The Payment and Electronic Money Institution Insolvency (Northern Ireland) Rules 2026
S.R. 2026/11 · Made 22 January 2026 · Extends to Northern Ireland
Financial Services And Markets
Insolvency
Made 22nd January 2026
Coming into operation 2nd March 2026
The Department of Finance concurs in the making of these Rules.
The Lady Chief Justice of Northern Ireland concurs in the making of these Rules, in so far as they affect High Court procedure.
Annotations to the whole text
Footnotes
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S.I. 1989/2405 (N.I.19). Article 359 was amended by the Insolvency (Northern Ireland) Order 1989 (Amendment Regulations (Northern Ireland) 2002 (S.R. 2002 No. 223), section 15 of and paragraph 81 of Schedule 5 to the Constitutional Reform Act 2005 (c.4), Article 15(1) and (5) of and paragraph 142 of Schedule 18 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976) and by the Insolvency Amendment (EU 2015/848) Regulations 2017 (S.I. 2017/702).
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Contents
- Part 1: Introductory Provisions
- 1Citation
- 2Commencement
- 3Interpretation
- 4Application of Rules
- Part 2
- Chapter: Application for special administration order
- 5Content of application
- 6Statement of proposed administrator
- 7Affidavit in support of application
- 8Filing of application
- 9Service of application
- 10Proof of service
- 11Further notification
- 12The hearing
- 13The special administration order
- 14Costs
- 15Notice of special administration order
- Part 3: Process of Special Administration
- Chapter 1: Notice of appointment and statement of affairs
- 16Notification and advertisement of administrator’s appointment
- 17Notice requiring statement of affairs
- 18Statement of affairs: content
- 19Details of the asset pool, safeguarding measures and reconciliation
- 20Verification, filing and affidavit
- 21Limited disclosure
- 22Release from duty to submit statement of affairs
- 23Expenses of statement of affairs
- 24Submission of accounts
- Chapter 2: Statement of proposals
- 25Administrator’s proposals
- 26Limited disclosure of the statement of proposals
- Chapter 3: Initial meeting to consider proposals
- 27Initial meeting
- 28Notice to officers
- 29Business of the initial meeting
- 30Adjournment of meeting to approve the statement of proposals
- 31Revision of the statement of proposals
- 32Meeting to approve the revised statement of proposals
- 33Notice to creditors and customers
- Chapter 4: Meetings generally
- 34Meetings generally
- 35Venue
- 36Notice of meeting by individual notice: when and where sent
- 37Notice of meeting by individual notice: content and accompanying documents
- 38Notice of meeting by advertisement only
- 39Content of notice for meetings
- 40Gazetting and advertisement of meetings
- 41Non-receipt of notice of meeting
- 42Requisition of meetings
- 43Expenses of requisitioned meetings
- 44Quorum at meetings
- 45Chair at meetings
- 46Adjournment by chair
- 47Adjournment in absence of chair
- 48Claims, proofs and proxies in adjournment
- 49Suspension
- 50Venue and conduct of company meetings
- Chapter 5: Entitlement to vote at meetings
- 51Entitlement to vote (creditors)
- 52Calculation of voting rights (creditors)
- 53Calculation of voting rights: special cases (creditors)
- 54Procedure for admitting creditors’ claims for voting
- 55Entitlement to vote (customers)
- 56Procedure for admitting customers’ relevant funds claims for voting
- 57Voting at meetings of creditors and customers
- 58Requisite majorities
- 59Requisite majorities at contributories’ meetings
- 60Appeals against decisions under this Chapter
- Chapter 6: Correspondence and remote attendance
- 61Correspondence instead of meetings
- 62Remote attendance at meetings conducted in accordance with Article 208ZA Not yet in force
- 63Action where person excluded Not yet in force
- 64Indication to excluded person Not yet in force
- 65Complaint Not yet in force
- Chapter 7: Records, returns and reports
- 66Minutes
- 67Returns or reports of meetings
- Chapter 8: The creditors’ committee
- 68Constitution of creditors’ committee
- 69Formalities of establishment
- 70Functions and meetings of the creditors’ committee
- 71The chair at meetings
- 72Quorum
- 73Creditors’ committee members’ representatives
- 74Resignation
- 75Termination of membership
- 76Removal
- 77Vacancies
- 78Procedure at meetings
- 79Remote attendance at meetings of creditors’ committee
- 80Procedure for requests that a place for a meeting should be specified
- 81Resolutions of creditors’ committees by post
- 82Information from administrator
- 83Expenses of members
- 84Members dealing with the institution
- 85Formal defects
- Chapter 9: Progress reports
- 86Content of progress report
- 87Delivering a progress report
- Chapter 10: Proxies and corporate representation
- 88Definition of proxy
- 89Issue and use of forms
- 90Use of proxies at meetings
- 91Retention of proxies
- 92Right of inspection
- 93Proxy-holder with financial interest
- 94Corporate representation
- Chapter 11: Disposal of charged property
- 95Application to dispose of charged property
- Part 4: Expenses of the special administration
- 96Expenses of voluntary arrangement
- 97Expenses to be paid out of the institution’s assets
- 98Expenses to be paid out of the relevant funds
