The Bank Insolvency (England and Wales) Rules 2009

• (2) The person described in section 236(5) of the 1986 Act as the prescribed officer of the court is the tipstaff and his assistants of the court.

• (3) In this Chapter, references to property include books, papers and records.

Warrants under section 236

205

Apply rule 7.23 of the 1986 Rules. In paragraph (1), leave out “or 366 (the equivalent in bankruptcy)”.

CHAPTER 5 — COURT RECORDS AND RETURNS

Title of proceedings

206

Every proceeding under Part 2 of the 2009 Act shall, with any necessary additions, be titled “IN THE MATTER OF …………….. (naming the bank to which the proceedings relate) AND IN THE MATTER OF THE BANKING ACT 2009”.

Court records

207

Apply rule 7.27 of the 1986 Rules.

Inspection of records

208

Apply rule 7.28 of the 1986 Rules.

File of court proceedings and inspection

209

• (1) The Court shall open and maintain a file for each bank insolvency and (subject to the direction of the registrar) all documents relating to that bank insolvency shall be placed on that file.

• (2) Where a file has been opened under paragraph (1), the following have the right, at all reasonable times, to inspect that file—

• (a) the bank liquidator,

• (b) any person stating in writing that they are a creditor of the bank to which the bank insolvency relates,

• (c) a member of the bank,

• (d) any person who is, or at any time has been, a director or officer of the bank to which the bank insolvency relates,

• (e) any person who is a contributory of the bank to which the bank insolvency relates, and

• (f) the Bank of England, the FSA and the FSCS.

• (3) The right of inspection conferred on any person by paragraph (2) may be exercised on their behalf by a person properly authorised by them.

• (4) Any person may, with permission of the court, inspect the file.

• (5) The right of inspection conferred by this rule is not exercisable in respect of documents, or parts of documents, which the court has directed (either generally or specially) are not to be open to inspection without the court’s permission.

• (6) An application for a direction of the court under paragraph (5) may be made by the bank liquidator or by any party appearing to the court to have an interest in the bank insolvency.

• (7) If, for the purposes of powers conferred by the 1986 Act, the 2009 Act or these rules, the Secretary of State wishes to inspect the file on a bank insolvency and requests the court to transmit the file, the court shall comply with the request or, if the file is for the time being in use for the court’s own purposes, as soon as the file is no longer in such use.

• (8) Rule 208 applies in respect of the court’s records on any bank insolvency as they apply in respect of court records of general insolvency proceedings.

Filing of Gazette notices and advertisements

210

Apply rule 7.32 of the 1986 Rules. For “an officer of the court” substitute “the bank liquidator”.

CHAPTER 6 — COSTS AND DETAILED ASSESSMENT

Application of the CPR

211

Apply rule 7.33 of the 1986 Rules[^f00070].

Requirement to assess costs by the detailed procedure

212

• (1) Apply rule 7.34 of the 1986 Rules[^f00071].

• (2) In paragraph (1)—

• (a) for “company insolvency” and “liquidation” substitute “bank insolvency”,

• (b) ignore sub-paragraph (b), and

• (c) for the words from “court to which” to the end substitute “High Court”.

• (3) In paragraph (2), leave out “or creditors”.

• (4) In paragraph (5), for “trustee in bankruptcy or a liquidator” substitute “bank liquidator.”

• (5) Ignore paragraph (6).

Procedure where detailed assessment required

213

Apply rule 7.35 of the 1986 Rules. Ignore paragraph (6).

Costs of officers charged with executions of writs or other process

214

• (1) Apply rule 7.36 of the 1986 Rules[^f00072].

• (2) In paragraph (1)(a), leave out “or 346(2)”.

• (3) In paragraph (1)(b), leave out “or 346(3)”.

Costs paid otherwise than out of the insolvent estate

215

Apply rule 7.38 of the 1986 Rules.

Award of costs against responsible insolvency practitioner

216

• (1) Apply rule 7.39 of the 1986 Rules.

• (2) Leave out from the beginning to “expenses” and “the official receiver or”.

