{
  "url": "https://openlegislation.uk/draft-payment-and-electronic-money-institution-insolvency-amendment-regulations-2023/regulation-12",
  "json_url": "https://openlegislation.uk/draft-payment-and-electronic-money-institution-insolvency-amendment-regulations-2023/regulation-12.json",
  "legislation": "ukdsi/2023/9780348252859",
  "legislation_title": "The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023",
  "legislation_url": "https://openlegislation.uk/draft-payment-and-electronic-money-institution-insolvency-amendment-regulations-2023",
  "path": "regulation/12",
  "kind": "regulation",
  "number": "12",
  "heading": "Application of the I(NI)O 1989",
  "text": "After regulation 37, insert—\n“Application of the I(NI)O 1989 and related insolvency legislation in Northern Ireland\n37A. (1) The provisions of the IA 1986 and the I(NI)O 1989 mentioned in the first column of the Table apply to special administration as they apply to any other insolvency proceedings, with any modifications shown in the third column.\n(2) References in the first column of the Table are to provisions in the I(NI)O 1989 unless otherwise stated.\n(3) Articles 88 to 94 of the Judgments Enforcement (Northern Ireland) Order 1981 apply to special administration as they apply to any other insolvency proceedings as if in Article 88(2)(b)—\n(a) in paragraph (i), the words “or of the calling” to “to be proposed” were omitted;\n(b) in paragraph (ii), for the words “or of the calling of such a meeting” to the end, there were substituted “but a winding-up order is not at any time made as a result of that petition”.\n(4) This regulation applies to the special administration of, or in relation to, an institution which is incorporated in, or formed under the law of Northern Ireland.\n(5) For the purposes of paragraph (4), an institution whose registered office, or in the case of an institution with no registered office, whose principal place of business, is situated in Northern Ireland is to be treated as incorporated in, or formed under, the law of Northern Ireland.\n(6) This regulation is subject to—\n(a) Schedule 1A (which makes provision about how special administration applies to limited liability partnerships), and\n(b) Schedule 2A (which makes provision about how special administration applies to partnerships).\nProvision\nSubject\nModifications\nArticles\nGenerally (for the provisions of this part of the table mentioned below)\nTo be read as if—\n(a) references to a provision of the I(NI)O 1989 which is applied and modified by these Regulations were to the provision as applied and modified by these Regulations,\n(b) references to the liquidator were to the administrator,\n(c) references to winding up were to special administration,\n(d) references to winding up by the court were to the imposition of special administration by order of the court,\n(e) references to being wound up under Part 5 or 6 of the I(NI)O 1989 were to being in special administration,\n(f) references to the commencement of winding up were to the commencement of special administration,\n(g) references to going into liquidation were to entering special administration,\n(h) references to liquidation or to insolvent liquidation were to special administration,\n(i) references to a winding-up order were to a special administration order, and\n(j) references to a company were to an institution.\nThose general modifications are subject to any specific modifications below.\nArticle 13\nDefinition of contributory\nArticles 61 and 63 to 69\nContributories\nArticle 142 and Schedule 2\nPowers of the liquidator\nTo be read as if—\n(a) in paragraphs (1) and (2) the references to a liquidation committee were to a creditors’ committee;\n(b) a user or holder may also apply to the court under paragraph (3);\n(c) in Schedule 2, paragraphs 4 to 7, 8 to 11 and 13 were omitted and in paragraph 14 the reference to winding up the company’s affairs and distributing its assets were to pursuing the special administration objectives.\nArticle 143(4)\nDiscretion in managing and distributing assets\nArticle 150\nPreferential charges on goods distrained\nArticle 150A\nUnsecured creditors\nArticle 152\nDisclaimer of onerous property\nArticle 153\nDisclaimer of leaseholds\nArticle 154\nLand subject to rent charge\nArticle 155\nDisclaimer: powers of High Court (General)\nArticle 156\nPowers of High Court (leaseholds)\nArticle 157\nRescission of contracts by the court\nArticle 158\nPower to make over assets to employees\nArticle 163\nResolutions passed at adjourned meetings\nArticle 170\nFraud in anticipation of winding up\nTo be read as if in paragraph (1), there were no reference to passing a resolution for voluntary winding up.