Rule 94 Removal of bank liquidator by the courtI1
England and Wales
Apply rule 4.119 of the 1986 Rulesf1.
After paragraph (1) insert—
“F1(1A)If the liquidation committee has not yet passed a full payment resolution, the court shall dismiss any application under paragraph (1) where the application is made by someone other than the Bank of England, the F2Financial Conduct Authority, the Prudential Regulation Authority or the liquidation committee.”
In paragraph (2), for “at least 7 days’ notice” substitute—
“(a)if the application is made before the passing of a full payment resolution, such notice as is reasonable in all the circumstances, and
(b)if the application is made after the passing of a full payment resolution, at least 7 days’ notice.”.
In paragraph (4), leave out “, at least 14 days before the hearing,”.
After paragraph (4) insert—
“(4A)The notice and copies mentioned in paragraph (4) shall be sent—
(a)if the application is made before the passing of a full payment resolution, within such time so as to give the bank liquidator notice of the hearing as is reasonable in all the circumstances, and
(b)if the application is made after the passing of a full payment resolution, at least 14 days before the hearing.”.
In paragraph (6)—
in sub-paragraph (a), for “official receiver” substitute “Bank of England and F3the appropriate regulator” and at the end insert “and”, and
leave out “and” at the end of sub-paragraph (b), and sub–paragraph (c).
Annotations
Textual amendments
- F1
Words in rule 94(2) renumbered (15.11.2010) by The Bank Insolvency (England and Wales) (Amendment) Rules 2010 (S.I. 2010/2579), rules 1, 39
- F2
Words in rule 94(2) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 163(e)
- F3
Words in Rules substituted (1.4.2013) by virtue of The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 163(f)
Commencement
- I1
Rule 94 in force at 25.2.2009, see rule 1
Footnotes
- f1
-
Paragraph 5 of rule 4.119 was amended by S.I. 2008/737.