{
  "url": "https://openlegislation.uk/insolvency-rules-northern-ireland-1991/rule-4.033",
  "json_url": "https://openlegislation.uk/insolvency-rules-northern-ireland-1991/rule-4.033.json",
  "legislation": "nisr/1991/364",
  "legislation_title": "The Insolvency Rules (Northern Ireland) 1991",
  "legislation_url": "https://openlegislation.uk/insolvency-rules-northern-ireland-1991",
  "path": "rule/4.033",
  "kind": "rule",
  "number": "4.033",
  "heading": "Remuneration",
  "text": "(1) The remuneration of the provisional liquidator (other than the official receiver) shall be fixed by the court from time to time on his application.\n(2) In fixing his remuneration, the court shall take into account—\n(a) the time properly given by him (as provisional liquidator) and his staff in attending to the company's affairs;\n(b) the complexity (or otherwise) of the case;\n(c) any respects in which, in connection with the company's affairs, there falls on the provisional liquidator any responsibility of an exceptional kind or degree;\n(d) the effectiveness with which the provisional liquidator appears to be carrying out, or to have carried out, his duties; and\n(e) the value and nature of the property with which he has to deal.\n(3) Without prejudice to any order the court may make as to costs, the provisional liquidator's remuneration (whether the official receiver or another) shall be paid to him, and the amount of any expenses incurred by him (including the remuneration and expenses of any special manager appointed under Article 151) reimbursed—\n(a) if a winding-up order is not made, out of the property of the company, and\n(b) if a winding-up order is made, out of the assets, in the prescribed order of priority,\nor, in either case (the relevant funds being insufficient), out of the deposit under Rule 4.030.\n(4) Unless the court otherwise directs, in a case falling within paragraph (3)(a) the provisional liquidator may retain out of the company's property such sums or property as are or may be required for meeting his remuneration and expenses.\n(5) Where a person other than the official receiver has been appointed provisional liquidator, and the official receiver has taken any steps for the purpose of obtaining a statement of affairs or has performed any other duty under the Rules, he shall pay the official receiver such sum (if any) as the court may direct.\n[E.R.4.30]",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "substituted",
      "affecting": "nisr/2000/247",
      "affecting_title": "The Insolvency (Amendment) Rules (Northern Ireland) 2000"
    },
    {
      "type": "words inserted",
      "affecting": "nisr/2006/47",
      "affecting_title": "The Insolvency (Amendment) Rules (Northern Ireland) 2006"
    },
    {
      "type": "inserted",
      "affecting": "nisr/2008/118",
      "affecting_title": "The Insolvency (Amendment) Rules (Northern Ireland) 2008"
    },
    {
      "type": "text amended",
      "affecting": "nisr/2008/118",
      "affecting_title": "The Insolvency (Amendment) Rules (Northern Ireland) 2008"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied and text amended",
      "affecting": "nisr/2009/64",
      "affecting_title": "The Bank Insolvency Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied (with modifications)",
      "affecting": "nisr/2009/122",
      "affecting_title": "The Bank Insolvency (No. 2) Rules (Northern Ireland) 2009"
    },
    {
      "type": "word omitted",
      "affecting": "nisr/2023/15",
      "affecting_title": "The Insolvency (Amendment) Rules (Northern Ireland) 2023"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1991/364/rule/4.033",
    "retrieved_at": "2026-10-29T03:01:04.461259+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}