\nArticle 171\nTransactions in fraud of creditors\nTo be read as if in paragraph (1), there were no reference to passing a resolution for voluntary winding up.\nArticle 172\nMisconduct in the course of winding up\nTo be read as if in paragraph (1), “whether by the High Court or voluntarily”, were omitted.\nArticle 173\nFalsification of company’s books\nArticle 174\nMaterial omissions from statement\nTo be read is if—\n(a) in paragraph (1) “whether by the High Court or voluntarily”, were omitted;\n(b) in paragraph (2), “or has passed a resolution for voluntary winding up”, were omitted.\nArticle 175\nFalse representation to creditors\nTo be read is if in paragraph (1)—\n(a) “whether by the High Court or voluntarily”, were omitted;\n(b) the reference to the company’s creditors included users or holders.\nArticle 176\nSummary remedy\nArticle 177\nFraudulent trading\nArticle 178\nWrongful trading\nTo be read as if paragraph (6) were omitted.\nArticle 179\nProceedings under Articles 177 or 178\nArticle 180\nRestriction on re-use of company names\nTo be read as if—\n(a) references to the liquidating company were to a company in special administration;\n(b) paragraphs (7) and (8) were omitted.\nArticle 181\nPersonal liability for debts following contravention of Article 180\nTo be read as if paragraph (6) were omitted.\nArticle 182\nProsecution of delinquent officers and members of company\nTo be read is if—\n(a) in paragraph (2), the first reference to the official receiver were omitted and the second reference were to the Secretary of State;\n(b) in paragraph (4), the reference to paragraph (3) were to paragraph (2);\n(c) paragraphs (3), (5) and (6) were omitted.\nArticle 183\nObligations arising under Article 182\nTo be read as if in paragraph (1), the reference to Article 182(3) were to Article 182(2).\nArticle 197\nUtilities\nArticle 197A\nFurther protection of essential supplies\nArticle 198\nGetting in the company’s property\nTo be read is if—\n(a) for paragraph (1) there were substituted—\n“(1) This Article applies where a company enters special administration.”;\n(b) the references to the office-holder were references to the administrator.\nArticle 199\nCo-operation with the administrator\nTo be read as if—\n(a) paragraphs (1) and (4)(b) to (d) were omitted;\n(b) the references to the office-holder were references to the administrator.\nArticle 200\nInquiry into company’s dealings\nTo be read is if—\n(a) for paragraph (1) there were substituted—\n“(1) This Article applies where a company enters special administration.”;\n(b) the references to the office-holder were references to the administrator.\nArticle 201\nEnforcement by the High Court\nTo be read as if the references to the office-holder were references to the administrator.\nArticle 202\nTransactions at an undervalue\nTo be read is if—\n(a) for paragraph (1) there were substituted—\n“(1) This Article applies where a company enters special administration.”;\n(b) the references to the office-holder were references to the administrator.\nArticle 203\nPreferences\nTo be read as if the references to the office-holder were references to the administrator.\nArticle 204\nArticles 202 and 203: relevant time\nTo be read as if—\n(a) in sub-paragraph (2)(a), the reference to being unable to pay debts were to be read in accordance with section 93(4) of the BA 2009 (as applied and modified by the EMR 2011 and the PSR 2017);\n(b) sub-paragraphs (1)(d) and (3)(a) to (d) were omitted.\nArticle 205\nOrders under Articles 202 and 203\nTo be read as if paragraphs (3A) and (3B) were omitted.\nArticle 206\nExtortionate credit transactions\nArticle 207\nAvoidance of floating charges\nTo be read as if—\n(a) in paragraph (3)(c), the references to an administration application and administration order were references to an application for special administration and special administration order respectively;\n(b) in sub-paragraphs (4)(a) and (b), the reference to being unable to pay its debts were to be read in accordance with section 93(4) of the BA 2009 (as applied and modified by the EMR 2011 and the PSR 2017);\n(c) subparagraphs (3)(d) and (5)(a) to (c) were omitted.\nArticle 208\nUnenforceability of liens\nTo be read as if—\n(a) for paragraph (1) there were substituted—\n“(1) This Article applies where a company enters special administration.”;\n(b) the reference to the office-holder were references to the administrator.\nArticle 208ZA\nRemote attendance at meetings\nTo be read as if references to creditors included users or holders.\nArticle 208ZB\nUse of websites\nArticle 346 and Schedule 4 to the I(NI)O 1989 (and Schedule 3 to the Pension Schemes (Northern Ireland) Act 1993)\nPreferential debts\nArticle 347, paragraphs (1) and (3A)\n“The relevant date”\nTo be read as if the reference to administration were to special administration.