Article 5.2 Provable debts
All claims by creditors, except as provided in this rule, are provable as debts against the further education body, whether they are present or future, certain or contingent, ascertained or sounding only in damages.
An obligation arising under a confiscation order made under Parts 2, 3 or 4 of the Proceeds of Crime Act 2002f1 is not provable.
The following claims are not provable until after all other claims of creditors have been paid in full with interest under rule 5.23—
a claim arising by virtue of section 382(1)(a) of the Financial Services and Markets Act 2000f2, unless it is also a claim arising by virtue of sub-paragraph (b) of that section (a person who has suffered loss etc.); and
a claim which by virtue of the Act or any other enactment is a claim the payment of which is to be postponed.
Nothing in this rule prejudices any enactment or rules of law under which a particular kind of debt is not provable, whether on grounds of public policy or otherwise.
Annotations
Footnotes
- f1
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2002 c. 29. Relevant amendments are made by paragraph 75(1) and (2) of Part 2 of Schedule 3 to the Criminal Justice Act 2003 (c. 44), Part 1 of Schedule 8 and paragraphs 1 and 2 of Schedule 14 to the Serious Crime Act 2007 (c. 27), and paragraphs 11 and 12 of the Schedule to the Prevention of Social Housing Fraud Act 2013 (c. 3).
- f2
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2000 c. 8. Section 382 has been amended by paragraph 21 of Schedule 9 to the Financial Services Act 2012 (c. 21).