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Rule 95 Removal of building society liquidator by the courtI1

England and Wales

(1)

Apply rule 4.119 of the 1986 Rulesf1.

(2)

After paragraph (1) insert—

“(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 F1appropriate regulator or the liquidation committee.”.

(3)

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.”.

(4)

In paragraph (4), leave out “, at least 14 days before the hearing,”.

(5)

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 building society 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.”.

(6)

In paragraph (6)—

(a)

in sub-paragraph (a), for “official receiver” substitute “Bank of England and the appropriate regulator” and at the end insert “and”, and

(b)

leave out “and” at the end of sub-paragraph (b), and sub–paragraph (c).

Annotations

Textual amendments

F1

Words in Rules 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. 191(5)

Commencement

I1

Rule 95 in force at 15.11.2010, see rule 1

Footnotes

f1

Paragraph 5 of rule 4.119 was amended by S.I. 2008/737.