{
  "url": "https://openlegislation.uk/building-society-special-administration-england-and-wales-rules-2010/rule-63",
  "json_url": "https://openlegislation.uk/building-society-special-administration-england-and-wales-rules-2010/rule-63.json",
  "legislation": "uksi/2010/2580",
  "legislation_title": "The Building Society Special Administration (England and Wales) Rules 2010",
  "legislation_url": "https://openlegislation.uk/building-society-special-administration-england-and-wales-rules-2010",
  "path": "rule/63",
  "kind": "rule",
  "number": "63",
  "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\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 special administrator,\n(b)the Bank of England, and\n(c)the FCA and where relevant the PRA.\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 special administrator,\n(b)the Bank of England, and\n(c)the FCA and where relevant the PRA.\n2.32\nExpenses of statement of affairs\nSpecial 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 FCA and where relevant the PRA and the FSCS are added to the list in paragraph (2) of persons entitled to notice.\n2.35\nCreditors’ meetings generally\nThe FCA and where relevant the PRA and the FSCS are added to the list in paragraph (3) of persons to whose convenience the special 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 special 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\nIn paragraph (5) the reference to a general meeting of the company summoned under the company’s articles of association, and in accordance with the applicable provisions of the Companies Act, has effect as a reference to a general meeting of the society summoned under the society’s rules, and in accordance with the applicable provisions of the Building Societies Act 1986.\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 society\nIn respect of any application to set aside a transaction under paragraph (2)—\n(a)notice of the application must be given to the FCA and where relevant the PRA, and\n(b)the FCA and where relevant the PRA may appear and be heard.\n2.65\nFormal defects\nProcess of administration\n2.66\nDisposal 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 special 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 special administrator must send a copy to the Bank of England as soon as is reasonably practicable.\n2.67\nExpenses of the administration\nIn addition to the matters listed in Rule 2.67(1), expenses in connection with provisional special administration are payable in the following order of priority—\n(a)the cost of any security provided by the provisional special administrator takes priority equally with security provided by the special administrator, and\n(b)the remuneration of the provisional special administrator ranks next, and\n(c)any deposit lodged on an application for the appointment of a provisional special administrator ranks next.\n2.68\nDistributions to creditors: introduction\nIn paragraphs (1) and (2), references to creditors include references to shareholding members.\n(Distributions in the case of special 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 of 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 the insolvent company to rank equally\n“Debts” do not include any amounts owing from the society to a member in respect of shares.\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 appointed\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 FCA and where relevant the PRA and, during the Objective 1 Stage, the Bank of England, and\n(b)the FCA and where relevant the PRA, 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 FCA and where relevant the PRA and, during the Objective 1 Stage, the Bank of England, and\n(b)the FCA and where relevant the PRA, and the Bank of England during the Objective 1 Stage, may appear and be heard.\n2.81\nEstimate of quantum\n2.82\nNegotiable instruments, etc\n2.83\nSecured creditors\n2.84\nDiscounts\n2.85\nMutual credit and set-off\nIn addition to the matters listed in Rule 2.85(2)(a) to (e), “mutual dealings” does not include any mutual dealings between the society and a creditor who is also a shareholding member of the society in respect of shares held by that person in the society.\nWhere the conditions in paragraph (1) of Rule 49 of these Rules are met, Rule 2.85 applies with the modifications set out in Rule 49 in addition to the modifications set out above.\n2.86\nDebt in foreign currency\n2.87\nPayments of a periodical nature\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\n(1)The notice in Rule 2.95(1) must also be given where the special administrator is proposing to make a distribution to shareholding members.\n(2)The following are added to the list of those entitled to receive notice under Rule 2.95(2)—\n(a)the FCA and where relevant the PRA,\n(b)the FSCS,\n(c)shareholding members of the society, and\n(d)during the Objective 1 Stage of a special administration following transfer to a bridge bank under section 12(2) of the Banking Act 2009, the Bank of England.\n(3)The notice in Rule 2.95(1) shall state, where applicable, that the distribution is to shareholding members of the society.\n(4)In Rule 2.95(4)(a) the reference to a distribution to creditors includes, where appropriate, a distribution to shareholding members.\n2.96\nAdmission or rejection of proofs\n2.97\nDeclaration of dividend\nIn Rule 2.97(1) the reference to one or more classes of creditor includes a reference to one or more classes of shareholding member.\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 FCA and where relevant the PRA,\n(b)the FSCS,\n(c)shareholding members of the society, and\n(d)during the Objective 1 Stage of a special 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 special 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.\n(3)The particulars required by Rule 2.98(2) include, where appropriate, details of any distribution to shareholding members.\n2.99\nPayment of dividends and related matters\nIn Rule 2.99(2) the reference to any creditor includes a reference to any shareholding member.\n2.100\nNotice of no dividend, or no further dividend\n(1)The special administrator must copy any notice under Rule 2.100 to—\n(a)the FCA and where relevant the PRA,\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).\n(2)In Rule 2.100 the reference to creditors includes a reference to shareholding members.\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 FCA and where relevant the PRA, and\n(b)the FCA and where relevant the PRA may appear and be heard.\n2.104\nAssignment of right to dividend\n2.105\nDebt payable at future time\nThe “relevant date” is the date of the special administration order.\nThe special administrator\n2.106\nFixing of remuneration\n(1)In the Objective 1 Stage the Bank of England shall fix the special administrator’s remuneration in accordance with Rule 2.106(2).\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 the achievement of Objective 1.\n(2)In respect of any application under Rule 2.108—\n(a)notice of the application must be given to the FCA and where relevant the PRA, and\n(b)the FCA and where relevant the PRA 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 reports\n(1)The reference to Rule 2.47 is to be treated as a reference to Rule 36 above.\n(2)In the case of special 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 special administrator is satisfied that any payment likely to be made to the society 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.\n2.114\nApplication to court by administrator\nRule 2.114 is not applied – but equivalent provision is made by Part 3 of these Rules.\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 special 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 FCA and where relevant the PRA 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 from office\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 FCA and where relevant the PRA 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 FCA of replacement or addition\n2.129\nDuties on vacating office\nProvisional special 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 special administrator, or\n(b)the Bank of England.\n(2)A provisional special administrator’s appointment terminates on the making of a special administration order.\nDisclaimer\n4.187\nNotice of disclaimer\n(In the case of special 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 special 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\n7.31\nRight to inspect court file\nRule 7.31 is not applied – but equivalent provision is made in Part 4 of these Rules.\n7.33\nCosts: application of the Civil Procedure 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\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\nExamination of persons\n9.1\nPreliminary\n1.Part 9 applies to applications under section 236 of the Insolvency Act 1986 (inquiry into society’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 society.\n9.2\nForm and contents of application\n9.3\nOrder for examination, etc\n9.4\nProcedure for examination\n9.5\nRecord of examination\n9.6\nCosts of proceedings\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, expenses, etc\n12.3\nProvable debts\n12.4\nNotices\n12.4A\nQuorum at meetings\n12.5\nEvidence of proceedings at meeting\n12.6\nDocuments issuing from 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 effected. 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, etc.\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": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in rule 63 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. 190(15)(b)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in rule 63 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. 190(15)(a)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 63 in force at 15.11.2010, see rule 2"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 2009/805 modifies the application of paragraph 65 of Schedule B1."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2010/2580/rule/63",
    "retrieved_at": "2026-10-29T02:27:28.460933+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."
}