Rule 30 Appointment of person under section 135I1
England and Wales
An application to the court for the appointment of a person under section 135 of the 1986 Act (as applied by paragraph 8 of Schedule 1 to the Regulations) may be made—
by the Bank of England; F1...
by the FCA, with the consent of the Bank of England; or
if the application relates to a PRA-authorised person, by the PRA, with the consent of the Bank of England;
The application must be supported by a witness statement stating—
the grounds upon which it is proposed that the person should be appointed;
that the person to be appointed has consented to act;
that the person to be appointed is qualified to act as an insolvency practitioner;
whether to the applicant’s knowledge there has been proposed or is in force for the investment bank a company voluntary arrangement under Part 1 of the 1986 Act;
the applicant’s estimate of the value of the assets in respect of which the person is to be appointed; and
the functions the applicant wishes to be carried out by the person appointed under this rule in relation to the investment bank’s affairs.
The court may on the application, if satisfied that an application has been made for a special administration (bank insolvency) order and that sufficient grounds are shown for the appointment, make it on such terms as it thinks fit.
Annotations
Textual amendments
- F1
Word in art. 30(1)(a) omitted (1.4.2013) by virtue of The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 210(j)(i) (with Sch. 2 para. 211)
- F2
Art. 30(1)(b)(c) substituted for art. 30(1)(b) (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 210(j)(ii) (with Sch. 2 para. 211)