- 99Pre-administration costs
- 100Allocation of expenses to be paid from the relevant funds
- Part 5: Relevant funds claims
- 101Content of relevant funds claim
- 102Debt in a foreign currency
- 103Costs of making a claim
- 104New administrator appointed
- 105Admission and rejection of relevant funds claim
- 106Appeal against decision on relevant funds claim
- 107Withdrawal or variation of relevant funds claim
- 108Exclusion of relevant funds claim by the court
- Part 6: Objective 1
- Chapter 1: Setting a bar date and further notifications
- 109Notice of the bar date
- 110Notifying potential claimants after bar date has passed
- Chapter 2: Distribution plan
- 111Distribution plan
- 112Approval by the creditors’ committee
- 113Approval by the court
- 114Treatment of late claimants
- Part 7: Distributions to creditors
- Chapter 1: Application
- 115Distribution to creditors
- 116Debts of institution to rank equally
- 117Supplementary provisions as to dividend
- 118Division of unsold assets
- Chapter 2: Proofs of debt
- 119Proving a debt
- 120Costs of proving
- 121Administrator to allow inspection of proofs
- 122New administrator appointed
- 123Admission and rejection of proofs for dividend
- 124Appeal against decision on proof
- 125Withdrawal or variation of proof
- 126Exclusion of proof by the court
- Chapter 3: Quantification of claims
- 127Estimate of quantum
- 128Negotiable instruments
- 129Secured creditors
- 130Discounts
- 131Mutual credit and set-off
- 132Debt in a foreign currency
- 133Payments of a periodical nature
- 134Interest
- 135Debt payable at a future time
- 136Value of security
- 137Surrender for non-disclosure
- 138Redemption by administrator
- 139Test of security’s value
- 140Realisation of security by creditor
- 141Notice of proposed distribution
- 142Admission or rejection of proofs
- 143Postponement or cancellation of dividend
- 144Declaration of a dividend
- 145Notice of declaration of a dividend
- 146Payments of dividend and related matters
- 147Notice of no dividend or no further dividend
- 148Proof altered after payment of dividend
- 149Secured creditors
- 150Disqualification from dividend
- 151Assignment of right to dividend
- 152Debt payable at a future time
- Part 8: The Administrator
- Chapter 1: Powers of the administrator
- 153General powers
- 154Powers of disclaimer
- 155Communication of disclaimer to persons interested
- 156Additional notices
- 157Records
- 158Application by interested party
- 159Interest in property to be declared on request
- 160Disclaimer presumed valid and effective
- 161Application for the exercise of court’s powers under Article 155
- Chapter 2: Fixing of remuneration
- 162Fixing of remuneration
- 163Recourse to meeting of creditors and customers
- 164Recourse to the court
- 165Creditors’ and customers’ request for further information
- 166Claim that remuneration is excessive
- 167Review of remuneration
- 168Remuneration of new administrator
- 169Apportionment of set fee remuneration
- Chapter 3: Replacing the administrator
- 170Grounds for resignation
- 171Notice of intention to resign
- 172Notice of resignation
- 173Application to court to remove administrator from office
- 174Notice of vacation of office when administrator ceases to be qualified
- 175Administrator deceased
- 176Application to replace
- 177Notification and advertisement of appointment of replacement administrator
- 178Notification and advertisement of appointment of joint administrator
- 179Notification of new administrator
- 180Administrator’s duties on vacating office
- Part 9: End of special administration
- 181Final progress reports
- 182Application to court by administrator
- 183Application to court by creditor
- 184Notification by administrator of court order
- 185Moving from special administration to dissolution
- Part 10: Court procedure and practice
- Chapter 1: Application of the Rules of the Court of Judicature
- 186Principal court rules and practice to apply
- Chapter 2: The Court
- 187Shorthand writers — nomination, appointment, remuneration and costs
- 188Court file
- 189Office copies of documents
- 190Payments into court
- Chapter 3: Obtaining information and evidence
- 191Further information and discovery
- 192Affidavits — general
- 193Filing and service of affidavits
- 194Evidence provided by the administrator
- Chapter 4: Service of court documents
- 195Application of Chapter
- 196Service of court documents within the jurisdiction
- 197Service of court documents outside jurisdiction
- 198Service of orders staying proceedings
- 199Service on joint office-holders
- Chapter 5: Applications to court – general
- 200Application of Chapter
- 201Form and contents of application
- 202Filing and service of application
- 203Directions
- 204Hearings without notice
- 205Hearing of application
- 206Adjournment of the hearing of an application
- Chapter 6: Applications to the court under Article 150A of the I (N.I.) O 1989
- 207Application of Chapter
- 208Applications under Article 150A(5) to disapply Article 150A
- 209Notice of application under Article 150A(5)
- 210Notice of an order under Article 150A(5)
- Chapter 7: Applications for an order under Article 200 of the I (N.I.) O 1989
- 211Application of Article 200 of the I (N.I.) O 1989
- 212Form and contents of application
- 213Order for examination etc.