Application for costs

217

• (1) Apply rule 7.40 of the 1986 Rules.

• (2) In paragraph (1) for “insolvency” substitute “bank insolvency”.

• (3) In paragraph (2), leave out the words from “, and, in winding up” to the end.

• (4) In paragraph (3), leave out “and, where appropriate, the official receiver”.

Costs and expenses of witnesses

218

• (1) Apply rule 7.41 of the 1986 Rules.

• (2) In paragraph (1), leave out “the bankrupt or”.

• (3) Ignore paragraph (2).

Final costs certificate

219

Apply rule 7.42 of the 1986 Rules.

CHAPTER 7 — PERSONS INCAPABLE OF MANAGING THEIR AFFAIRS

Introductory

220

Apply rule 7.43 of the 1986 Rules[^f00073]. In paragraph (1), for (a), substitute “ by reason of being a protected person within the meaning of Part 21 of the CPR or”.

Appointment of another person to act

221

Apply rule 7.44 of the 1986 Rules. Ignore paragraph (3)(c).

Witness statement in support of application

222

• (1) Apply rule 7.45 of the 1986 Rules.

• (2) In paragraph (1) leave out from the beginning to “receiver”.

• (3) Ignore paragraph (2).

Service of notices following appointment

223

Apply rule 7.46 of the 1986 Rules.

CHAPTER 8 — APPEALS IN BANK INSOLVENCY PROCEEDINGS

Appeals and review of court orders

224

• (1) The High Court may review, rescind or vary any order made by it in the exercise of its jurisdiction under Part 2 of the Banking Act 2009.

• (2) An appeal from a decision of a registrar of the High Court lies, with the permission of the registrar or a judge of the High Court, to a single judge of the High Court, and a second appeal lies, with the permission of the Court of Appeal to the Court of Appeal.

• (3) An appeal of a decision of first instance of a judge of the High Court lies, with the permission of the judge or the Court of Appeal, to the Court of Appeal.

• (4) A bank insolvency order made under rule 16 cannot be appealed under this rule.

Procedure on appeal

225

Part 52 of the CPR applies with regard to the procedure for appeals.

Appeal against a decision of the Secretary of State

226

Apply rule 7.50 of the 1986 Rules[^f00074]. Ignore the reference to the official receiver and paragraph (2).

CHAPTER 9 — GENERAL

Principal court rules and practice to apply

227

• (1) The CPR and the practice and procedure of the High Court (including any practice direction) apply to bank insolvency proceedings in the High Court, with any necessary modifications, except so far as inconsistent with these Rules.

• (2) All bank insolvency proceedings shall be allocated to the multi–track for which CPR Part 29 makes provision and, accordingly those provisions of the CPR which provide for allocation questionnaires and track allocation do not apply.

Right of attendance

228

Apply rule 7.53 of the 1986 Rules. In paragraph (1) for “company insolvency proceedings” substitute “bank insolvency proceedings”.

Restriction on concurrent proceedings and remedies

229

Where in a bank insolvency, the court makes an order staying any action, execution or legal process against the property of the bank, service of the order may be effected by delivering a sealed copy by personal service to the applicant for the bank insolvency order.

Security in court

230

Apply rule 7.58 of the 1986 Rules.

Payment into court

231

Apply rule 7.59 of the 1986 Rules[^f00075].

Further information and disclosure

232

• (1) Apply rule 7.60 of the 1986 Rules[^f00076].

• (2) After paragraph (2) insert—

(3) Before the passing of a full payment resolution the court shall only grant an order on an application under paragraph (1)(b) if satisfied that granting the order is unlikely to prejudice the achievement of Objective 1.

Office copies of documents

233

Apply rule 7.61 of the 1986 Rules.

PART 19 — PROXIES AND COMPANY REPRESENTATION

Definition of “proxy”

234

• (1) Apply rule 8.1 of the 1986 Rules[^f00077].

• (2) In paragraph (2) leave out “company”.

• (3) In paragraph (4), after “the meeting”, add “or the bank liquidator” and ignore the rest of the sentence.

