OpenLegislation

Paragraph 71 I1

Northern Ireland Not yet in force

For modified Article 239 (set out in paragraph 4) substitute—

“239.
(1)

A joint bankruptcy petition may be presented to the High Court by virtue of Article 11 of the Insolvent Partnerships Order (Northern Ireland) 1995 only if—

(a)

the centre of the partnership’s main interests is in Northern Ireland,

(b)

the centre of the partnership’s main interests is in a member State of the European Union other than Denmark and the partnership has an establishment in Northern Ireland, or

(c)

the test in paragraph (2) is met.

(2)

The test is that the partnership has carried on business in Northern Ireland at any time in the period of three years ending with the day on which the petition is presented.

(3)

The reference in paragraph (2) to the partnership carrying on business includes the carrying on of business by an agent or manager for the partnership.

(4)

In this Article—

(a)

references to the centre of the partnership’s main interests have the same meaning as in Article 3 of the EU Regulation;

(b)

“establishment” has the same meaning as in Article 2(10) of the EU Regulation.”.

Annotations

Commencement

I1

Sch. 4 para. 71 not in operation at Royal Assent, see s. 120(02)