\nArticle 348\nOffence of acting without being qualified\nTo be read as if—\n(a) the reference to acting as an insolvency practitioner were to acting as the administrator\n(b) paragraph (2) were omitted.\nArticles 349 to 350T\nAuthorisation and regulation of insolvency practitioners\nTo be read as if—\n(a) in Article 349, references to acting as an insolvency practitioner were to acting as the administrator;\n(b) in paragraph (2) of that Article, after “authorised” there were inserted “to act as an insolvency practitioner”;\n(c) in Articles 349A, 349B(1) and (2), 350O(1)(b) and 350R(3)(b) references to authorisation or permission to act as an insolvency practitioner in relation to (or only in relation to) companies, the reference to companies had effect as a reference to companies without modification by this Table;\n(d) an order under Article 350 had effect in relation to any provision applied for the purposes of special administration;\n(e) in Articles 350Q(2)(b) and 350S(3)(e) the references to a company had effect as references to a company without modification by this Table.\nArticle 359\nInsolvency rules\nTo be read as if, in paragraphs (1C), (2C) and (3), the references to Part 2 of the BA 2009 were a reference to these Regulations.\nArticle 361\nFees orders\nTo be read as if—\n(a) the references to “this Order” includes these Regulations;\n(b) paragraph (1)(za) and paragraph (2)(b) were omitted;\n(c) there were no reference to the official receiver;\n(d) proceedings which would be under the I(NI)O 1989 were under the Payment and Electronic Money Institution Insolvency Regulations 2021.\nArticle 367\nTransactions defrauding creditors\nArticles 368 and 369\nTransactions defrauding creditors\nArticle 373 and Schedule 7\nOffences by bodies corporate\nTo be read as if, in Article 373(4), there were no provisions of the I(NI)O 1989 listed there except for Articles 170(1), (2) and (5), 171(1), 172(1), 173, 174(1) and 175(1).\nArticle 374\nSummary proceedings\nArticle 375\nStatements: admissibility\nArticle 376\nJudicial notice of court documents\nArticles 384 to 386\nSupplementary provisions\nSchedule B1 to the I(NI)O 1989\nGenerally (for the provisions of this part of the table mentioned below)\nTo be read as if—\n(a) references to a provision of the I(NI)O 1989 which is applied and modified by these Regulations were to the provision as applied and modified by these Regulations,\n(b) references to the administrator were to the administrator appointed under regulation 7,\n(c) references to administration were to special administration,\n(d) references to an administration order were to a special administration order,\n(e) references to a company were to an institution, and\n(f) references to the purpose of administration were to the special administration objectives.\nThose general modifications are subject to any specific modifications below.\nParagraph 1\nInterpretation\nTo be read as if the definition of “administrator” and sub-paragraph (1A) and sub-paragraph (1B) were omitted.\nParagraph 41(1)(a)\nDismissal of pending winding up petition\nParagraph 43\nMoratorium on insolvency proceedings\nTo be read as if sub-paragraphs (4)(a) and (4)(b) were omitted.\nParagraph 44\nMoratorium on other legal processes\nParagraph 45(1), (5) and (7)\nInterim moratorium\nTo be read as if—\n(a) subparagraph (7) also included a reference to paragraph 45 not preventing or requiring the permission of the court for an application by the FCA for a special administration order;\n(b) sub-paragraph (7)(b) to (d) were omitted.\nParagraph 46\nPublicity\nParagraph 47\nAnnouncement of administrator’s appointment\nTo be read as if—\n(a) in sub-paragraph (3)(a), in addition to obtaining the list of creditors, the administrator were also required to obtain as complete a list as possible of the users or holders of the institution;\n(b) in sub-paragraph (3)(b), the administrator were also required to send a notice of their appointment to each user or holder of whose claim and address the administrator is aware;\n(c) where the special administration application has not been made by the FCA, notice of the administrator’s appointment were also required to be sent under sub-paragraph (5) to the FCA;\n(d) sub-paragraphs (6)(b) and (c) were omitted.\nParagraph 48\nStatement of company’s affairs\nTo be read as if, in sub-paragraph (2), there were also a reference to including particulars of the relevant funds held by the institution.