Issue and use of forms

235

Apply rule 8.2 of the 1986 Rules.

Use of proxies at meetings

236

Apply rule 8.3 of the 1986 Rules. Ignore paragraph (2).

Retention of proxies

237

Apply rule 8.4 of the 1986 Rules.

Right of inspection

238

• (1) Apply rule 8.5 of the 1986 Rules.

• (2) In paragraph (1)(b), for “a company’s members or” substitute “of the company’s”.

• (3) For paragraph (2) substitute—

(2) The reference in paragraph (1) to creditors is to those creditors who have proved their debts, but this does not include a person whose proof has been wholly rejected for purposes of voting, dividend or otherwise.

• (4) Ignore paragraph (3)(b).

Proxy–holder with financial interest

239

Apply rule 8.6 of the 1986 Rules.

Company representation

240

Apply rule 8.7 of the 1986 Rules. In paragraph (1), the reference to section 375 of the 1985 Act should, after that section is repealed, be to section 323 of the 2006 Act.

PART 20 — EXAMINATION OF PERSONS CONCERNED IN BANK INSOLVENCY

Preliminary

241

• (1) The rules in this Part relate to applications to the court for an order under section 236 of the 1986 Act (inquiry into company’s dealings when it is, or is alleged to be, insolvent).

• (2) The following definitions apply—

• (a) the person in respect of whom an order is applied for is “the respondent”,

• (b) “the applicable section” is section 236 of the 1986 Act, and

• (c) the bank is “the insolvent”.

Form and contents of application

242

Apply rule 9.2 of the 1986 Rules[^f00078].

Order for examination, etc.

243

Apply rule 9.3 of the 1986 Rules.

Procedure for examination

244

Apply rule 9.4 of the 1986 Rules[^f00079].

Record of examination

245

Apply rule 9.5 of the 1986 Rules.

Costs of proceedings

246

• (1) Apply rule 9.6 of the 1986 Rules[^f00080].

• (2) In paragraph (2)(a) leave out “or 367(1)” and in paragraph (2)(b) leave out “or 367(2)”.

• (3) In paragraph (3)(a), for “company insolvency” substitute “bank insolvency”.

• (4) Ignore paragraph (3)(b).

• (5) Ignore paragraph (5).

PART 21 — DECLARATION AND PAYMENT OF DIVIDEND

Preliminary

247

• (1) The rules in this Part relate to the declaration and payment of dividends in a bank insolvency.

• (2) In this Part—

• “creditors” means those creditors of the bank of whom the bank liquidator is aware, or who are identified in the bank’s statement of affairs and

• “the insolvent” means the bank.

Notice of intended dividend

248

Apply rule 11.2 of the 1986 Rules[^f00081]. Ignore paragraph (1)(b).

Final admission/rejection of proofs

249

Apply rule 11.3 of the 1986 Rules[^f00082]. Ignore paragraph (4).

Postponement or cancellation of dividend

250

Apply rule 11.4 of the 1986 Rules.

Decision to declare dividend

251

Apply rule 11.5 of the 1986 Rules.

Notice of declaration

252

• (1) Apply rule 11.6 of the 1986 Rules[^f00083].

• (2) Ignore paragraph (1)(b)[^f00084].

• (3) In paragraph (2), after (b), add—

(ba) expenses incurred by the bank liquidator in the achievement of objective 1 under section 99 of the Banking Act 2009.

Notice of no, or no further, dividend

253

Apply rule 11.7 of the 1986 Rules.

Proof altered after payment of dividend

254

Apply rule 11.8 of the 1986 Rules.

Secured creditors

255

Apply rule 11.9 of the 1986 Rules.

Disqualification from dividend

256

Apply rule 11.10 of the 1986 Rules.

Assignment of right to dividend

257

Apply rule 11.11 of the 1986 Rules.

Preferential creditors

258

Apply rule 11.12 of the 1986 Rules[^f00085].

Debt payable at future time

259

Apply rule 11.13 of the 1986 Rules[^f00086]. For paragraph (3) substitute “In paragraph (2), “relevant date” means the date of the commencement of bank insolvency.”

