{
  "url": "https://openlegislation.uk/draft-collective-investment-in-transferable-securities-contractual-scheme-regulations-2013/schedule-5/part-2",
  "json_url": "https://openlegislation.uk/draft-collective-investment-in-transferable-securities-contractual-scheme-regulations-2013/schedule-5/part-2.json",
  "legislation": "ukdsi/2013/9780111537756",
  "legislation_title": "The Collective Investment in Transferable Securities (Contractual Scheme) Regulations 2013",
  "legislation_url": "https://openlegislation.uk/draft-collective-investment-in-transferable-securities-contractual-scheme-regulations-2013",
  "path": "schedule/5/part/2",
  "kind": "part",
  "number": "2",
  "heading": "Table of specific modifications of the Insolvency Rules (Northern Ireland) 1991",
  "text": "Rule\nSubject\nModification\nPart 4 (companies winding up)\nChapter 1 (the scheme of Part 4)\n4.002\nWinding up by the court: the various forms of petition\nParagraph (2) is to be read as if—\n(a) the reference to the company included a reference to the operator of a relevant scheme; and\n(b) the words “the directors,” and “the official receiver,” were omitted.\nChapter 2 (the statutory demand)\n4.004\nPreliminary\nIn paragraph (2) the reference to a company is to be read as a reference to the operator of a relevant scheme.\n4.005\nForm and content of statutory demand\nIn paragraph (2)(a) the reference to the company’s liability is to be read as a reference to the liability of the relevant scheme in relation to which the statutory demand has been served.\n4.006\nInformation to be given in statutory demand\nIn paragraph (1)(c) the reference to the company is to be read as a reference to the operator of the relevant scheme in relation to which the statutory demand has been served.\nChapter 3 (petition to winding-up order)\n4.007\nPresentation and filing of petition\nParagraph (3) is to be read as if the words “If the petitioner is other than the company itself,” were omitted.\n4.008\nService of petition\nThis Rule is to be read as if paragraph (2) required the petition is to be served at the registered office or principal place of business of the operator and of the depositary.\nParagraphs (3) to (5) apply in relation to the operator and in relation to the depositary as they apply in relation to a company on which a petition is served.\n4.010\nOther persons to receive copies of petition\nThis Rule is to be read as if there were substituted for paragraphs (1) to (5)—\n“(1) The petitioner must send a copy of the petition to the FCA.”.\n4.011\nNotice and advertisement of petition\nThe advertisement must state (instead of the particulars in paragraph (5)(a)) the name of the relevant scheme, the name and registered office (or principal place of business) of the operator and of the depositary and, if service of the petition was effected overseas, the address at which it was effected.\n4.013\nPersons entitled to copy of petition\nThis Rule is to be read as if the word “director,” were omitted.\n4.015\nDismissal or withdrawal of petition\nIn paragraph (1)(c) the reference to the company is to be read as a reference to the operator and the depositary.\n4.018\nAffidavit by company in opposition\nIn this Rule—\n(a) each reference to the company is to be read as a reference to the operator; and\n(b) paragraph (1) is to be read as if it required the operator to file an affidavit only with the depositary’s consent.\nChapter 4 (petition by contributories)\n4.024 to 4.026\nPetition by contributories\nThese Rules do not apply.\nChapter 5 (provisional liquidator)\n4.027\nAppointment of provisional liquidator\nParagraph (1) is to be read as if it provided that an application for the appointment of a provisional liquidator may be made by the operator, the depositary, the FCA or a creditor.\n4.031\nSecurity\nIn paragraph (2)(a) the reference to the making of an order on the company is to be read as a reference to the making of an order on the operator and the depositary.\nChapter 6 (Statement of affairs and other information)\n4.043\nSubmission of accounts\nA reference to the accounts of the company is to be read as a reference to the accounts relating to the affairs of the relevant scheme.\nChapter 7 (information to creditors and contributories)\n4.047\nReports by official receiver\nThis Rule is to be read as if paragraphs (1A) and (1B) were omitted.\n4.052\nWinding up stayed\nIn paragraph (2) the reference to the company is to be read as a reference to the operator.\nChapter 8 (meetings of creditors and contributories)\n4.065\nAttendance at meetings of company’s personnel\nA reference to the company’s personnel is to be read as a reference to—\n(a) the operator and the depositary; and\n(b) the directors and employees of the operator and the depositary.\nChapter 9 (proof of debts in a liquidation)\n4.085\nLiquidator to allow inspection of proofs\nThe reference to any contributory of the company is to be read as a reference to the operator or the depositary.\n4.089\nAppeal against decision on proof\nIn paragraph (3) the reference to a contributory is to be read as a reference to the operator or the depositary.\n4.096\nMutual credits and set-off\nA reference to mutual credits, mutual debts or other mutual dealings between the company and any creditor is to be read as a reference to mutual credits etc. between the operator on behalf of the participants and a creditor, and a reference to any obligation to or from the company, or any sum due or owed to, or due from, the company is to be read accordingly.\nChapter 10 (secured creditors)\n4.104\nTest of security’s value\nIn paragraph (2) the reference to the liquidator on behalf of the company is to be read as a reference to the liquidator acting in the best interests of the relevant scheme.\nChapter 11 (the liquidator)\n4.131\nRelease of official receiver\nThis Rule is to be read as if paragraph (2A) were omitted.\n4.132\nFinal meeting\nThis Rule is to be read as if paragraph (2A) were omitted.\n4.135\nOther matters affecting remuneration\nParagraph (3) is to be read as if for the words “act on behalf of the company” there were substituted “act in the liquidation”.