# Insolvency (Amendment) Act (Northern Ireland) 2026, Paragraph 89

Extent: N.I.
Status: prospective

After modified Article 10A (substituted by paragraph 87 above) insert—
“Persons instructing unfit officers
Persons instructing unfit officers
11A. (1) The High Court may make a disqualification order against a person (“P”) if, on an application under Article 11B, it is satisfied—
(a) either—
(i) that a disqualification order under Article 9 has been made against a person who is or has been an officer of a partnership, or
(ii) that the Department has accepted a disqualification undertaking from such a person under Article 10(3), and
(b) that P exercised the requisite amount of influence over the person.
That person is referred to in this Article as “the main transgressor”.
(2) For the purposes of this Article, P exercised the requisite amount of influence over the main transgressor if any of the conduct—
(a) for which the main transgressor is subject to the order made under Article 9, or
(b) in relation to which the undertaking was accepted from the main transgressor under Article 10(3),
was the result of the main transgressor acting in accordance with P’s directions or instructions.
(3) But P does not exercise the requisite amount of influence over the main transgressor by reason only that the main transgressor acts on advice given by P in a professional capacity.
(4) Under this Article the minimum period of disqualification is 2 years and the maximum period is 15 years.
Application for order under Article 11A
11B. (1) If it appears to the Department that it is expedient in the public interest that a disqualification order should be made against a person under Article 11A, the Department may—
(a) make an application to the court for such an order, or
(b) in a case where an application for an order under Article 9 against the main transgressor has been made by the official receiver, direct the official receiver to make such an application.
(2) Except with the leave of the High Court, an application for a disqualification order under Article 11A must not be made after the end of the period of 3 years beginning with the day on which the partnership in question became insolvent (within the meaning given by paragraphs (2) and (4) of Article 9A).
(3) Paragraph (5) of Article 10 applies for the purposes of this Article as it applies for the purposes of that Article.
Disqualification undertaking instead of an order under Article 11A
11C. (1) If it appears to the Department that it is expedient in the public interest to do so, the Department may accept a disqualification undertaking from a person (“P”) if—
(a) any of the following is the case—
(i) a disqualification order under Article 9 has been made against a person who is or has been an officer of a partnership,
(ii) the Department has accepted a disqualification undertaking from such a person under Article 10(3), or
(iii) it appears to the Department that such an undertaking could be accepted from such a person (if one were offered), and
(b) it appears to the Department that P exercised the requisite amount of influence over the person.
That person is referred to in this Article as “the main transgressor”.
(2) For the purposes of this Article, P exercised the requisite amount of influence over the main transgressor if any of the conduct—
(a) for which the main transgressor is subject to the disqualification order made under Article 9,
(b) in relation to which the disqualification undertaking was accepted from the main transgressor under Article 10(3), or
(c) which led the Department to the conclusion set out in paragraph (1)(a)(iii),
was the result of the main transgressor acting in accordance with P’s directions or instructions.
(3) But P does not exercise the requisite amount of influence over the main transgressor by reason only that the main transgressor acts on advice given by P in a professional capacity.
(4) Paragraph (5) of Article 10 applies for the purposes of this Article as it applies for the purposes of that Article.
Further provision about disqualification undertakings
Variation etc of disqualification undertaking
12. (1) The High Court may, on the application of a person who is subject to a disqualification undertaking—
(a) reduce the period for which the undertaking is to be in force, or
(b) provide for it to cease to be in force.
(2) On the hearing of an application under paragraph (1), the Department must appear and call the attention of the Court to any matters which seem to the Department to be relevant, and may give evidence or call witnesses.”.

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Source: https://www.legislation.gov.uk/nia/2026/6/schedule/4/paragraph/89 (the official version)
Page: https://openlegislation.uk/insolvency-amendment-act-northern-ireland-2026/schedule-4/paragraph-89
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.