{
  "url": "https://openlegislation.uk/insolvency-amendment-act-northern-ireland-2026/schedule-4/paragraph-61",
  "json_url": "https://openlegislation.uk/insolvency-amendment-act-northern-ireland-2026/schedule-4/paragraph-61.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/61",
  "kind": "paragraph",
  "number": "61",
  "heading": null,
  "text": "After paragraph 27 insert—\n“Article 208ZE: Decisions by creditors: general\n27ZA. Article 208ZE and Article 345A are modified so as to read as follows—\n“208ZE. (1) This Article applies where, for the purposes of this Order, a person (“P”) seeks a decision about any matter from—\n(a) the creditors of a partnership,\n(b) the creditors of a corporate member against which an insolvency order has been made,\n(c) the creditors of an individual member against whom an insolvency order has been made, or\n(d) the creditors of a partnership and of any insolvent members (together as if they were a single set of creditors).\n(2) The decision may be made by any relevant decision procedure P thinks fit, except that it may not be made by a creditors’ meeting unless paragraph (3) applies.\n(3) This paragraph applies if at least the minimum number of creditors make a request to P in writing that the decision be made by a creditors’ meeting.\n(4) If paragraph (3) applies, P must summon a creditors’ meeting.\n(5) Paragraph (2) is subject to any provision of this Order, the rules or any other legislation, or any order of the High Court—\n(a) requiring a decision to be made, or prohibiting a decision from being made, by a particular relevant decision procedure (other than a creditors’ meeting);\n(b) permitting or requiring a decision to be made by a creditors’ meeting.\n(6) Article 208ZF provides that in certain cases the deemed consent procedure may be used instead of a relevant decision procedure.\n(7) For the purposes of paragraph (3) the “minimum number” of creditors is any of the following—\n(a) 10% in value of the creditors;\n(b) 10% in number of the creditors;\n(c) 10 creditors.\n(8) The references in paragraph (7) to creditors are to creditors of any class, even where a decision is sought only from creditors of a particular class.\n(9) In this Article references to a meeting are to a meeting where the creditors are invited to be present together at the same place (whether or not it is possible to attend the meeting without being present at that place).\n(10) Except as provided by paragraph (8), references in this Article to creditors include creditors of a particular class.\n(11) In this Order—\n“relevant decision procedure” means—\n(a) in the case of a decision sought only from the creditors of an individual member against whom an insolvency order has been made, creditors’ decision procedure, and\n(b) in any other case mentioned in paragraph (1), qualifying decision procedure;\n“qualifying decision procedure” means a procedure prescribed or authorised under paragraph 8A of Schedule 5;\n“creditors’ decision procedure” means a procedure prescribed or authorised under paragraph 9A of Schedule 6.”.\nArticle 208ZF: Deemed consent procedure\n27ZB. Article 208ZF and Article 345B are modified so as to read as follows—\n“208ZF. (1) The deemed consent procedure may be used instead of a relevant decision procedure where any of the following are to make a decision about any matter—\n(a) the creditors of a partnership,\n(b) the creditors of a corporate member against which an insolvency order has been made,\n(c) the creditors of an individual member against whom an insolvency order has been made, or\n(d) the creditors of a partnership and of any insolvent members (together as if they were a single set of creditors),\nunless paragraph (2) applies.\n(2) This paragraph applies where—\n(a) a decision about the matter is required by virtue of this Order, the rules or any other legislation to be made by a relevant decision procedure, or\n(b) the High Court orders that a decision about the matter is to be made by a relevant decision procedure.\n(3) If the rules provide for the creditors of a partnership, the creditors of a corporate member against which an insolvency order has been made, the creditors of an individual member against whom an insolvency order has been made or the creditors of a partnership and of any insolvent members to make a decision about the remuneration of any person, they must provide that the decision is to be made by a relevant decision procedure.\n(4) The deemed consent procedure is that the relevant creditors other than opted-out creditors are given notice of—\n(a) the matter about which they are to make a decision,\n(b) the decision that the person giving the notice proposes should be made (the “proposed decision”),\n(c) the effect of paragraphs (5) and (6), and\n(d) the procedure for objecting to the proposed decision.\n(5) If less than the appropriate number of relevant creditors object to the proposed decision in accordance with the procedure set out in the notice, the creditors are to be treated as having made the proposed decision.\n(6) Otherwise—\n(a) the creditors are to be treated as not having made a decision about the matter in question, and\n(b) if a decision about that matter is again sought from the creditors it must be sought using a relevant decision procedure.\n(7) For the purposes of paragraph (5) the “appropriate number” of relevant creditors is 10% in value of those creditors.\n(8) “Relevant creditors” means the creditors who, if the decision were to be made by a relevant decision procedure, would be entitled to vote in the procedure.\n(9) In this Article references to creditors include creditors of a particular class.”.”.",
  "extent": "N.I.",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 4 para. 61 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/61",
    "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."
}