# Insolvency (Amendment) Act (Northern Ireland) 2026, Section 10: Ability for creditors to opt not to receive certain notices: individual insolvency

Extent: N.I.
Status: prospective

(1) After Article 345D (inserted by section 101(2) below) insert—
“Creditors’ ability to opt out of receiving certain notices
345E. (1) Any provision of the rules which requires an office-holder to give a notice to creditors of an individual does not apply, in circumstances prescribed by the rules, in relation to opted-out creditors.
(2) Paragraph (1)—
(a) does not apply in relation to a notice of a distribution or proposed distribution to creditors;
(b) is subject to any order of the High Court requiring a notice to be given to all creditors (or all creditors of a particular category).
(3) Except as provided by the rules, a creditor may participate and vote in a creditors’ decision procedure or a deemed consent procedure even though, by virtue of being an opted-out creditor, the creditor does not receive notice of it.
(4) In this Article—
“give” includes deliver, furnish or send;
“notice” includes any document or information in any other form;
“office-holder”, in relation to an individual, means—
(a) where a bankruptcy order is made against the individual, the official receiver or the trustee in bankruptcy;
(b) where an interim receiver of the individual’s property is appointed, the interim receiver;
(c) the supervisor of a voluntary arrangement approved under Chapter 2 of Part 8 in relation to the individual.”.
(2) After Article 11 insert—
““Opted-out creditor”
11A. (1) For the purposes of Parts 7A to 10 “opted-out creditor” in relation to an office-holder for an individual means a person who—
(a) is a creditor of the individual, and
(b) in accordance with the rules has elected (or is deemed to have elected) to be (and not to cease to be) an opted-out creditor in relation to the office-holder.
(2) In this Article, “office-holder”, in relation to an individual, means—
(a) where a bankruptcy order is made against the individual, the official receiver or the trustee in bankruptcy;
(b) where an interim receiver of the individual’s property is appointed, the interim receiver;
(c) the supervisor of a voluntary arrangement approved under Chapter 2 of Part 8 in relation to the individual.”.
(3) In Schedule 6 (provision that may be included in individual insolvency rules), after paragraph 5 insert—
“5ZA. Provision for enabling a creditor of an individual to elect to be, or to cease to be, an opted-out creditor in relation to an office-holder for the individual (within the meaning of Article 11A), including, in particular, provision—
(a) for requiring an office-holder to provide information to creditors about how they may elect to be, or cease to be, opted-out creditors;
(b) for deeming an election to be, or cease to be, an opted-out creditor in relation to a particular office-holder for an individual to be such an election also in relation to any other office-holder for the individual.”.

---
Source: https://www.legislation.gov.uk/nia/2026/6/section/10 (the official version)
Page: https://openlegislation.uk/insolvency-amendment-act-northern-ireland-2026/section-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.