\nParagraph 49\nStatement of company’s affairs\nParagraph 50\nAdministrator’s proposals\nTo be read as if—\n(a) sub-paragraph (2)(b) were omitted;\n(b) in sub-paragraph (4), the administrator were also required to send a copy of the statement of proposals to every user or holder of whose claim the administrator is aware and who the administrator has a means of contacting, and to the FCA;\n(c) the administrator were also required to give notice that the statement of proposals is to be provided free of charge to a payment system operator who applies in writing to a specified address.\nThe application of paragraph 50(1) to (3) is subject to regulation 38(6).\nParagraph 51\nCreditors’ meeting\nTo be read as if—\n(a) in sub-paragraph (1), the administrator were also required to summon the users or holders referred to in paragraph 50(4) to the meeting of creditors and to give such users or holders notice under sub-paragraph (1)(b);\n(b) the FCA were empowered to appoint a person to attend a meeting of creditors and make representations as to any matter for decision.\nParagraph 52\nRequirement for initial creditors’ meeting\nTo be read as if—\n(a) there were a requirement that each copy of an administrator’s proposals sent to a user or holder or the FCA under paragraph 50 be accompanied by an invitation to the initial creditor’s meeting;\n(b) the application of paragraph 52 is subject to regulation 38(6).\nParagraph 54\nBusiness and result of initial creditors’ meeting\nTo be read as if—\n(a) there were a requirement that special administration insolvency rules prescribe how users or holders are to vote at meetings of creditors;\n(b) in sub-paragraph (2), if the FCA has not appointed a person to attend the meeting, the administrator were also required to report any decision taken to the FCA.\nThe application of paragraph 54 is subject to regulation 38(6).\nParagraph 55\nRevision of administrator’s proposals\nTo be read as if—\n(a) if the revision proposed by the administrator affects both creditors and users or holders, every reference to creditors included users or holders;\n(b) if the administrator thinks that the revision proposed only affects either creditors or users or holders, it only applied to the affected party and required the party not affected to be informed of the revision;\n(c) the FCA were required to be invited to the creditors’ meeting mentioned in sub-paragraph (2)(a);\n(d) the statement of the proposed revision mentioned in sub-paragraph (2)(b) were also required to be sent to the FCA.\nThe application of paragraph 55 is subject to regulation 38(6).\nParagraph 56\nFailure to obtain approval of administrator’s proposals\nTo be read as if—\n(a) in making an order under sub-paragraph (2) the court were required to have regard to the special administration objectives;\n(b) sub-paragraph (2)(d) were omitted.\nThe application of paragraph 56 is subject to regulation 38(6).\nParagraph 57\nFurther creditors’ meetings\nTo be read as if the administrator were required to invite the FCA to any meeting summoned.\nParagraph 58\nCreditors’ committee\nTo be read as if—\n(a) a creditors’ committee were only able to be established by a creditors’ meeting to which creditors and users or holders have both been given notice;\n(b) the FCA were empowered to appoint a person to attend a meeting of the creditors’ committee and make representations as to any matter for decision;\n(c) there were a requirement that special administration insolvency rules prescribe that, where a meeting of creditors resolves to establish a creditors’ committee, the makeup of the creditors’ committee is a reflection of all parties with an interest in the achievement of the special administration objectives.\nParagraph 59\nCorrespondence instead of creditor’s meeting\nParagraph 60\nFunctions of an administrator\nTo be read as if—\n(a) in sub-paragraph (1), the administrator’s power were to do anything necessary or expedient in pursuit of Objectives 1 to 3;\n(b) in sub-paragraph (2), the reference to a provision of the Schedule expressly permitting the administrator to do a specified thing included a provision of these Regulations expressly permitting the administrator to do a specified thing;\n(c) at the end there were inserted—\n“(4) The administrator is an officer of the court.”.\nParagraph 61 (and Schedule 1)\nGeneral powers\nParagraph 62\nDirectors\nParagraph 63\nPower to call meetings\nTo be read as if the administrator were also empowered to call a meeting of users or holders or contributories.\nParagraph 64\nApplication to court for directions\nParagraph 65\nManagement powers\nParagraph 66\nDistribution to creditors\nTo be read as if—\n(a) in paragraph (1)—\n(i) the words from the beginning to “in full,” were omitted;\n(ii) for “any other creditor” there were substituted “any creditor”;\n(b) sub-paragraph (3) were omitted.\nParagraph 67\nPayments\nTo be read as if the words from the beginning to “have been met,” were omitted.