that they are not to be made open to inspection without the court’s leave; and an application for such leave may be made by—\n(a) the bank administrator(s) or provisional bank administrator(s); or\n(b) any party appearing to the court to have an interest.\n(4) References to “a creditor who has a right to inspect documents” in rule 7.26(2) shall include a reference to the persons listed in paragraph (1) above.\n7.27\nConfidentiality of documents\n7.28\nInsolvency practitioner’s caution\n7.29 and Schedule 4 of the Insolvency Act 1986\nPunishment of offences\n7.31\nFees, expenses, etc.\n7.32\nPower of court to cure defects in procedure\n7.33\nSederunt book\n7.34\nDisposal of company’s books, papers and other records\n7.35\nInformation about time spent on a case-administration and company voluntary arrangements",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Rule 2.20 was amended by paragraph 6(3) of Schedule 1(I) to S.I. 1987/1921."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Rule 2.25 was amended by rule 6 of S.I. 2006/734."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Rule 2.39 was amended by rule 8(1) of S.I. 2006/734."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Rule 2.39A was amended by rule 8(1) of S.I. 2006/734."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Rule 2.39B was inserted by rule 5 of S.I. 2008/662."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Rule 2.41 was amended by rule 9(1) of S.I. 2006/734, and rule 6 of S.I. 2008/662."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "1985 c.66. Section 49(6) was amended by section 31 of Part 1 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "Rule 4.1 was amended by paragraph 9 of Schedule 1(I) to S.I. 1987/1921."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "S.I. 1994/1443. Part VIII of Chapter 74 was inserted by rule 3 of S.S.I. 2009/63."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "Rule 4.2 was amended by paragraph 141(5) of Schedule 2(II) to S.I. 1999/1820."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "Rule 4.5 was amended by paragraph 10 of Schedule 1(I) to S.I. 1987/1921."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "Rule 4.6 was amended by paragraph 11 of Schedule 1(I) to S.I. 1987/1921, and rule 13(b) of S.I. 2006/734."
    },
    {
      "type": "footnote",
      "label": "f13",
      "text": "Rules 7.14 to 7.20 were amended by paragraphs 42 to 46 of Schedule 1(I) to S.I. 1987/1921."
    },
    {
      "type": "footnote",
      "label": "f14",
      "text": "1985 c.6. Section 375 was repealed by paragraph 1 of Schedule 16 to the Companies Act 2006 c.46."
    },
    {
      "type": "footnote",
      "label": "f15",
      "text": "2006 c.46."
    },
    {
      "type": "footnote",
      "label": "f16",
      "text": "1995 c.7."
    },
    {
      "type": "footnote",
      "label": "f17",
      "text": "Rule 7.21 was amended by paragraph 47 of Schedule 1(I) to S.I. 1987/1921."
    },
    {
      "type": "footnote",
      "label": "f18",
      "text": "Rule 7.22 was amended by paragraph 48 of Schedule 1(I) to S.I. 1987/1921."
    },
    {
      "type": "footnote",
      "label": "f19",
      "text": "Rule 7.26 was amended by paragraph 49 of Schedule 1(I) to S.I. 1987/1921, and regulation 28(2) of S.I. 2003/2109."
    },
    {
      "type": "footnote",
      "label": "f20",
      "text": "Rule 7.27 was amended by paragraph 50 of Schedule 1(I) to S.I. 1987/1921."
    },
    {
      "type": "footnote",
      "label": "f21",
      "text": "Rule 7.31 was amended by article 8 of S.I. 2003/2108."
    },
    {
      "type": "footnote",
      "label": "f22",
      "text": "Rule 7.33 was amended by paragraph 51 of Schedule 1(I) to S.I. 1987/1921, and paragraph 10 of Schedule 2(1) to S.I. 2003/2111."
    },
    {
      "type": "footnote",
      "label": "f23",
      "text": "Rule 7.34 was amended by paragraph 52 of Schedule 1(I) to S.I. 1987/1921, and rule 14 of S.I. 2006/734."
    },
    {
      "type": "footnote",
      "label": "f24",
      "text": "Rule 7.35 was inserted by rule 15 of S.I. 2006/734."
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/2013/472",
      "affecting_title": "The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013"
    },
    {
      "type": "words omitted",
      "affecting": "uksi/2010/2578",
      "affecting_title": "The Bank Administration (Scotland) (Amendment) Rules 2010"
    },
    {
      "type": "words omitted",
      "affecting": "uksi/2010/2578",
      "affecting_title": "The Bank Administration (Scotland) (Amendment) Rules 2010"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2010/2578",
      "affecting_title": "The Bank Administration (Scotland) (Amendment) Rules 2010"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2010/2578",
      "affecting_title": "The Bank Administration (Scotland) (Amendment) Rules 2010"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2010/2578",
      "affecting_title": "The Bank Administration (Scotland) (Amendment) Rules 2010"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/350/article/42",
    "retrieved_at": "2026-10-29T03:17:39.399532+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."
}