PART 22 — MISCELLANEOUS AND GENERAL

Power of Secretary of State or Treasury to regulate certain matters

260

• (1) As provided for in paragraph 27 of Schedule 8 to the 1986 Act[^f00087], either the Secretary of State or the Treasury may, subject to the Act and to these Rules, make regulations with respect to any matter provided for in these Rules relating to the carrying out of the functions of a bank liquidator or provisional bank liquidator, including, without prejudice to the generality of the above, provision with respect to the following matters arising in bank insolvency—

• (a) the preparation and keeping by bank liquidators and provisional bank liquidators of books, accounts and other records, and their production to such persons as may be authorised or required to inspect them;

• (b) the auditing of bank liquidators’ accounts;

• (c) the manner in which bank liquidators are to act in relation to the bank’s books, papers and other records, and the manner of their disposal by the bank liquidator or others;

• (d) the supply by the bank liquidator to creditors and contributories and to the liquidation committee of copies of documents relating to the bank insolvency and the affairs of the bank (on payment, in such cases as may be specified in the regulations, of a fee.);

• (e) the manner in which insolvent estates are to be distributed by the bank liquidator, including provision with respect to unclaimed funds and dividends;

• (f) the manner in which monies coming into the hands of the bank liquidator are to be handled and invested and the payment of interest on sums which, in pursuance of regulations made under this sub-paragraph, have been paid into the Insolvency Services Account;

• (2) Regulations made under paragraph (1) may—

• (a) confer a discretion on the court,

• (b) make non-compliance with any of the regulations a criminal offence,

• (c) make different provision for different cases, including different provision for different areas, and

• (d) contain such incidental, supplemental and transitional provisions as may appear to the Secretary of State or the Treasury as necessary or expedient.

Costs, expenses, etc.

261

• (1) All fees, costs, charges and other expenses incurred in the course of bank insolvency, except for any money paid by the FSCS to eligible depositors in pursuance of objective 1, and any expense incurred by the FSCS in this process, are to be regarded as expenses of the bank insolvency.

• (2) The costs associated with the Prescribed Part shall be paid out of that Prescribed Part.

Provable debts

262

• (1) Subject to paragraphs (2) and (3) in a bank insolvency all claims by creditors are provable as debts against the bank, whether they are present or future, certain or contingent, ascertained or sounding only in damages.

• (2) Any obligation arising under a confiscation order made under Parts 2, 3 or 4 of the Proceeds of Crime Act 2002[^f00088] is not provable.

• (3) The following are not provable except at a time when all other claims of creditors in the insolvency proceedings (other than any of a kind mentioned in this paragraph) have been paid in full with interest under section 189(2) of the 1986 Act—

• (a) any claim arising by virtue of section 382(1)(a) of the Financial Services and Markets Act 2000, not being a claim arising by virtue of section 382(1)(b) of that Act; or

• (b) any claim which by virtue of the 1986 Act or any enactment is a claim the payment of which in the bank insolvency is to be postponed.

• (4) Nothing in this rule prejudices any enactment or rule of law under which a particular kind of debt is not provable, whether on grounds of public policy or otherwise.

Notices

263

• (1) Apply rule 12.4 of the 1986 Rules.

• (2) Ignore references to the official receiver.

Quorum at meeting of creditors or contributories

264

• (1) Apply rule 12.4A of the 1986 Rules[^f00089].

• (2) For paragraph (3) substitute—

(3) For the purposes of this rule, the reference to the creditor or contributories necessary to constitute a quorum is to those persons present or represented by proxy by any person (including the chair) including persons duly represented under section 375 of the 1985 Act (or, after that section is repealed, by section 323 of the 2006 Act.

Evidence of proceedings at meetings

265

Apply rule 12.5 of the 1986 Rules.

Documents issuing from Secretary of State

266

Apply rule 12.6 of the 1986 Rules. In paragraph (1) ignore the reference to “members of a company”.

Insolvency practitioner’s security

267

• (1) —Apply rule 12.8 of the 1986 Rules.

