# The Insolvency (Fees) (Amendment No. 2) Order (Northern Ireland) 2011, Note: Explanatory note

Extent: N.I.

(This note is not part of the Order)
This Order makes amendments to the Insolvency (Fees) Order (Northern Ireland) 2006 (S.R. 2006 No. 54) (“the principal Order”) in relation to the fees charged for insolvency proceedings under the Insolvency (Northern Ireland) Order 1989 (“the 1989 Order”).
Article 3 updates article 5 of the principal Order which prescribes the fees payable to insolvency practitioners under Article 247 of the 1989 Order. The amount payable is increased from £345 to £450.
Article 4 updates article 6 of the principal Order which prescribes a reduction in the fees payable by a bankrupt to the official receiver when acting as supervisor of an individual voluntary arrangement. The amount is increased from £462.50 to £525 to correspond with a similar increase in the fee designated as B1, pursuant to article 5(a) of this Order.
Article 5(a) increases from £925 to £1,050 the official receiver’s administration fee payable for the performance by the official receiver of his general duties as official receiver on the making of a bankruptcy order.
Article 5(c) increases from £1,615 to £1,800 the official receiver’s administration fee payable for the performance by the official receiver of his general duties as official receiver on the making of a winding-up order.
Articles 5(b) and 5(d) amend the percentages to be applied for the performance by the Department of its general duties under the insolvency legislation in relation to the administration of the estate of each bankrupt, or of the affairs of each company which is being wound up by the High Court.
Article 6 makes transitional provisions for the application of this Order.
In any case where a bankruptcy order was made under the 1989 Order before the date that this Order comes into operation, only Fee 19 in Part 2 of the Schedule to the Insolvency (Fees) Order (Northern Ireland) 1991 (S.R.1991 No.385) (“the 1991 Order”) will continue to apply. As regards cases where a winding-up order is made under the 1989 Order before the date this Order comes into operation, only Fee 8 in Part 1 of the Schedule to the 1991 Order will continue to be payable.
A Regulatory Impact Assessment has not been prepared in relation to this Order. An assessment was prepared for the Insolvency (Northern Ireland) Order 2005, which deals with the restructuring of the system of insolvency fees. Copies of this are available from the Legislation Unit, The Insolvency Service, Fermanagh House, 20A Ormeau Avenue, Belfast BT2 8NJ.

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Source: https://www.legislation.gov.uk/nisr/2011/390/note (the official version)
Page: https://openlegislation.uk/insolvency-fees-amendment-no-2-order-northern-ireland-2011/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

