OpenLegislation

Paragraph 1

Original text. Later amendments are not shown.

(1)

Where this Part of this Schedule applies, the enactments set out below apply with the following modifications.

(2)

References to—

(a)

an administrator appointed in respect of a Schedule B1 administration include a reference to an administrator appointed under a special administration order;

(b)

administration under Schedule B1 or “insolvent administration” include a reference to special administration;

(c)

“administration order” include a reference to a special administration order;

(d)

“insolvency legislation”, the “general law of insolvency”, the “enactments relating to insolvency” and similar expressions include special administration and the provisions of the Insolvency Act as applied by these Regulations;

(e)

becoming insolvent, or an “insolvency event” occurring in respect of the investment bank includes being put into special administration and “insolvency proceedings” or an “insolvency procedure” include special administration;

(f)

“winding up”, being “wound up”, “wound up by the court” “going into liquidation” or “compulsory liquidation” include being put into special administration, and a “winding-up order” include a special administration order (and, in this context, “liquidator” shall be read as “administrator”);

(g)

a person acting as an insolvency practitioner within the meaning of section 388 of the Insolvency Act include a person acting as an administrator under these Regulations;

(h)

the provisions of the Insolvency Act include those provisions as applied and modified by these Regulations; and

(i)

the provisions of the Insolvency Rules 1986f1, the Insolvency Rules (Northern Ireland) 1991f2 and the Insolvency (Scotland) Rules 1986f3 include the provisions of insolvency rules made under section 411 of the Insolvency Act as applied by regulation 15(6).

(3)

A reference to insolvency or liquidation within the meaning of section 247 of the Insolvency Act includes a reference to special administration.

(4)

A reference to the “purposes of the Insolvency Act 1986” includes a reference to the purposes of these Regulations.

Annotations

Footnotes

f1

S.I. 1986/1925.

f2

S.R. 1991 No. 364.

f3

S.I. 1986/1915.