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Article 92A Fines imposed on companiesF1C1

Northern Ireland

(1)

Where—

(a)

a magistrates' court has, or is treated by any statutory provision as having, adjudged a company by a conviction to pay a sum; and

(b)

the court has issued a warrant of distress under Article 92(1)(a) for the purpose of levying the sum; and

(c)

it appears on the return to the warrant that the money and goods of the company are insufficient to satisfy the sum with the costs and charges of levying the same,

the clerk of petty sessions may make an application in relation to the company underF2Article 104 of, or paragraph 13 of Schedule B1 to, the Insolvency (Northern Ireland) Order 1989 (winding up or administration).

F3(1A)

In a case where there is a collection order, the power to make the application referred to in paragraph (1) is instead exercisable by the collection officer responsible for securing compliance with the order.

Annotations

Textual amendments

F1

1994 NI 15

F2

Words in art. 92A(1) substituted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 3(3), Sch. 2 para. 11; S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2-7)

F3

Art. 92A(1A) inserted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), s. 61(2), Sch. 2 para. 3(4); S.R. 2018/99, art. 2(c)

Modifications

C1

Art. 92A applied (with modifications) (8.2.2011) by Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), regs. 1, 8(7), 9, 15, 16-21, 24-26, Schs. 1-5

Notes on Part IX

Modifications

C1

Pt. IX (arts. 91-117) applied (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 88(6)(7), 153(4)(d); S.I. 2009/2606, art. 2(i)