The Insolvency (Amendment) Regulations (Northern Ireland) 2006

The substitution of Part 5 of, and Schedule 1 to, the principal Regulations by paragraphs 21 and 23 of the Schedule only applies in relation to services provided by the official receiver (or any of his officers) in relation to—

The principal Regulations shall be amended in accordance with the provisions of the Schedule.

In paragraph (1) of regulation 3, after the definition of “debtor” there shall be inserted the following definition—

• ““electronic transfer” means transmission by any electronic means;”.

In paragraph (5) of regulation 3 after the words “these Regulations” there shall be inserted “(except for regulations 3A and 35)”.

After paragraph (5) of regulation 3 there shall be inserted—

“(6)

Regulation 3A applies in any case where a company entered into administration on or after 27 March 2006 other than a case where the company entered into administration by virtue of a petition presented before that date.

(7)

Regulation 35 applies in any case where an insolvency practitioner is appointed on or after 27 March 2006.”.

After regulation 3 there shall be inserted—

“PART 1A

ADMINISTRATION

Disposal of company’s records and provision of information to the Department

3A

(1)

The person who was the last administrator of a company which has been dissolved may, at any time after the expiration of a period of one year from the date of dissolution, destroy or otherwise dispose of the books, papers and other records of the company.

(2)

An administrator or former administrator shall within 14 days of a request by the Department give the Department particulars of any money in his hands or under his control representing unclaimed or undistributed assets of the company or dividends or other sums due to any person as a member or former member of the company.”.

For paragraph (2) of regulation 5 there shall be substituted the following paragraph—

“(2)

Every payment of money into the Insolvency Account under paragraph (1) shall be—

(a)

sent direct to the bank where the Insolvency Account is kept by cheque drawn in favour of the “Insolvency Account” and crossed “A/c payee only” or

(b)

made by electronic transfer,

and the liquidator shall on request be given by the Department a receipt for the money so paid.”.

In paragraph (3) of regulation 5, for the words “under paragraph (1)” there shall be substituted the words “made under sub-paragraph (a) of paragraph (2)” and at the end there shall be inserted the following words—

“and every payment of money made under sub-paragraph (b) of paragraph (2) shall specify the name of the liquidator making the payment and the name of the company to whose credit such payment is made.”.

In regulation 7, the following paragraph shall be inserted after paragraph (1)—

“(1A)

Paragraphs (2) and (3) are subject to paragraph (3A).”.

The following paragraph shall be inserted after paragraph (3) of regulation 7—

“(3A)

In respect of an application made by the liquidator under paragraphs (2) and (3), the Department, if requested to do so by the liquidator, may, at its discretion—

(a)

make the payment which is the subject of the application to the liquidator by electronic transfer, or

(b)

as an alternative to the issue of payment instruments, make payment by electronic transfer to the person to whom the liquidator would otherwise deliver payment instruments.”.

In regulation 8, the following paragraph shall be inserted after paragraph (1)—

“(1A)

Paragraphs (2) and (3) are subject to paragraph (3A).”.

The following paragraph shall be inserted after paragraph (3) of regulation 8—

“(3A)

In respect of an application made by the liquidator under paragraphs (2) and (3), the Department, if requested to do so by the liquidator, may at its discretion as an alternative to the issue of payment instruments, make payment by electronic transfer to the persons to whom the liquidator would otherwise deliver payment instruments.”.

In paragraph (4) of regulation 8 the following words shall be inserted after the word “instrument”—

“or payment by electronic transfer”.

For regulation 9 there shall be substituted the following regulation—

“Interest

9

At any time on or after 27 March 2006 whenever there are any monies standing to the credit of a company in the Insolvency Account the company shall be entitled to any interest received in respect of those monies.”.

For paragraph (2) of regulation 20 there shall be substituted the following paragraph—

“(2)

Every payment of money into the Insolvency Account under paragraph (1) shall be—

(a)

sent direct to the bank where the Insolvency Account is kept by cheque drawn in favour of the “Insolvency Account” and crossed “A/c payee only”; or

(b)

made by electronic transfer,

and the trustee shall on request be given by the Department a receipt for the money so paid.”.

In paragraph (3) of regulation 20 for the words “under paragraph (1)” there shall be substituted the words “made under sub-paragraph (a) of paragraph (2)” and at the end there shall be inserted the following words—

“and every payment of money made under sub-paragraph (b) of paragraph (2) shall specify the name of the trustee making the payment and the name of the bankrupt to whose credit such payment is made.”.

In regulation 22 the following paragraph shall be inserted before paragraph (1)—

“(A1)

Paragraphs (1) and (2) are subject to paragraph (2A).”.

