The Insolvency (Fees) (Amendment) Order (Northern Ireland) 2011
S.R. 2011/14 · Made 21 January 2011
Insolvency
Made 21st January 2011
Affirmed by resolution of the Assembly on 14th March 2011
Coming into operation 30th June 2011
The Department of Enterprise, Trade and Investmentf1, with the concurrence of the Department of Finance and Personnel, makes the following Order in exercise of the powers conferred by Article 361(1),(3) and (4) of the Insolvency (Northern Ireland) Order 1989f2.
Annotations to the whole text
Footnotes
- f1
-
Formerly the Department of Economic Development; see Article 3(5) of the Departments (Northern Ireland) Order 1999 S.I. 1999/283 (N.I. 1).
- f2
-
S.I.1989/2405 (N.I. 19) amended by the Debt Relief Act (Northern Ireland) 2010(c. 16) which made provision, in particular, for the insertion of a new Part 7A into the Order introducing debt relief orders.
Contents
- 1Citation and commencement
- 2Amendment to the Insolvency (Fees) Order (Northern Ireland) 2006
- 3Amendment to the Insolvency (Fees) Order (Northern Ireland) 2006
- 4Amendment to the Insolvency (Fees) Order (Northern Ireland) 2006
- Signature
- Explanatory note
1Citation and commencement
This Order may be cited as the Insolvency (Fees) (Amendment) Order (Northern Ireland) 2011 and shall come into operation on 30th June 2011.
2Amendment to the Insolvency (Fees) Order (Northern Ireland) 2006
The Insolvency (Fees) Order (Northern Ireland) 2006f1 (“the principal Order”) shall be amended as provided by Articles 3 and 4.
3Amendment to the Insolvency (Fees) Order (Northern Ireland) 2006
In Article 4—
in the heading after “bankruptcies,” insert “debt relief orders,”;
in paragraph (1), after “in respect of” insert “the costs of persons acting as approved intermediaries under Part 7A of the 1989 Order,”.
4Amendment to the Insolvency (Fees) Order (Northern Ireland) 2006
In the Table of fees in paragraph 2 of Schedule 2 immediately, before the heading “Fees payable in relation to winding up by the High Court only”, insert—
“
Fees payable in relation to debt relief orders
Designation of Fee Description of fee and circumstances in which it is charged Amount of fee DRO1 Application for a debt relief
order – official receiver’s
administration fee and costs
of persons acting as
approved intermediaries
For the performance by the
official receiver of his
functions, and for the payment
of an amount not exceeding
£10 in respect of the costs of
persons acting as approved
intermediaries, under Part 7A
of the 1989 Order, there shall be
payable in connection with an
application for a debt relief
order, a fee of—
£90 ”
Signature
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 21st January 2011.
L.S.
Michael J Bohill
A senior officer of the
Department of Enterprise, Trade and Investment
The Department of Finance and Personnel concurs with the foregoing Order.
Sealed with the Official Seal of the Department of Finance and Personnel on 21st January 2011.
L.S.
Michael Daly
A senior officer of the
Department of Finance and Personnel
Explanatory note
(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”). It introduces a new fee to follow on from the introduction of debt relief orders into the Insolvency (Northern Ireland) Order 1989 (“the 1989 Order”) by the Debt Relief Act (Northern Ireland) 2010.
Article 208B of the 1989 Order (making of application for a debt relief order) provides for payment of a fee in connection with an application for a debt relief order. Article 361 of the 1989 Order permits the charging of fees in respect of the costs of persons acting as approved intermediaries and the performance by the official receiver of functions in relation to such orders under Part 7A of the 1989 Order. Article 3(a) and (b) provides for the fee to be charged in respect of these costs to be as set out in Schedule 2 to the principal Order.
Article 4, inserts a new item into the Table of Fees in Schedule 2, to the principal Order which makes an application for a debt relief order subject to the payment of a fee of £90.
A Regulatory Impact Assessment was prepared for the Debt Relief Act (Northern Ireland) 2010. Copies of this are available from the Legislation Unit, The Insolvency Service, Fermanagh House, 20A Ormeau Avenue, Belfast BT2 8NJ.