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The Insolvency (Amendment) (2016 Act) (Consequential Amendments and Revocation) Order (Northern Ireland) 2021

S.R. 2021/140 · Made 27 May 2021

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Insolvency

Made 27th May 2021

Coming into operation 30th June 2021

The Department for the Economyf1 makes the following Order in exercise of the powers conferred on it by section 11(2) of the Insolvency (Amendment) Act (Northern Ireland) 2016f2.

Annotations to the whole text

Footnotes

f1

Formerly the Department of Enterprise, Trade and Investment; see section 1(3) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.))

f2

2016 c. 2 (N.I.)

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Insolvency Rules (Northern Ireland) 1991
  3. 3Amendment of the Insolvency Regulations (Northern Ireland) 1996
  4. 4Amendment of the Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005
  5. 5Amendment of the Insolvency Practitioners Regulations (Northern Ireland) 2006
  6. 6Amendment of the Insolvency (Fees) Order (Northern Ireland) 2006
  7. 7Amendment of the Rates (Unoccupied Hereditaments) Regulations (Northern Ireland) 2011
  8. 8Amendment of the Insolvency (Fees) (Amendment No. 2) Order (Northern Ireland) 2011
  9. 9Revocation of the Deeds of Arrangement Regulations (Northern Ireland) 1996
  10. Signature
  11. Explanatory note

1Citation and commencement

This Order may be cited as the Insolvency (Amendment) (2016 Act) (Consequential Amendments and Revocation) Order (Northern Ireland) 2021 and comes into operation on 30th June 2021.

2Amendment of the Insolvency Rules (Northern Ireland) 1991

Omit rule 5.01 of the Insolvency Rules (Northern Ireland) 1991f1.

3Amendment of the Insolvency Regulations (Northern Ireland) 1996

(1)

The Insolvency Regulations (Northern Ireland) 1996f1 are amended as follows,

(2)

In Regulation 3 (interpretation and application)—

(a)

in paragraph 1—

(i)

omit the definition of “debtor”;

(ii)

in the definition of “trustee” omit paragraph (b) and the preceding “and”;

(b)

in paragraph 5 omit sub-paragraph (c).

(3)

For the cross-heading to “Part 6” substitute “USE OF ELECTRONIC COMMUNICATIONS”.

(4)

Omit regulations 38 to 49.

(5)

Omit Schedule 2.

(6)

In paragraph 7 of Schedule 3, in the table –

(a)

in the first column, omit the entries from “39” to the end;

(b)

in the second column, omit the entries from “38” to the end.

4Amendment of the Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005

In the Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005f1, in regulation 6, omit paragraph (2).

5Amendment of the Insolvency Practitioners Regulations (Northern Ireland) 2006

In the Insolvency Practitioners Regulations (Northern Ireland) 2006f1, in paragraph 7 of Schedule 3, omit sub-paragraph (d).

6Amendment of the Insolvency (Fees) Order (Northern Ireland) 2006

(1)

— In the Insolvency (Fees) Order (Northern Ireland) 2006f1, in Article 4, in the heading, omit “, deeds of arrangement”.

(2)

In Schedule 2 to that Order—

(a)

in paragraph 1(1), omit the definition of “the registrar”;

(b)

in paragraph 2, in the Table of Fees, omit—

(i)

the entries for fees 1 to 8;

(ii)

the headings in the first, second and third columns relating to those entries;

(iii)

“Fees payable in respect of deeds of arrangement only”.

7Amendment of the Rates (Unoccupied Hereditaments) Regulations (Northern Ireland) 2011

In the Rates (Unoccupied Hereditaments) Regulations (Northern Ireland) 2011f1, in the Schedule, omit paragraph 13.

8Amendment of the Insolvency (Fees) (Amendment No. 2) Order (Northern Ireland) 2011

In the Insolvency (Fees) (Amendment No. 2) Order (Northern Ireland) 2011f1, in the heading to article 5, omit “, deeds of arrangement”.

9Revocation of the Deeds of Arrangement Regulations (Northern Ireland) 1996

The Deeds of Arrangement Regulations (Northern Ireland) 1996f1 are revoked.

Signature

Sealed with the Official Seal of the Department for the Economy on 27 May 2021

(L.S.)

Colin Jack

A senior officer of the Department for the Economy

Explanatory note

(This note is not part of the -Order)

This Order revokes the Deeds of Arrangement Regulations (Northern Ireland) 1996 and makes amendments to subordinate legislation consequential to the repeal by section 11 of the Insolvency (Amendment) Act (Northern Ireland) 2016 (2016 c. 2 (N.I.)) of Chapter 1 of Part 8 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) which made provision for deeds of arrangement.

A Regulatory Impact Assessment has not been produced for this Order as it will have no effect on the costs of business or the voluntary sector.