\nParagraph 68\nProperty\nParagraph 69\nManagement\nTo be read as if references to proposals approved under paragraphs 54 or 55 included, without need for approval—\n(a) proposals agreed with the FCA under regulations 39 or 40; or\n(b) proposals in respect of which the court has made an order dispensing with the need for agreement in accordance with those regulations.\nParagraph 70\nAgency\nParagraph 71\nFloating charge\nParagraph 72\nNon-floating charge\nParagraph 73\nHire purchase property\nParagraph 74\nProtection for secured or preferential creditors\nTo be read as if sub-paragraph (2)(d) were omitted.\nParagraph 75\nChallenge to administrator’s conduct\nTo be read as if—\n(a) the FCA were also empowered to make an application to the court, on the grounds that—\n(i) the administrator is acting or has acted so as unfairly to harm the interests of some or all of the members, creditors or users or holders;\n(ii) the administrator is proposing to act in a way which would unfairly harm the interests of some or all of the members, creditors or users or holders;\n(iii) the administrator has failed to carry out a reconciliation in accordance with regulation 13;\n(b) a user or holder were also empowered to make an application to the court under sub-paragraph (1) or (2);\n(c) any of the following persons were also empowered to make an application on the grounds that the administrator is not taking any action in response to a request from that person under regulation 35(3) and that the person is of the opinion that the action requested would not lead to a material reduction in the value of the property of the institution—\n(i) the Bank of England;\n(ii) the Treasury;\n(iii) the FCA;\n(iv) the Payment Systems Regulator;\n(d) the following persons were also empowered to make an application on the grounds that the administrator has made, or proposes to make, a PPTA in contravention of regulation 32 or 34—\n(i) the Bank of England;\n(ii) the FCA;\n(e) any person, other than the institution, who is party to an arrangement of a kind referred to in regulation 31(1) were also empowered to make an application on the grounds that the administrator has made, or proposes to make, a relevant transfer in contravention of that regulation;\n(f) where an application is made on the grounds that the administrator has made a relevant transfer in contravention of regulation 34—\n(i) sub-paragraphs (3)(a), (d) and (e) and (4) were omitted;\n(ii) the court were also empowered to make an order declaring that the transfer was made in contravention of the regulation concerned;\n(g) where an application is made on the grounds that the administrator has made a relevant transfer in contravention of regulation 32 or 33, the court were also empowered to make such order as it thinks fit for restoring the position to what it would have been if the transfer had not been made in contravention of the regulation concerned;\n(h) where the FCA has given a direction under regulation 38 which has not been withdrawn, the court did not have power to make an order if it would impede or prevent compliance with the direction.\nParagraph 76\nMisfeasance\nTo be read as if a user or holder and the FCA were included in the list of persons who may make an application under sub-paragraph (2).\nParagraph 80\nCourt ending administration on application of administrator\nTo be read as if sub-paragraph (2) were omitted.\nParagraph 82\nCourt ending administration on application of a creditor\nTo be read as if it did not apply where the administrator was appointed by the court on the application of the FCA or the Secretary of State.\nParagraph 85\nTermination: no more relevant funds for distribution\nTo be read as if—\n(a) the administrator were only empowered to send a notice under sub-paragraph (1) if the institution no longer holds relevant funds;\n(b) in sub-paragraph (5)(b), a copy of the notice were also required to be sent be sent to every user or holder of the institution of whom the administrator is aware and the FCA.\nParagraph 86\nDischarge of administration order\nParagraph 87\nNotice to Companies Registrar at the end of administration\nParagraph 88\nResignation\nTo be read as if—\n(a) where the administrator was appointed by the court on the application of the FCA or the Secretary of State, the notice of the resignation given in accordance with sub-paragraph (2)(a) were also required to be given to the applicant;\n(b) sub-paragraph (2)(b) to (d) were omitted.\nParagraph 89\nRemoval\nParagraph 90\nDisqualification\nTo be read as if—\n(a) where the administrator was appointed by the court on the application of the FCA or the Secretary of State, the notice given in accordance with sub-paragraph (2)(a) were also required to be given to the applicant;\n(b) sub-paragraphs (2)(b) to (d) were omitted.