{
  "url": "https://openlegislation.uk/insolvency-amendment-act-northern-ireland-2026/schedule-4/paragraph-91",
  "json_url": "https://openlegislation.uk/insolvency-amendment-act-northern-ireland-2026/schedule-4/paragraph-91.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/91",
  "kind": "paragraph",
  "number": "91",
  "heading": null,
  "text": "After modified Article 12 (inserted by paragraph 89 above) insert—\n“Participation in wrongful trading\n14. (1) Where the High Court makes a declaration under Article 177 or 178 of the Insolvency (Northern Ireland) Order 1989 that a person is liable to make a contribution to a partnership’s assets, then, whether or not an application for such an order is made by any person, the Court may, if it thinks fit, also make a disqualification order against the person to whom the declaration relates.\n(2) The maximum period of disqualification under this Article is 15 years.\n(3) In this Article “partnership” includes overseas partnership within the meaning given by Article 9A(1).\nDetermining unfitness etc: matters to be taken into account\n17A. (1) This Article applies where the High Court must determine—\n(a) whether a person’s conduct as an officer of a partnership (either taken alone or taken together with that person’s conduct as an officer of one or more relevant entities or relevant overseas entities) makes the person unfit to be concerned in the management of a company;\n(b) where the court is required to make an order under Article 9, what the period of disqualification should be.\n(2) This Article also applies where the Department must determine—\n(a) whether a person’s conduct as an officer of a partnership (either taken alone or taken together with that person’s conduct as an officer of one or more relevant entities or relevant overseas entities) makes the person unfit to be concerned in the management of a company;\n(b) whether to exercise any discretion the Department has to accept a disqualification undertaking under Article 10.\n(3) In making any such determination in relation to a person, the High Court or the Department must have regard in particular to the matters set out in paragraphs 1 to 7 of Schedule 1.\n(4) Article 9(1B) to (1E) and Article 9A(1) 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. 91 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/91",
    "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."
}