{
  "url": "https://openlegislation.uk/insolvency-amendment-act-northern-ireland-2026/schedule-4/paragraph-43",
  "json_url": "https://openlegislation.uk/insolvency-amendment-act-northern-ireland-2026/schedule-4/paragraph-43.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/43",
  "kind": "paragraph",
  "number": "43",
  "heading": null,
  "text": "(1) Modified Article 116 (set out in paragraph 12) is amended as follows.\n(2) In paragraph (1), omit “and of Article 116A”.\n(3) In paragraph (4), for “summon a combined meeting of” substitute “in accordance with the rules seek nominations from”.\n(4) After paragraph (4) insert—\n“(5) It is the duty of the official receiver—\n(a) as soon as practicable in the period of 12 weeks beginning with the day on which the insolvency order was made, to decide whether to exercise his power under paragraph (4),\n(b) if in pursuance of sub-paragraph (a) he decides not to exercise that power, to give notice of his decision, before the end of that period, to the High Court and to the creditors of the partnership and the creditors of any insolvent member against whom an insolvency order has been made, and\n(c) (whether or not he has decided to exercise that power) to exercise his power under paragraph (4) if he is at any time requested, in accordance with the rules, to do so by one-quarter, in value, of either—\n(i) the partnership’s creditors, or\n(ii) the creditors of any insolvent member against whom an insolvency order has been made.\n(6) A notice under paragraph (5)(b) to the creditors must contain an explanation of the creditors’ power under paragraph (5)(c) to require the official receiver to seek nominations from the creditors of the partnership and of any insolvent member.\n(7) Where the creditors exercise their power under paragraph (5)(c) before the official receiver has performed the duty under paragraph (5)(a), the duties under paragraph (5)(a) and (b) no longer apply.\n(8) Where the creditors exercise their power under paragraph (5)(c) after the official receiver has performed the duty under paragraph (5)(a) but before he has performed the duty under paragraph (5)(b), the duty under paragraph (5)(b) no longer applies.\n(9) Where—\n(a) a person has been chosen in accordance with paragraph (4) to be the responsible insolvency practitioner of an insolvent partnership, and\n(b) an insolvency order is subsequently made against another insolvent member by virtue of Article 8 of the Insolvent Partnerships Order (Northern Ireland) 1995,\nthat practitioner is also to be the responsible insolvency practitioner of that other member.”.",
  "extent": "N.I.",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 4 para. 43 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/43",
    "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."
}