{
  "url": "https://openlegislation.uk/insolvency-amendment-act-northern-ireland-2026/schedule-4/paragraph-86",
  "json_url": "https://openlegislation.uk/insolvency-amendment-act-northern-ireland-2026/schedule-4/paragraph-86.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/86",
  "kind": "paragraph",
  "number": "86",
  "heading": null,
  "text": "For modified Article 10 substitute—\n“Disqualification orders under Article 9: applications and acceptance of undertakings\n10. (1) If it appears to the Department that it is expedient in the public interest that a disqualification order under Article 9 should be made against any person, an application for the making of such an order against that person may be made—\n(a) by the Department, or\n(b) if the Department so directs in the case of a person who is or has been—\n(i) an officer of a partnership which is being, or has been, wound up by the High Court, or\n(ii) an officer of a partnership the business of which is being, or has been, wound up by the High Court (without the partnership being wound up as an unregistered company),\nby the official receiver.\n(2) Except with the leave of the High Court, an application for the making under Article 9 of a disqualification order against any person may not be made after the expiration of 3 years from the day on which the partnership of which that person is or has been an officer became insolvent.\n(3) If it appears to the Department that the conditions mentioned in Article 9(1) are satisfied as respects any person who has offered to give the Department a disqualification undertaking, the Department may accept the undertaking if it appears to the Department that it is expedient in the public interest that the Department should do so (instead of applying, or proceeding with an application, for a disqualification order).\n(5) The Department or the official receiver may require any person (“A”)—\n(a) to furnish the Department or, as the case may be, the official receiver with such relevant information, and\n(b) to produce and permit inspection of such relevant records,\nas the Department or the official receiver may reasonably require for the purpose of determining whether to exercise, or of exercising, any function under this Article.\n(5A) In paragraph (5)(a), “relevant information” is information with respect to the conduct of A, or another person, as an officer of the partnership mentioned in Article 9(1)(a) or a relevant entity or relevant overseas entity that has become insolvent.\n(5B) In paragraph (5)(b), “relevant records” are books, papers and other records that are considered by the Department or (as the case may be) the official receiver to be relevant to the conduct of A, or another person, as an officer of the partnership mentioned in Article 9(1)(a) or a relevant entity or relevant overseas entity that has become insolvent.\n(5C) For the purposes of paragraphs (5A) and (5B), it does not matter whether the partnership, relevant entity or relevant overseas entity became insolvent while A or (as the case may be) the other person was an officer or subsequently.\n(6) Article 9(1B) to (1E) and Article 9A(2) to (4) apply for the purposes of this Article as they apply for the purposes of Article 9(1).”.",
  "extent": "N.I.",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 4 para. 86 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/86",
    "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."
}