# Insolvency (Amendment) Act (Northern Ireland) 2026, Section 8: Abolition of requirements to hold meetings: individual insolvency

Extent: N.I.
Status: prospective

(1) After Article 345 insert—
“Creditors’ decisions
Creditors’ decisions: general
345A. (1) This Article applies where, for the purposes of Parts 7A to 10, a person (“P”) seeks a decision about any matter from an individual’s creditors.
(2) The decision may be made by any creditors’ decision procedure P thinks fit, except that it may not be made by a creditors’ meeting unless paragraph (3) applies.
(3) This paragraph applies if at least the minimum number of creditors request in writing that the decision be made by a creditors’ meeting.
(4) If paragraph (3) applies, P must summon a creditors’ meeting.
(5) Paragraph (2) is subject to any provision of this Order, the rules or any other legislation, or any order of the High Court—
(a) requiring a decision to be made, or prohibiting a decision from being made, by a particular creditors’ decision procedure (other than a creditors’ meeting);
(b) permitting or requiring a decision to be made by a creditors’ meeting.
(6) Article 345B provides that in certain cases the deemed consent procedure may be used instead of a creditors’ decision procedure.
(7) For the purposes of paragraph (3) the “minimum number” of creditors is any of the following—
(a) 10% in value of the creditors;
(b) 10% in number of the creditors;
(c) 10 creditors.
(8) The references in paragraph (7) to creditors are to creditors of any class, even where a decision is sought only from creditors of a particular class.
(9) In this Article references to a meeting are to a meeting where the creditors are invited to be present together at the same place (whether or not it is possible to attend the meeting without being present at that place).
(10) Except as provided by paragraph (8), references in this Article to creditors include creditors of a particular class.
(11) In Parts 7A to 10 “creditors’ decision procedure” means a procedure prescribed or authorised under paragraph 9A of Schedule 6.
Deemed consent procedure
345B. (1) The deemed consent procedure may be used instead of a creditors’ decision procedure where an individual’s creditors are to make a decision about any matter, unless—
(a) a decision about the matter is required by virtue of this Order, the rules or any other legislation to be made by a creditors’ decision procedure, or
(b) the High Court orders that a decision about the matter is to be made by a creditors’ decision procedure.
(2) If the rules provide for an individual’s creditors to make a decision about the remuneration of any person, they must provide that the decision is to be made by a creditors’ decision procedure.
(3) The deemed consent procedure is that the relevant creditors other than opted-out creditors are given notice of—
(a) the matter about which the creditors are to make a decision,
(b) the decision the person giving the notice proposes should be made (the “proposed decision”),
(c) the effect of paragraphs (4) and (5), and
(d) the procedure for objecting to the proposed decision.
(4) If less than the appropriate number of relevant creditors object to the proposed decision in accordance with the procedure set out in the notice, the creditors are to be treated as having made the proposed decision.
(5) Otherwise—
(a) the creditors are to be treated as not having made a decision about the matter in question, and
(b) if a decision about that matter is again sought from the creditors, it must be sought using a creditors’ decision procedure.
(6) For the purposes of paragraph (4) the “appropriate number” of relevant creditors is 10% in value of those creditors.
(7) “Relevant creditors” means the creditors who, if the decision were to be made by a creditors’ decision procedure, would be entitled to vote in the procedure.
(8) In this Article references to creditors include creditors of a particular class.
(9) The rules may make further provision about the deemed consent procedure.
Power to amend Articles 345A and 345B
345C. (1) Regulations may amend Article 345A so as to change the definition of the minimum number of creditors.
(2) Regulations may amend Article 345B so as to change the definition of the appropriate number of relevant creditors.
(3) Regulations under this Article may define the minimum number or the appropriate number by reference to any one or more of—
(a) a proportion in value;
(b) a proportion in number;
(c) an absolute number;
and the definition may include alternative, cumulative or relative requirements.
(4) Regulations under paragraph (1) may define the minimum number of creditors by reference to all creditors, or by reference to creditors of a particular description.
(5) Regulations under this Article may make transitional provision.
(6) Regulations may not be made under this Article unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.”.
(2) In Schedule 6 (provision that may be included in individual insolvency rules), after paragraph 9 insert—
“9A. (1) Provision about the making of decisions by creditors, including provision—
(a) prescribing particular procedures by which creditors may make decisions;
(b) authorising the use of other procedures for creditors to make decisions, if those procedures comply with prescribed requirements.
(2) Provision under sub-paragraph (1) may in particular include provision about—
(a) how creditors may request that a creditors’ meeting be held;
(b) the rights of creditors and others to be given notice of, and participate in, procedures;
(c) creditors’ rights to vote in procedures;
(d) the period within which any right to participate or vote is to be exercised;
(e) the proportion of creditors that must vote for a proposal for it to be approved;
(f) how the value of any debt should be determined;
(g) the time at which decisions taken by a procedure are to be treated as having been made.”.
(3) In Article 9 (interpretation of Parts 7A to 10), insert each of the following definitions in its appropriate place—
““creditors’ decision procedure” has the meaning given by Article 345A(11);”;
““deemed consent procedure” means the deemed consent procedure provided for by Article 345B;”.

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Source: https://www.legislation.gov.uk/nia/2026/6/section/8 (the official version)
Page: https://openlegislation.uk/insolvency-amendment-act-northern-ireland-2026/section-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.