Explanatory note

This Order amends the Insolvent Partnerships Order (Northern Ireland) 1995 (S.R. 1995 No. 225) by:

• substituting references to the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4)) (“the CDDO”) into the Arrangement of Articles, Articles 3 and 18 and Schedules 3 and 4;

• substituting a new Article 16. The new Article applies Articles 3, 4, 9–14, 18, 19, 21 and 23 of the CDDO to insolvent partnerships. This will allow the Department of Enterprise, Trade and Investment (“the Department”) to accept a disqualification undertaking from a person who is or has been an officer of a partnership where an insolvent partnership is wound up as an unregistered company;

• substituting a new Schedule 8. The new Schedule:

  • will allow the Department to accept a disqualification undertaking if the conditions mentioned in Article 10(1) of the CDDO are satisfied;

  • will allow the Department to accept disqualification undertakings under Article 11 of the CDDO;

  • provides that the Department, when determining whether it may accept a disqualification undertaking, must have regard to the matters in Schedule 1 to the CDDO; and

  • modifies Articles 18, 19 and 21 of the CDDO in their application to insolvent partnerships; and

• substituting a new Schedule 10.