- 214Procedure for examination
- 215Record of examination
- 216Costs of proceedings under Article 200 of the I (N.I.) O 1989
- Chapter 8: People who lack capacity to manage their affairs etc.
- 217Application of Chapter 8
- 218Appointment of another person to act
- 219Affidavit in support of application
- 220Service of notices following appointment
- Chapter 9: Formal defects
- 221Formal defects
- Chapter 10: Costs and taxation
- 222Application of Chapter 10
- 223Requirement to tax costs
- 224Procedure where taxation is required
- 225Costs paid otherwise than out of the institution’s estate
- 226Award of costs against the administrator
- 227Applications for costs
- 228Costs and expenses of witnesses
- 229Final costs certificate
- Chapter 11: Enforcement procedures
- 230Enforcement of court orders
- 231Orders enforcing compliance with these Rules
- 232Warrants (general provisions)
- 233Warrants under Article 200
- Chapter 12: Appeals
- 234Application of Chapter 12
- 235Appeals and reviews of court orders
- 236Procedure on appeal
- 237Appeal against decision of the Secretary of State
- Part 11: Prohibited names
- 238Preliminary
- 239Application for permission under Article 180(3)
- 240First excepted case
- 241Second excepted case
- 242Third excepted case
- Part 12: Provisions of general effect
- Chapter 1: Miscellaneous and general
- 243Costs, expenses etc
- 244Provable debts
- 245False representation of status for purpose of inspecting documents
- 246Punishment of offences
- Chapter 2: The giving of notice and the supply of documents
- 247Application
- 248Personal delivery
- 249Postal delivery of documents
- 250Notice etc to authorised recipients
- Chapter 3: The giving of notice and the supply of documents to or by the administrator
- 251Application
- 252The form
- 253Proof of sending
- 254Authentication
- 255Electronic delivery — general
- 256Electronic delivery by administrator
- 257Use of websites by administrator
- 258General use of websites to deliver notices and other documents Not yet in force
- 259Electronic delivery of special administration documents to court
- 260Notice etc to joint administrators
- 261Execution overtaken by judgment debtor’s insolvency
- 262Notice to the Enforcement of Judgments Office
- 263Electronic submission of information
- 264Contents of notices to be gazetted
- 265Gazette notices relating to an institution that is a company
- 266Omission of unobtainable information
- 267The Gazette — general
- 268Content of notices advertised other than in the Gazette
- 269Non-Gazette notice relating to an institution that is a company
- 270Non-Gazette notices — other provisions
- Chapter 4: Notifications to the registrar of companies
- 271Application of Chapter 4
- 272Information to be contained in all notifications to the registrar of companies
- 273Notification relating to the administrator
- 274Notifications relating to documents
- 275Notifications relating to court orders
- 276Notifications relating to other events
- 277Notifications of more than one nature
- 278Notifications made to other persons at the same time
- Chapter 5: Further provisions concerning documents
- 279Confidentiality of documents — grounds for refusing inspection
- 280Right to copy documents
- 281Charges for copy documents
- 282Right to have list of creditors
- Chapter 6: Time limits and security
- 283Time limits
- 284Administrator’s security
- Chapter 7: Transfer of proceedings
- 285Proceedings commenced in the wrong division of the High Court
- 286Proceedings other than special administration commenced
- Part 13: General interpretation and application
- 287Introduction
- 288“The High Court” and “the Master”
- 289Remote attendance at meetings and place
- 290Insolvent estate
- 291The appropriate fee
- 292“Debt” and “liability”
- 293Application of the I (N.I.) O 1989 and the Company Directors Disqualification (N.I.) Order 2002
- Signature
- Schedule Punishment of offences
- Explanatory note