\n4.145\nLiquidator’s duties on vacating office\nA reference to the company’s books, papers and other records is to be read as a reference to all books, papers and other records affecting or relating to the affairs of, or the property subject to, the relevant scheme.\n4.157\nPower of court to set aside certain transactions\nParagraph (1) is to be read as if the court’s power to order the liquidator to compensate the company for loss suffered in consequence of a transaction which is set aside included power to order the liquidator, by way of compensation for loss suffered in consequence of such a transaction, to contribute any sum to the property subject to the relevant scheme.\nChapter 12 (the liquidation committee)\n4.160\nMembership of committee\nParagraph (1) is to be read as if the words “Subject to Rule 4.162,” were omitted.\n4.162\nCommittee established by contributories\nThis Rule does not apply.\n4.179\nComposition of committee when creditors paid in full\nThis Rule is to be read as if—\n(a) at the end of paragraph (4) there were inserted “and the committee is abolished”; and\n(b) paragraphs (5) to (9) were omitted.\nChapter 14 (collection and distribution of company’s assets by liquidator\n4.190\nDebts of insolvent company to rank equally\nThis Rule is to be read as if the references to preferential debts were omitted.\nChapter 15 (disclaimer)\n4.198\nCommunication of disclaimer to persons interested\nIn paragraph (2) the reference to a person who claims under the company as underlessee or mortgagee is to be read as a reference to a person claiming as underlessee or mortgagee under the leasehold title which is held by the depositary (or a person nominated by the depositary to hold the leasehold title).\nChapters 16, 17 and 18\n4.205 to 4.211\nSettlement of list of contributories\nThese Rules do not apply.\n4.212 to 4.215\nCalls\nThese Rules do not apply.\n4.216 to 4.220\nSpecial manager\nThese Rules do not apply.\nChapter 19 (public examination of company officers and others)\n4.223\nOrder on request by creditors or contributories\nIn paragraph (3) the reference to the relationship which the proposed examinee has, or has had, to the company is to be read as a reference to that person’s interest in the relevant scheme or dealings with the operator.\nChapter 20 (order of payment of costs out of assets)\n4.228\nGeneral rule as to priority\nParagraph (2) is to be read as if sub-paragraph (b) were omitted.\nParagraph (3) is to be read as if the words “Subject as provided in Rules 4.228A to 4.228E,” were omitted.\nIn paragraphs (2) and (3) a reference to any legal action or proceedings or any arbitration or other dispute resolution procedure which the liquidator has power to bring or defend in the name of the company is to be read as a reference to such action, proceedings or procedure which the liquidator has power to bring or defend on behalf of the participants.\n4.228A to 4.228E\nLitigation expenses and property subject to a floating charge\nThese Rules do not apply.\n4.230\nSaving for powers of the court\nIn paragraph (2)—\n(a) the reference to proceedings by or against the company is to be read as a reference to proceedings brought by or against the operator for the resolution of any matter relating to the relevant scheme; and\n(b) the reference to the power of any court to order costs to be paid by the company is to be read as a reference to the power of any court to order costs to be paid out of the property subject to the relevant scheme.\nChapter 21 (miscellaneous rules)\n4.231 and 4.232\nOrder authorising a return of capital\nThese Rules do not apply.\n4.233\nStatement to registrar under Article 162\nThis Rule is to be read as if paragraph (2) were omitted.\n4.234 and 4.235\nDissolution after winding up\nThese Rules do not apply.\nChapters 22 and 23\n4.236 to 4.240\nLeave to act as director, etc., of company with prohibited name\nThese Rules do not apply.\n4.241\nEC Regulation – member state liquidator\nThis Rule does not apply.\nPart 7 (court procedure and practice)\n7.05\nPreliminary\nThe reference to a petition for a winding-up order under Part V is to be read as a reference to a petition presented under regulation 17(9).\n7.27\nRight to inspect the file\nIn paragraph (2)(a)—\n(a) the reference to a director or officer of the company is to be read as a reference to the operator and the depositary; and\n(b) the reference to a member of the company is to be read as a reference to a participant.\n7.37\nCosts and expenses of witnesses\nIn paragraph (1) the reference to an officer of the insolvent company is to be read as a reference to—\n(a) the operator or any person who is employed by the operator; or\n(b) the depositary or any person who is employed by the depositary.\n7.51\nRestriction on concurrent proceedings and remedies\nThe reference to the property of a company is to be read as a reference to the property subject to a relevant scheme.\nPart 8 (proxies and company representation)\n8.5\nRight of inspection\nIn paragraph (3) the right of inspection exercisable in the case of an insolvent company by its directors is exercisable in the case of the relevant scheme by the operator or the depositary.\nPart 12 (miscellaneous and general)\n12.08\nForms for use in insolvency proceedings\nAny form prescribed for use by this Rule which is used in proceedings for winding up a relevant scheme is to be read with the modifications set out in this Schedule (so far as applicable for the form concerned).\nThis Rule is to be read, in relation to such a form, as subject to a requirement to vary the form as necessary to take account of applicable modifications.\n12.17\nCharge for copy documents\nThe first reference to a member is to be read as a reference to a participant.\n12.20\nFalse claim of status as creditor, etc.\nIn paragraph (1)—\n(a) each reference to the Rules is to be read as a reference to the Rules as modified by this Schedule; and\n(b) the reference to the members of a company is to be read, in relation to the winding up of a relevant scheme, as a reference to—\n(i) the operator or depositary of the relevant scheme; or\n(ii) the participants in it.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2013/9780111537756/schedule/5/part/2",
    "retrieved_at": "2026-10-30T14:50:04.641604+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."
}