• (2) For paragraph (2) substitute—

(2) It is the duty of the liquidation committee in a bank insolvency to review from time to time the adequacy of the bank liquidator’s security.

Time limits

268

Apply rule 12.9(1) of the 1986 Rules[^f00090] as regards time limits for anything required or authorised to be done by these Rules.

Service by post

269

Apply rule 12.10 of the 1986 Rules[^f00091].

General provisions as to service

270

CPR Part 6 (service of documents) applies as regards any matter relating to the service of documents and the giving of notice in bank insolvency proceedings except in cases where a rule makes provision as to the service of a document or the giving of a notice.

Service outside the jurisdiction

271

• (1) CPR Part 6 applies as regards any matter relating to the service of documents in Scotland and Northern Ireland except in cases where a rule makes provision as to the service of a document or the giving of a notice.

• (2) Where for the purposes of bank insolvency proceedings any process or order of the court, or other document, is required to be served on a person who is not in the United Kingdom—

• (a) with regard to the service of documents to which a rule makes provision, the court may order service to be effected within such time, on such person, at such place and in such manner as it thinks fit, and may also require such proof of service as it thinks fit,

• (b) with regard to the service of documents otherwise, CPR Rules 6.41 to 6.4 apply.

• (3) An application under paragraph (2)(a) shall be supported by a witness statement stating—

• (a) the grounds on which the application is made, and

• (b) in what place or country the person to be served is, or probably may be found.

Confidentiality of documents

272

• (1) Apply rule 12.13 of the 1986 Rules[^f00092].

• (2) In paragraph (2) ignore the reference to a creditors’ committee.

Notices sent simultaneously to the same person

273

Apply rule 12.14 of the 1986 Rules.

Right to copy documents

274

Apply rule 12.15 of the 1986 Rules[^f00093].

Charge for copy documents

275

Apply rule 12.15A of the 1986 Rules[^f00094].

Non–receipt of notice of meeting

276

Apply rule 12.16 of the 1986 Rules.

Right to have list of creditors

277

• (1) Where a creditor has the right under these Rules to inspect documents on the court file, the creditor may require the bank liquidator to send them a list of the bank’s creditors and the amounts of their respective debts.

• (2) Paragraph (1) does not apply if a statement of the bank’s affairs has been filed in court or filed with the registrar of companies.

• (3) The bank liquidator must respond to a request in paragraph (1) but may charge the appropriate fee for doing so.

False claim of status as creditor, etc

278

Apply rule 12.18 of the 1986 Rules.

Execution overtaken by judgement debtor’s insolvency

279

• (1) This rule applies where execution has been taken out against property of a judgment debtor, and notice is given to the enforcement officer or other officer charged with the execution under section 184(1) of the 1986 Act (that a bank insolvency order has been made against the debtor, or that a provisional bank liquidator has been appointed).

• (2) The notice shall be in writing and be delivered by personal service at, or sent by recorded delivery to, the office of the enforcement officer or (as the case may be) of the officer charged with the execution.

The Gazette

280

Apply rule 12.20 of the 1986 Rules.

Punishment of offences

281

Apply rule 12.21 of the 1986 Rules. For “Schedule 3” substitute “Schedule 5”.

Notice of order under section 176A(5)

282

• (1) Apply rule 12.22 of the 1986 Rules[^f00095]. For references to “the liquidator, administrator or receiver” read “bank liquidator”.

PART 23 — INTERPRETATION

Introductory

283

This Part of the Rules has effect for their interpretation and application; and any definition given in this Part (and in any provision of the 1986 Rules applied by this Part) applies except, and in so far as, the context requires otherwise.

“The court”; “the registrar”

284

• (1) Apply rule 13.2 of the 1986 Rules.

• (2) Ignore paragraphs (3) and (5).

• (3) In paragraph (4), for “company insolvency proceedings” substitute “bank insolvency proceedings.”

“Give notice”, etc.

285

Apply rule 13.3 of the 1986 Rules.

Notice, etc. to solicitors

286

Apply rule 13.4 of the 1986 Rules.

