{
  "url": "https://openlegislation.uk/building-society-special-administration-rules-northern-ireland-2014/article-63",
  "json_url": "https://openlegislation.uk/building-society-special-administration-rules-northern-ireland-2014/article-63.json",
  "legislation": "nisr/2014/40",
  "legislation_title": "The Building Society Special Administration Rules (Northern Ireland) 2014",
  "legislation_url": "https://openlegislation.uk/building-society-special-administration-rules-northern-ireland-2014",
  "path": "article/63",
  "kind": "article",
  "number": "63",
  "heading": "Table of applications and specific modifications",
  "text": "This Rule contains the Table of applied provisions of the 1991 Rules.\nRule\nSubject\nSpecific modifications\nPreparatory steps\nIntroductory Provisions 0.1 to 0.7\nInterpretation and application\n2.028\nNotification and advertisement of administrator's appointment\n(1) In paragraph (1), for “newspaper”, substitute “ manner ”.\n(2) Ignore 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 special administrator;\n(b)the Bank of England; and\n(c)the FCA and where relevant the PRA.\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 special administrator;\n(b)the Bank of England; and\n(c)the FCA and where relevant the PRA.\n2.033\nExpenses of statement of affairs\nSpecial 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 FCA, and where relevant the PRA, and the FSCS are added to the list in paragraph (2) of persons entitled to notice.\n2.036\nCreditors' meetings generally\nThe FCA, and where relevant the PRA, and FSCS are added to the list in paragraph (3) of persons to whose convenience the special 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 special 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\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.\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 1989 Order in Table 1 in section 145 of the Banking Act.)\n2.052\nFormalities of establishment\n2.053\nFunctions and meetings of the committee\n2.054\nThe chair 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 society\nIn respect of any application to set aside a transaction under paragraph (3)—\n(a)notice of the application shall 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.\n2.066\nFormal defects\nProcess of administration\n2.067\nDisposal 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 special administrator shall 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 shall send a copy to the Bank of England as soon as is reasonably practicable.\n2.068\nExpenses of the administration\nIn addition to the matters listed in Rule 2.068(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.\n2.069\nDistributions to creditors: introduction\nIn paragraphs (1) and (2) references to creditors include references to shareholding members.\n(Distributions in the case of building society special administration following transfer to a bridge bank under section 12(2) of the Banking 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 1989 Order in Table 1 in section 145 of the Banking Act.)\n2.070\nDebts of insolvent company to rank equally\n“Debts” do not include amounts owing from the society to a member in respect of shares.\n2.071\nSupplementary provisions as to dividend\n2.072\nDivision of unsold assets\n2.073\nProving a debt\n2.074\nClaim established by affidavit\n2.075\nCosts of proving\n2.076\nAdministrator to allow inspection of proofs\n2.077\nNew administrator appointed\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 shall 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.\n2.080\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 shall 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.\nQuantification of claims\n2.082\nEstimate of quantum\n2.083\nNegotiable instruments, etc.\n2.084\nSecured creditors\n2.085\nDiscounts\n2.086\nMutual credit and set-off\nIn addition to the matters listed in Rule 2.086(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 the 2012 Rules are met, Rule 2.086 applies with the modifications set out in Rule 49 in addition to the modifications set out above.\n2.087\nDebt in foreign currency\n2.088\nPayments of a periodical nature\n2.089\nInterest\n2.090\nDebt payable at future time\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\n(1) The notice in Rule 2.096(1) shall also be given where the special administrator is proposing to make a distribution to shareholding members.\n(2) The notice in Rule 2.096(1) shall state, where applicable, that the distribution is to shareholding members of the society.\n(3) The following are added to the list of those entitled to receive notice under Rule 2.096(2)(a)—\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, the Bank of England.\n(4) In Rule 2.096(4)(a) the reference to a distribution to creditors includes, where appropriate, a distribution to shareholding members.\n2.097\nAdmission or rejection of proofs\n2.098\nDeclaration of dividend\nIn Rule 2.098(1) the reference to one or more classes of creditor includes a reference to one or more classes of shareholding member.\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 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, 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 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.\n(3) The particulars required by Rule 2.099(2) include, where appropriate, details of any distribution to shareholding members.\n2.100\nPayment of dividends and related matters\nIn Rule 2.100(2) the reference to any creditor includes a reference to any shareholding member.\n2.101\nNotice of no dividend or no further dividend\n(1) The special administrator shall copy any notice under Rule 2.101 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 2.069 (as applied).\n(2) In Rule 2.101 the reference to creditors includes a reference to shareholding members.\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 shall 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.