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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Rules)

These Rules amend the Insolvency Rules (Northern Ireland) 1991 (S.R. 1991 No. 364) (“the principal Rules”), of which there are two versions.

The principal Rules as amended by the Insolvency (Amendment) Rules (Northern Ireland) 2006 (“the 2006 Rules”) apply to all insolvency proceedings other than special administration regimes. These are referred to in this note as the “current principal Rules”.

However, rule 5 of the 2006 Rules provides that, in cases where Part III of the Insolvency (Northern Ireland) Order 1989 applies without amendments made by the Insolvency (Northern Ireland) Order 2005, the principal Rules continue to apply without the amendments made by the 2006 Rules.

Article 4 of the Insolvency (Northern Ireland) Order 2005 provides for Part III of the Insolvency (Northern Ireland) Order 1989 to continue to apply as prior to amendment by the Insolvency (Northern Ireland) Order 2005 in two special administration regimes, namely—

(a)

licence companies within the meaning of section 26 of the Transport Act 2000 (c. 38) (air traffic services), or

(b)

building societies within the meaning of section 119 of the Building Societies Act 1986 (c. 53) (interpretation).

The version of the principal Rules applying to special administration regimes is referred to in this note as the “former principal Rules”.

These Rules make amendments to both the current and former principal Rules consequent on the coming into force on 1 October 2009 of the Companies Act 2006. Rules 4 to 17 amend the current principal Rules and rules 19 to 24 amend the former principal Rules.

Part 1 of the Schedule substitutes in Schedule 2 to the current principal Rules new form 5.2, which is needed because the previous form incorrectly stated that an interim order of Court under Article 226 of the Insolvency (Northern Ireland) Order 1989 took effect on the day after the date on which the order was made.

Part 2 of the Schedule substitutes in Schedule 2 to the former principal Rules new form 2.01(SAR), which is needed due to the coming into force of the Companies Act 2006.