Notice to joint bank liquidators

287

Where 2 or more persons are acting jointly as the bank liquidator, delivery of a document to 1 of them is to be treated as delivery to them all.

“Insolvent estate”

288

References to “the insolvent estate” are to the assets of the bank.

“Responsible insolvency practitioner”, etc.

289

In relation to a bank insolvency, “the responsible insolvency practitioner” means the person acting in the bank insolvency as the bank liquidator or provisional bank liquidator.

“The appropriate fee”

290

”The appropriate fee” means 15 pence per A4 or A5 page, and 30 pence per A3 page.

“Debt”, “liability”

291

• (1) Apply rule 13.12 of the 1986 Rules[^f00096].

• (2) Ignore paragraph (5).

Expressions used generally

292

• (1) Apply rule 13.13 of the 1986 Rules[^f00097].

• (2) In paragraph (1) for “Rules 1.7” to “6.23” substitute “rule 10 of the Bank Insolvency Rules 2009”.

• (3) In paragraph (5), after “Secretary of State” insert “or the Treasury”.

• (4) In paragraph (7), for “Chapter 20 of Part 4 of these Rules, or Chapter 23 of Part 6” substitute “Part 16 of the Bank Insolvency Rules 2009”.

• (5) Ignore paragraphs (8) to (14).

• (6) In paragraph (15), after “section 176A(2)(a)” insert “as applied by section 103 of the Banking Act 2009”.

The Schedule

293

The Schedule, which applies relevant schedules to the 1986 Rules to these rules with modifications, has effect.

SCHEDULE

1

The following schedules to the 1986 Rules are applied to these Rules—

• (a) Schedule 1. Ignore all references to rule 4.72 and for paragraph (1) substitute—

(1) This Schedule applies where a bank insolvency order (as defined under Part 2 of the Banking Act 2009) has been made in respect of a bank

• (b) Schedule 5; and

• (c) Schedule 6.

Signed

Jack Straw — Lord Chancellor — 17th February 2009

We concur

Steve McCabe — Dave Watts — Two of the Lords Commissioners of Her Majesty’s Treasury — 23rd February 2009

I concur

Sir Andrew Morritt — The Chancellor of the High Court — 19th February 2009

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules set out the procedure for the bank insolvency process under Part 2 of the Banking Act 2009 (c. 1).

The main features of bank insolvency are as follows. In the event of a deposit-taking bank becoming insolvent, it enables those depositors who are eligible for compensation under the Financial Services Compensation Scheme (FSCS) to either –

• (a) receive compensation for their lost deposits as soon as possible after the bank goes into bank insolvency; or

• (b) have their account transferred to a different bank.

This is the first objective of the insolvency process.

The procedure can only be initiated by the Bank of England, the Financial Services Authority or the Secretary of State by application to the court. The court then makes a bank insolvency order, appointing a bank liquidator. In the initial stages, the bank liquidator is accountable to a liquidation committee formed of the FSA, the Bank of England and the FSCS.

Once the bank liquidator considers that the first objective is achieved, the liquidation committee will pass a resolution to that effect and the bank insolvency will move to the second objective which is to wind up the affairs of the bank so as to achieve the best results for the creditors as a whole.

The Rules are based on, and follow the same order as, the Insolvency Rules 1986 (S.I. 1986/1925) (“the 1986 Rules”) and certain provisions of the 1986 Rules are applied to these Rules, subject to a number of general and specific modifications.

Part 2 of the Rules sets out the application process for a bank insolvency order.

Part 3 sets out the procedure for appointing a provisional bank liquidator.

Parts 4 to 8 set out the procedure concerning the creditors and contributories.

Part 9 sets out provisions concerning the bank liquidator.

Part 10 sets out provisions concerning the liquidation committee.

Parts 11- 17 set out provisions relating to the bank’s assets and other miscellaneous provisions.

Part 18 sets out court procedure and practice.

Part 19 sets out provisions re proxies and company representation.

Part 20 sets out provisions concerning the examination of persons concerned in bank insolvency.

Part 21 sets out provisions relating to the declaration of dividend.