\n2.105\nAssignment of right to dividend\n2.106\nDebt payable at future time\nThe “relevant date” is the date of the special administration order.\nThe special administrator\n2.107\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 2.107(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 the achievement of Objective 1.\n(2) In respect of any application under Rule 2.109—\n(a) notice of the application shall 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.\n2.110\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 reports\n(1) The reference to Rule 2.048 is to be treated as a reference to Rule 36.\n(2) In the case of special administration following transfer to a bridge bank under section 12(2) of the Banking Act the final progress report—\n(a) shall not be made until the special administrator is satisfied that any payment likely to be made to the building society 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.\n2.115\nApplication to court by administrator\nRule 2.115 is not applied – but equivalent provision is made by Part 3 of these Rules\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 special 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 and the FCA and where relevant the PRA 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 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 89 of Schedule B1 to the 1989 Order in Table 1 in section 145 of the Banking Act.)\n(1)An application shall 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 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 (ignoring references to paragraph 96 of Schedule B1 to the 1989 Order).\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 92 of Schedule B1 to the 1989 Order in Table 1 in section 145 of the Banking Act) see Part 3 of these Rules.)\n2.127\nNotification and advertisement of appointment of replacement administrator\n2.128\nNotification and advertisement of appointment of joint administrator\n2.129\nNotice to FCA of replacement or addition\n2.130\nAdministrator's duties on vacating office\nProvisional special administrator (see application of Article 115 of the 1989 Order in Table 2 in section 145 of the Banking Act )\n4.027\nAppointment of provisional liquidator\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 up security\n4.033\nRemuneration\nIgnore paragraph (5).\n4.034\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\n4.197\nNotice of disclaimer\n(In the case of special administration following transfer to a bridge bank under section 12(2) of the Banking Act 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 1989 Order in Table 2 in section 145 of the Banking Act.)\n4.198\nCommunication of disclaimer to persons interested\n4.199\nAdditional notices\n4.200\nDuty to keep court informed\n4.201\nApplication by interested party under Article 152(4) of the 1989 Order\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 1989 Order\n(Article 155 is applied by Table 2 in section 145 of the Banking Act.)\nCourt procedure and practice\n7.05\nApplication of Chapter 2 of Part 7\n7.06\nInterpretation\n7.07\nForm and contents of application\n7.07A\nApplication to disapply Article 150A of the 1989 Order\n7.08\nFiling and service of application\n7.08A\nNotice of application under Article 150A of the 1989 Order\n7.09\nOther hearings ex parte\n7.10\nUse of affidavit evidence\n7.11\nFiling and service of affidavit\n7.12\nUse of reports\n7.13\nAdjournment of hearing 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 the Order\n7.21\nWarrants\n7.22\nWarrants under Article 200\n7.24\nCourt records\n7.25\nInspection of records\n7.27\nRight to inspect the file\nRule 7.27 is not applied – but equivalent provision is made in Part 4 of these Rules.\n7.29\nCosts: application of the Rules of the Court of Judicature of (Northern Ireland) 1980\n7.30\nRequirement to tax costs\n7.32\nProcedure where taxation 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 incapable of managing their affairs\n7.39\nAppointment of another person to act\n7.40\nAffidavit in support of application\n7.41\nServices of notices following appointment\n7.42\nAppeals from Master\n7.44\nProcedure on appeal\n7.45\nPrincipal court rules and practice to apply\n7.47\nRight of attendance\n7.48\nInsolvency practitioner's solicitor\n7.50\nFormal defects\n7.51\nRestriction on concurrent proceedings and remedies\n7.52\nAffidavits\n7.53\nSecurity in court\n7.54\nDiscovery\n7.55\nCopies 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\n8.6\nProxy-holder with financial interest\nExamination of persons\n9.1\nPreliminary\n1 Part 9 applies to applications under Article 200 of the 1989 Order (inquiry into society's dealings, etc.) as applied by Table 2 in section 145 of the Banking Act.\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\n12.01\nRegulation of specified administrative matters\n12.02\nCosts\n12.03\nProvable debts\n12.04\nNotices\n12.05\nQuorum at meetings of creditors or contributories\n12.06\nEvidence of proceedings at meetings\n12.07\nDocuments issuing from Department\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\nGeneral provisions as to service\n12.13\nService outside jurisdiction\n12.14\nConfidentiality of documents\n12.15\nNotices sent simultaneously to the 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, etc.\n12.21\nThe Gazette\n12.22 and Schedule 3\nPunishment of offences\n12.23\nNotice of order under Article 150A(5) of the 1989 Order",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "M",
      "label": "M1",
      "text": "S.I. 2009/805 modifies the application of paragraph 66 of Schedule B1"
    },
    {
      "type": "M",
      "label": "M2",
      "text": "S.R. 1980 No. 346, as amended by the Constitutional Reform Act 2005 (c.4), section 59 and Schedule 11."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2014/40/article/63",
    "retrieved_at": "2026-10-29T01:08:09.223461+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."
}