OpenLegislation

Paragraph 16 I1

Northern Ireland Not yet in force

(1)

In Article 104 (application for winding up), for paragraph (1) substitute—

“(1)

An application to the High Court for the winding up of a company may only be made by petition presented by any or all of the persons mentioned in paragraph (1A), together or separately; but this is subject to the following provisions of this Article.

(1A)

The persons are—

(a)

the company;

(b)

the directors;

(c)

any creditor or creditors (including any contingent or prospective creditor or creditors);

(d)

any contributory or contributories;

(e)

the chief clerk or a collection officer in the exercise of the power mentioned in section 35(4A) and (4B) of the Criminal Justice Act (Northern Ireland) 1945 (enforcement of fines imposed on companies);

(f)

a clerk of petty sessions or a collection officer in the exercise of the power mentioned in Article 92A(1) and (1A) of the Magistrates' Courts (Northern Ireland) Order 1981 (enforcement of fines imposed on companies).”.

(2)

In consequence of sub-paragraph (1), omit—

(a)

paragraph 16 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1994;

(b)

regulation 9 of the Insolvency (Northern Ireland) Order 1989 (Amendment No. 2) Regulations (Northern Ireland) 2002.

Annotations

Commencement

I1

Sch. 3 para. 16 not in operation at Royal Assent, see s. 120(02)