{
  "url": "https://openlegislation.uk/insolvency-amendment-act-northern-ireland-2026/schedule-4/paragraph-35",
  "json_url": "https://openlegislation.uk/insolvency-amendment-act-northern-ireland-2026/schedule-4/paragraph-35.json",
  "legislation": "nia/2026/6",
  "legislation_title": "Insolvency (Amendment) Act (Northern Ireland) 2026",
  "legislation_url": "https://openlegislation.uk/insolvency-amendment-act-northern-ireland-2026",
  "path": "schedule/4/paragraph/35",
  "kind": "paragraph",
  "number": "35",
  "heading": null,
  "text": "After paragraph 8 insert—\n“Article 116: Functions of official receiver in relation to office of responsible insolvency practitioner\n8A. Article 116 has effect as if, in each place that it occurs, “and contributories” were omitted.\nArticle 117: Appointment of responsible insolvency practitioner by Department\n8B. Article 117 has effect as if—\n(a) in paragraph (2), “and contributories” were omitted;\n(b) after paragraph (3), there were inserted—\n“(3A) If, on an application under paragraph (1) or a reference made in pursuance of a decision under paragraph (2), no appointment is made, the official receiver continues to be responsible insolvency practitioner of the partnership, but without prejudice to his power to make a further application or reference.”.\nArticle 118: Rules applicable to decision-making\n8C. Article 118 is modified so as to read as follows—\n“118. (1) This Article applies where an insolvency order is made in respect of an insolvent partnership by virtue of Article 7 of the Insolvent Partnerships Order (Northern Ireland) 1995.\n(2) The rules relating to decision making on the winding up of a company are to apply (with the necessary modifications) to decisions sought from creditors of the partnership.”.\nArticle 120: Liquidation committee\n8D. Article 120 is modified so as to read as follows—\n“120. (1) This Article applies where an insolvency order is made in respect of an insolvent partnership by virtue of Article 7 of the Insolvent Partnerships Order (Northern Ireland) 1995.\n(2) If the creditors of the partnership decide that a liquidation committee should be established, a liquidation committee is to be established in accordance with the rules.\n(3) A “liquidation committee” is a committee having such functions as are conferred on it by or under this Order.\n(4) The responsible insolvency practitioner must seek a decision from the creditors of the partnership as to whether a liquidation committee should be established if requested, in accordance with the rules, to do so by one-tenth in value of the creditors.\n(5) Paragraph (4) does not apply where the responsible insolvency practitioner is the official receiver.\n(6) The liquidation committee is not to be able or required to carry out its functions at any time when the official receiver is the responsible insolvency practitioner; but at any such time its functions are vested in the Department except to the extent that the rules otherwise provide.\n(7) Where there is for the time being no liquidation committee, and the responsible insolvency practitioner is a person other than the official receiver, the functions of such a committee are vested in the Department except to the extent that the rules otherwise provide.”.\nArticle 142: Liquidator’s powers on winding up\n8E. Article 142(1) has effect as if for “Parts 1 to 3” there were substituted “Parts 1 and 2”.\nArticle 143: Liquidator’s supplementary powers\n8F. Article 143 has effect as if for paragraph (2) there were substituted—\n“(2) The responsible insolvency practitioner may seek a decision on any matter from the creditors of the partnership; and must seek a decision on a matter if requested to do so by one-tenth in value of the creditors.”.\nArticle 146: Removal, etc (winding up by the High Court)\n8G. Article 146 has effect as if—\n(a) in paragraph (3)(a), “or contributories” were omitted;\n(b) in paragraph (6), for “in the prescribed circumstances” there were substituted “with the leave of the High Court (or, if appointed by the Department, with the leave of the Court or the Department)”.\nArticle 148: Release (winding up by the High Court)\n8H. Article 148 has effect as if—\n(a) in paragraph (2)(a), “or contributories” were omitted;\n(b) in paragraph (4E), for “with effect from such time as may be prescribed.” there were substituted\n“—\n(a) if he was appointed by the Department, with effect from such time as may be directed by the High Court or as the Department may, on the application of the person, determine, or\n(b) in any other case, with effect from such time as may be directed by the Court.”.\nArticle 164: High Court’s powers to ascertain wishes of creditors\n8I. Article 164 is modified so as to read as follows—\n“164. (1) The High Court may—\n(a) as to all matters relating to the winding up of an insolvent partnership, have regard to the wishes of the creditors (as proved to it by any sufficient evidence), and\n(b) if it thinks fit, for the purposes of ascertaining those wishes, direct qualifying decision procedures to be instigated or the deemed consent procedure to be used in accordance with any directions given by the Court, and appoint a person to report the result to the Court.\n(2) In having regard to the wishes of the creditors, the Court must have regard to the value of each creditor’s debt.”.”.",
  "extent": "N.I.",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 4 para. 35 not in operation at Royal Assent, see s. 120(02)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nia/2026/6/schedule/4/paragraph/35",
    "retrieved_at": "2026-10-29T20:18:58.712686+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."
}