The Insolvency (Northern Ireland) Order 2005
Draft 2005, ISBN 0110490886
Draft Order in Council laid before Parliament under paragraph 2(1)(a) of the Schedule to the Northern Ireland Act 2000, for approval by resolution of each House of Parliament
NORTHERN IRELAND
Made 2005
Coming into operation in accordance with Article 1(2) and (3)
At the Court at Buckingham Palace, the ** day of ** 2005
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Contents
- Introductory
- 1Title and commencement
- 2Interpretation
- Companies etc.
- 3Replacement of Part III of the 1989 Order
- 4Special administration regimes
- 5Prohibition on appointment of administrative receiver
- 6Abolition of Crown preference
- 7Unsecured creditors
- 8Liquidator’s powers
- 9Application of insolvency law to company incorporated outside Northern Ireland
- 10Application of law about company arrangement or administration to non-company
- 11Voluntary arrangements: minor amendments
- Individuals
- 12Duration of, and discharge from, bankruptcy
- 13Post-discharge restrictions
- 14Investigation by official receiver
- 15Income payments order
- 16Income payments agreement
- 17Bankrupt’s home
- 18Bankrupt’s home: civil partnership
- 19Powers of trustee in bankruptcy
- 20Repeal of certain bankruptcy offences
- 21Individual voluntary arrangement
- 22Disqualification for office: the Assembly
- 23Disqualification for office: district councils
- 24Disqualification for office: general
- 25Minor and consequential amendments relating to individual insolvency
- Money
- 26Fees
- 27Insolvency Account: interest
- 28Insolvency Account: adjustment of balances
- Miscellaneous
- 29Transitional or transitory provision and savings
- 30Power to make consequential amendments etc.
- 31Repeals
- Signature
- Schedule 1SCHEDULE B1 TO THE 1989 ORDER
- Schedule 2: ADMINISTRATION: MINOR AND CONSEQUENTIAL AMENDMENTS
- General
- 1Paragraph 1
- The Third Parties (Rights against Insurers) Act (Northern Ireland) 1930 (NI 19)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- The Criminal Justice Act (Northern Ireland) 1945 (c. 15)
- 5Paragraph 5
- The Transport Act (Northern Ireland) 1967 (c. 37)
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- The Solicitors (Northern Ireland) Order 1976 (NI 12)
- 10Paragraph 10
- The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)
- 11Paragraph 11
- The Companies (Northern Ireland) Order 1986 (NI 6)
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- The 1989 Order
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- The Companies (No. 2) (Northern Ireland) Order 1990 (NI 10)
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- The Pension Schemes (Northern Ireland) Act 1993 (c. 49)
- 53Paragraph 53
- The Employment Rights (Northern Ireland) Order 1996 (NI 16)
- 54Paragraph 54
- The Construction Contracts (Northern Ireland) Order 1997 (NI 1)
- 55Paragraph 55
- The Financial Services and Markets Act 2000 (c. 8)
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- The Company Directors Disqualification (Northern Ireland) Order 2002 (NI 4)
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- Schedule 3SCHEDULE 1A TO THE 1989 ORDER
- Schedule 4: DURATION OF BANKRUPTCY: TRANSITIONAL PROVISIONS
- Introduction
- 1Paragraph 1
- 2Paragraph 2
- Neither old law nor new law to apply
- 3Paragraph 3
- General rule for discharge from pre-commencement bankruptcy
- 4Paragraph 4
- Second-time bankruptcy
- 5Paragraph 5
- Solicitors
- 6Paragraph 6
- Income payments order
- 7Paragraph 7
- Schedule 5SCHEDULE 2A TO THE 1989 ORDER
- Schedule 6: EFFECT OF BANKRUPTCY RESTRICTIONS ORDER AND UNDERTAKING
- Disqualification for acting as receiver or manager
- 1Paragraph 1
- Bankruptcy offences after discharge
- 2Paragraph 2
- 3Paragraph 3
- Disqualification for acting as insolvency practitioner
- 4Paragraph 4
- Prohibition against involvement in company
- 5Paragraph 5
- Schedule 7: INDIVIDUAL VOLUNTARY ARRANGEMENT
- Annulment of bankruptcy on making of voluntary arrangement
- 1Paragraph 1
- Fast-track for making voluntary arrangement
- 2Paragraph 2
- Role of official receiver
- 3Paragraph 3
- Schedule 8: INDIVIDUAL INSOLVENCY: MINOR AND CONSEQUENTIAL AMENDMENTS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Schedule 9REPEALS
- Explanatory note