Parts 22 and 23 set out miscellaneous and general provisions relating to the procedure.

An Impact Assessment of the effect of the Banking Act 2009 is available on HM Treasury’s website (www.hm-treasury.gov.uk).

Footnotes

[^f00001]: 1986 c.45. Section 411 was amended by the Constitutional Reform Act 2005 (2005 c.4), section 15 and Schedule 4, paragraphs 185 and 188, by S.I. 2002/1037and by the Banking Act 2009 (c.1), section 125.

[^f00002]: 2009 c. 1.

[^f00003]: 2009 c. 1.

[^f00004]: 1985 c. 6.

[^f00005]: SI 1986/1925.

[^f00006]: 2006 c. 46.

[^f00007]: S.I. 1998/3132.

[^f00008]: 2000 c.8.

[^f00009]: Section 10 is repealed on 1 October 2009.

[^f00010]: Section 287 of the 1985 Act is repealed on 1 October 2009.

[^f00011]: Rule 4.21A was inserted by S.I. 1987/1919.

[^f00012]: Paragraph (2) was amended by S.I. 2008/737.

[^f00013]: The original paragraph (3) was revoked by S.I. 1987/1919.

[^f00014]: Paragraph (7) was amended by S.I. 2008/737.

[^f00015]: Rule 4.37 was amended by S.I. 2008/737.

[^f00016]: Paragraph (1) was amended by S.I. 1987/1919.

[^f00017]: Paragraphs (3) and (4) were amended by S.I. 2008/737.

[^f00018]: Rule 4.63 was by S.I. 1987/1919.

[^f00019]: Paragraphs (3) and (4) were amended by S.I. 1987/1919.

[^f00020]: Rule 4.67) was amended by S.I. 2002/1307.

[^f00021]: Paragraph (8) was added by S.I. 2003/1730.

[^f00022]: Rule 4.74 was substituted by S.I. 2004/584.

[^f00023]: Paragraph (1) was substituted by S.I. 2004/584.

[^f00024]: Paragraph (2) was amended by S.I. 2008/737.

[^f00025]: The reference to FSA Rules are to the FSA’s Compensation Sourcebook (made under section 213 of the Financial Services and Markets Act 2000).

[^f00026]: The FSA’s Compensation Sourcebook (made under section 213 of the Financial Services and Markets Act 2000.)

[^f00027]: Rule 4.91 was amended by S.I. 2003/1730 and SI 2005/527.

[^f00028]: Paragraph (1) was amended by S.I. 2005/527.

[^f00029]: Rule 4.93 was amended by S.I. 1987/1919 and 2005/527.

[^f00030]: Rule 4.94 was amended by S.I. 2005/527.

[^f00031]: Paragraph (3) was inserted by S.I. 2002/1307.

[^f00033]: Paragraphs (3) to (5) were substituted by S.I. 1987/1919.

[^f00034]: Rule 4.105 was amended by S.I. 2003/1730.

[^f00035]: Paragraphs (6) and (7) were added by S.I.1987/1919.

[^f00036]: Paragraph 5 of rule 4.119 was amended by S.I. 2008/737.

[^f00037]: Section 176A was inserted by the Enterprise Act 2002 (2002 c.40), section 252.

[^f00038]: Rule 4.125A was inserted by S.I. 2004/584.

[^f00039]: Paragraph (6) was substituted by S.I. 2004/584.

[^f00040]: Rule 4.127A was inserted by S.I. 2004/584.

[^f00041]: Rule 4.127B was inserted by S.I. 2004/584.

[^f00042]: Paragraph (1) was revoked by S.I. 2004/584.

[^f00043]: Paragraph (4) was amended by S.I. 1987/1919 and S.I. 2008/737.

[^f00044]: The rule was substituted by S.I. 1987/1919.

[^f00045]: Rule 4.138 was amended by S.I. 1987/1919 and S.I. 2004/584.

[^f00046]: Paragraph (1) was amended by S.I. 2008/737.

[^f00047]: Paragraph (7) was substituted by S.I. 2001/3649.