\nParagraph 91\nReplacement\nTo be read as if the reference to paragraphs 92 to 96 were to paragraph 92 only.\nParagraph 92\nReplacement\nTo be read as if the FCA were included in the list of persons who may make an application to appoint an administrator in reliance on sub-paragraph (1) but to whom the restrictions in sub-paragraph (2) apply.\nParagraph 99\nDischarge\nTo be read as if sub-paragraphs (2)(b) and (3) were omitted.\nParagraph 100\nVacation of office: charges and liabilities\nTo be read as if—\n(a) in sub-paragraph (3), the former administrator’s remuneration and expenses incurred in respect of the pursuit of Objective 1 are to be charged on and payable out of relevant funds;\n(b) in sub-paragraph (4)(b), the reference to any charge arising under sub-paragraph (3) did not include a charge on relevant funds.\nParagraph 101\nJoint and concurrent administrators\nParagraph 102\nJoint and concurrent administrators\nTo be read as if in sub-paragraph (3), the reference to paragraphs 88 to 100 were to paragraphs 88 to 92 and 99 to 100.\nParagraph 103\nJoint and concurrent administrators\nParagraph 104\nJoint and concurrent administrators\nTo be read as if—\n(a) in sub-paragraph (2), the reference to paragraph 13(1)(a) to (f) were to regulation 8(1);\n(b) sub-paragraphs (3) to (5) were omitted.\nParagraph 105\nPresumption of validity\nParagraph 106\nMajority decision of directors\nParagraph 107 (and Article 373 and Schedule 7)\nFines\nTo be read as if sub-paragraph (2)(a), (b) and (l) to (n) was omitted.\nParagraph 108\nExtension of time limit\nTo be read as if, in considering an application under paragraph 108, the court were required to have regard to the special administration objectives.\nParagraph 109\nExtension of time limit\nTo be read as if—\n(a) the administrator were also required to obtain consent of those users or holders whose claims amount to more than 50% of the total amount of claims for relevant funds, disregarding the claims of those users or holders who were sent a copy of the statement of proposals but who did not respond to an invitation to give or withhold consent;\n(b) sub-paragraph (3) were omitted.\nParagraph 110\nExtension of time limit\nSections of the IA 1986\nSection 197 of the IA 1986\nCommission for receiving evidence\nSection 426 of the IA 1986\nCo-operation between courts\nTo be read as if references to insolvency law included provisions made by or under these Regulations.\n”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1981/226 (N.I. 6)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Article 150A was inserted by S.I. 2005/1455 (N.I. 10) and amended by S.I. 2008/948."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Paragraph (8) was substituted by S.I. 2009/1941."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Paragraph (6) was substituted by S.I. 2009/1941."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Article 182 was amended by S.I. 2009/1941, and S.I. 2002/3152 (N.I. 6)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Paragraph (1) was amended by S.I. 2002/3152 (N.I. 6)."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Article 197A was inserted by the Corporate Insolvency and Governance Act 2020 (c. 12)."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "Article 204 was amended by S.I. 2005/1455 (N.I. 10)."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "Paragraphs (3A) and (3B) were substituted by S.I. 2005/1455 (N.I. 10)."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "Paragraphs (3) and (5) were amended by S.I. 2005/1455 (N.I. 10)."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "Articles 208ZA and 208ZB are inserted by section 1(1) of the Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2)."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "Paragraph (3A) was inserted by S.R. 2006/22."
    },
    {
      "type": "footnote",
      "label": "f13",
      "text": "Article 349 was amended and Articles 349A to 349B and 350 to 350T were inserted by sections 14 to 16(1), 17(1), and 18 to 20 of the Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2)."
    },
    {
      "type": "footnote",
      "label": "f14",
      "text": "Paragraph (2) was substituted by section 14 of the Insolvency (Amendment) Act (Northern Ireland) 2016."
    },
    {
      "type": "footnote",
      "label": "f15",
      "text": "Paragraphs (1C) and (2C) were inserted by section 125 of the Banking Act 2009 (c. 1)."
    },
    {
      "type": "footnote",
      "label": "f16",
      "text": "Schedule B1 was inserted by Schedule 1 to the Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2023/9780348252859/regulation/12",
    "retrieved_at": "2026-10-30T14:42:31.368822+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}