The following paragraph shall be inserted after paragraph (2) of regulation 22—

“(2A)

In respect of an application made by the trustee under paragraph (1) or (2), the Department, if requested to do so by the trustee, may at its discretion—

(a)

make the payment which is the subject of the application to the trustee by electronic transfer, or

(b)

as an alternative to the issue of payment instruments, make payment by electronic transfer to the persons to whom the trustee would otherwise deliver payment instruments.”.

In paragraph (1) of regulation 23 the following words shall be inserted at the beginning—

“Subject to paragraph (1A),”.

The following paragraph shall be inserted after paragraph (1) of regulation 23—

“(1A)

In respect of an application made by the trustee under paragraph (1), the Department, if requested to do so by the trustee, may, at its discretion, as an alternative to the issue of payment instruments, make payment by electronic transfer to the persons to whom the trustee would otherwise deliver payment instruments.”.

In paragraph (2) of regulation 23, the following words shall be inserted after the word “instrument”—

“or payment by electronic transfer”.

For regulation 24 there shall be substituted the following regulation—

“Interest

24

At any time on or after 27 March 2006 whenever there are any monies standing to the credit of the estate of a bankrupt in the Insolvency Account the estate shall be entitled to any interest received in respect of those monies.”.

For Part 5 there shall be substituted—

“PART 5

REMUNERATION OF OFFICIAL RECEIVER

Official receiver’s remuneration while acting as interim receiver, provisional liquidator, liquidator or trustee

34

The official receiver shall be entitled to remuneration calculated in accordance with the applicable hourly rates set out in Schedule 1 for services provided by him (or any of his officers) in relation to—

(a)

a distribution made by him when acting as liquidator or trustee to creditors (including preferential or secured creditors or both such classes of creditor);

(b)

the realisation of assets on behalf of the holder of a fixed or floating charge or both types of those charges;

(c)

the supervision of a special manager;

(d)

the performance by him of any functions where he acts as provisional liquidator; or

(e)

the performance by him of any functions where he acts as an interim receiver.”.

After Part 5 (as inserted by paragraph 21) there shall be inserted—

“PART 5A

INFORMATION ABOUT TIME SPENT ON A CASE TO BE PROVIDED BY INSOLVENCY PRACTITIONER TO CREDITORS ETC.

35

(1)

Subject as set out in this regulation, in respect of any case in which he acts, an insolvency practitioner shall on request in writing made by any person mentioned in paragraph (2), supply free of charge to that person a statement of the kind described in paragraph (3).

(2)

The persons referred to in paragraph (1) are –

(a)

any creditor in the case;

(b)

where the case relates to a company, any director or contributory of that company; and

(c)

where the case relates to an individual, that individual.

(3)

The statement referred to in paragraph (1) shall comprise in relation to the period beginning with the date of the insolvency practitioner’s appointment and ending with the relevant date the following details—

(a)

the total number of hours spent on the case by the insolvency practitioner and any staff assigned to the case during that period;

(b)

for each grade of individual so engaged, the average hourly rate at which any work carried out by individuals in that grade is charged; and

(c)

the number of hours spent by each grade of staff during that period.

(4)

In relation to paragraph (3) the “relevant date” means the date next before the date of the making of the request on which the insolvency practitioner has completed any period in office which is a multiple of six months or, where the insolvency practitioner has vacated office, the date that he vacated office.

(5)

Where an insolvency practitioner has vacated office, an obligation to provide information under this regulation shall only arise in relation to a request that is made within 2 years of the date he vacates office.

(6)

Any statement required to be provided to any person under this regulation shall be supplied within 28 days of the date of the receipt of the request by the insolvency practitioner.

(7)

In this regulation the expression “insolvency practitioner” shall be construed in accordance with Article 3 except that such expression shall not include an insolvency practitioner acting as nominee or supervisor where a voluntary arrangement in relation to a company or insolvent partnership is proposed or approved under Part II of the Order nor shall it include an insolvency practitioner acting as nominee or supervisor where a voluntary arrangement in relation to an individual is proposed or approved under Part VIII of the Order.

(8)

In paragraph (7) the reference to Part II of the Order is, in the case of an insolvent partnership, a reference to that Part as it applies by virtue of the Insolvent Partnerships Order (Northern Ireland) 1995^f1.”.

For Schedule 1 there shall be substituted—

“SCHEDULE 1

Regulation 34

Grade according to the Insolvency Service grading structure/Status of Official	Total hourly rate £
Official Receiver	60
Deputy Official Receiver	50
Examiner/Staff Officer administrator	40
Assistant Examiner/EOI administrator	37
Trainee Examiner/EOII administrator	33
Administrative Officer	31
Administrative Assistant	27

”

(This note is not part of the Regulations).