[^f00048]: Paragraphs (3) and (3A) were substituted by S.I. 1987/1919.

[^f00049]: Section 375 is repealed on 1 October 2009.

[^f00050]: Paragraph (4) was amended by S.I. 1987/1919.

[^f00051]: Rule 4.159 was amended by S.I. 1987/1919 and S.I. 2004/584.

[^f00052]: Paragraph (1) was amended by S.I. 1987/1919.

[^f00053]: Paragraph (2) was amended by S.I. 1987/1919.

[^f00054]: Rule 4.169 was amended by S.I. 2008/737.

[^f00055]: Paragraphs (2) and (7) were amended by S.I. 2008/737.

[^f00056]: Rule 4.172A was inserted by S.I. 1987/1919.

[^f00057]: Paragraph (2) was added by S.I. 1987/1919.

[^f00058]: Paragraph (1) was amended by S.I. 2005/527.

[^f00059]: Paragraph (3) was amended by S.I. 2008/737.

[^f00060]: Paragraphs (5) and (6) were amended by S.I. 2008/737.

[^f00061]: Rule 4.218 was amended by S.I. 2008/737.

[^f00062]: Rules 4.218A to E were inserted by S.I. 2008/737.

[^f00063]: The words left out were inserted by S.I. 1987/1919.

[^f00064]: Rule 4.228 was substituted by S.I. 2007/1974.

[^f00065]: Rule 4.229 was substituted by S.I. 2007/1974.

[^f00066]: Section 242 is repealed on 1 October 2009.

[^f00067]: Rule 7.3A was inserted by the S.I. 2003/1730.

[^f00068]: Rule 7.4A was inserted by S.I. 2003/1730.

[^f00069]: Paragraph (2) was substituted by S.I. 1993/602.

[^f00070]: All the rules applied by this Chapter were substituted by S.I. 1999/1022.

[^f00071]: Paragraph (1) was amended by S.I. 2008/737.

[^f00072]: Paragraph (1) was amended by S.I. 2005/527.

[^f00073]: Paragraph 1 was amended by SI 2007/1898.

[^f00074]: Rule 7.50 was amended by S.I 2003/1730.

[^f00075]: Rule 7.59 was amended by S.I.1999/1022.

[^f00076]: Rule 7.60 was substituted by S.I. 1999/1022.

[^f00077]: All the rules under this chapter were amended by S.I. 1987/1919.

[^f00078]: Paragraph (3)(b) was substituted by S.I.1999/1022.

[^f00079]: Paragraph (3) was substituted by S.I. 1999/1022.

[^f00080]: Paragraph (3) was substituted by S.I. 2008/737.

[^f00081]: Rule 11.2 was amended by S.I. 2002/1307 and S.I. 1987/1919.

[^f00082]: Paragraphs (3) and (4) were added by S.I. 2002/1307.

[^f00083]: Paragraph (3)(b) was substituted by S.I. 2002/1307.

[^f00084]: Sub–paragraphs (a) and (b) of rule 11.6(1) were amended by SI 2002/1307.

[^f00085]: Paragraph (2) was amended by S.I.1987/1919.

[^f00086]: Paragraph (2) and (3) were substituted for the original paragraph (2) by S.I. 2005/527.

[^f00087]: Schedule 8 was amended by section 125 of the 2009 Act.

[^f00088]: 2002 c. 29.

[^f00089]: Rule 12.4A was inserted by S.I. 1987/1919.

[^f00090]: Rule 12.9 was substituted by S.I. 1999/1022.

[^f00091]: Rule 12.10 was amended by S.I. 1987/1919.

[^f00092]: Rule 12.13 was amended by S.I. 1987/1919.

[^f00093]: Rule 12.15 was inserted by S.I 2005/527.

[^f00094]: Rule 12.15A was inserted by S.I. 1987/1919.

[^f00095]: Rule 12.22 was inserted by S.I. 2003/1730.

[^f00096]: The rule was substituted by S.I. 2006/1272.

[^f00097]: Rule 13.13 was amended by S.I. 1999/1022 and S.I. 2003/1730.