The Insolvency (Northern Ireland) Order 2005 (Consequential Amendments) Order (Northern Ireland) 2015

The Magistrates’ Courts Act (Northern Ireland) 1964^f1 is amended as follows.

In section 6 (Persons disqualified for acting as justices).

The Transport Act (Northern Ireland) 1967^f1 is amended as follows.

In subsection (1A)(b)(ii) of section 7 (Conditions of road service licences), after “bankrupt” insert “or becomes subject to a bankruptcy restrictions order”.

In subsection (2)(a) of section 33 (Transfer of licences), after “1989” insert “or becomes subject to a bankruptcy restrictions order”.

The Solicitors (Northern Ireland) Order 1976^f1 is amended as follows.

In Article 13(1) (Discretion of registrar to refuse certificate in special cases) at the end of paragraph (k) insert—

“(l)

where he has been the subject of a bankruptcy restrictions order; or”.

In Article 15(1) (Suspension of practising certificate) after “bankruptcy of a solicitor” insert “or his becoming the subject of a bankruptcy restrictions order”.

In Article 16 (Duration of suspension of practising certificate)—

After Article 21, insert—

“Solicitor practising whilst subject to a bankruptcy restrictions order

21A.

If a solicitor continues to practise as a solicitor while subject to a bankruptcy restrictions order and without having had the suspension of his practising certificate terminated under Article 16(4) or (7) or, if his practising certificate has effect subject to terms and conditions by virtue of a direction under Article 16(4)(c) or (7), without complying with those terms or conditions,

he shall be guilty of an offence and shall be liable, on conviction on indictment, to imprisonment for a term not exceeding two years [and/or an unlimited fine].”.

In Article 29(1) (Employment by solicitor of persons whose names have been struck off the roll etc.) after “bankrupt” insert “or the subject of a bankruptcy restrictions order”.

In Article 30 (Failure to disclose name having been struck off the roll etc.) after “bankrupt” insert “or is the subject of a bankruptcy restrictions order”.

In Article 36(2)(a) (Powers of Council to deal with property in control of certain solicitors and other persons) after “bankrupt” insert “or becomes the subject of a bankruptcy restrictions order”.

In Article 41(3)(a) (Extension of Bankruptcy Acts etc) after “bankrupt” insert “or is the subject of a bankruptcy restrictions order”.

The Criminal Justice Act 1988^f1 is amended as follows.

In section 172(6) (Extent) after “168” insert “and paragraph 5(bb) of Schedule 12”

In Schedule 12 (Assessors of compensation for miscarriages of justice), after paragraph 5(ba) insert—

“(bb)

he has become the subject of a bankruptcy restrictions order under Schedule 2A to the Insolvency (Northern Ireland) Order 1989”.

The Justice (Northern Ireland) Act 2002^f1 is amended as follows.

In section 9 (Lay magistrates)—

In paragraph 2(4)(c) of Schedule 2 (Judicial Appointments Commission), after “against him” insert “or he has become the subject of a bankruptcy restrictions order”.

In paragraph 5(2)(e) of Schedule 3A (The Northern Ireland Judicial Appointments Ombudsman) after “bankrupt” insert “or is the subject of a bankruptcy restrictions order”.

In paragraph 1(4)(c) of Schedule 8 (Chief Inspector of Criminal Justice) after “against him” insert “or he has become the subject of a bankruptcy restrictions order”.

In paragraph 1(4)(c) of Schedule 9 (Law Commission) after “against him” insert “or he has become the subject of a bankruptcy restrictions order”.

Schedule 1 (The Northern Ireland Fire and Rescue Service Board) to the Fire and Rescue Services (Northern Ireland) Order 2006^f1 is amended as follows.

In paragraph 3(4)(b) (non-executive member of the board)—

In paragraph 20 at the beginning insert—

• “”bankruptcy restrictions order” means an order made under Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or Schedule 4A to the Insolvency Act 1986”.

The Justice Act (Northern Ireland) 2011^f1 is amended as follows.

In paragraph 8(1)(d) of Schedule 1 (Policing and Community Safety Partnerships) after “bankrupt” insert “or P is the subject of a bankruptcy restrictions order”.

In paragraph 8(1)(d) of Schedule 2 (District Policing and Community Safety Partnerships) after “bankrupt” insert “or P is the subject of a bankruptcy restrictions order”.

The Northern Ireland Disability Council Regulations (Northern Ireland) 1997^f1 are amended as follows.

In Regulation 1(2) (Citation, commencement and interpretation) at the beginning insert—

• “bankruptcy restrictions order” means an order made under Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or Schedule 4A to the Insolvency Act 1986;”.

In Regulation 2 (Removal from office of a member of the Council) after paragraph (b) insert—

“(ba)

he is the subject of a bankruptcy restrictions order; and”.

The Pharmaceutical Services Regulations (Northern Ireland) 1997^f1 are amended as follows.

In Regulation 2(1) (Interpretation) after the definition of “appropriate non-proprietary name” insert—

• ““bankruptcy restrictions order” means an order made under Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or Schedule 4A to the Insolvency Act 1986;”

In paragraph 6(b) of Schedule 5 (Pharmaceutical committee) after “bankrupt” insert “or is the subject of a bankruptcy restrictions order”.

The Northern Ireland Medical and Dental Training Agency (Establishment and Constitution) Order (Northern Ireland) 2004^f1 is amended as follows.

In Article 1(2) (Citation, commencement and interpretation) after the definition of “the Agency” insert—

• ““bankruptcy restrictions order” means an order made under Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or Schedule 4A to the Insolvency Act 1986;”.

In Article 5 (Disqualification for appointment) after paragraph (1)(b) insert —

“(ba)

a person who is the subject of a bankruptcy restrictions order;”.

The Lay Magistrates (Eligibility) (Northern Ireland) Order 2004^f1 is amended as follows.

In Article 2 (Eligibility of persons for appointment as Lay Magistrates)—

The Regulation and Improvement Authority (Registration) Regulations (Northern Ireland) 2005^f1 are amended as follows.

In Regulation 2(1) (Interpretation) after the definition of “applicant” insert—

• ““bankruptcy restrictions order” means an order made under Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or Schedule 4A to the Insolvency Act 1986;”.

In paragraph 4(b) of Schedule 1 (Information to be supplied on an application for registration as a person who carries on an establishment or agency) after “bankrupt” insert “or is the subject of a bankruptcy restrictions order”.

The Nursing Homes Regulations (Northern Ireland) 2005^f1 are amended as follows.

In Regulation 2(1) (Interpretation) at the beginning insert—

• ““bankruptcy restrictions order” means an order made under Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or Schedule 4A to the Insolvency Act 1986;”.

In Regulation 7 (Fitness of registered provider) after paragraph (4)(a) insert——

“(ab)

he is the subject of a bankruptcy restrictions order; or”.

The Residential Care Homes Regulations (Northern Ireland) 2005^f1 are amended as follows.

In Regulation 2(1) (Interpretation) at the beginning insert—

• ““bankruptcy restrictions order” means an order made under Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or Schedule 4A to the Insolvency Act 1986;”.

In Regulation 7 (Fitness of registered provider) after paragraph (4)(a) insert—

“(ab)

he is the subject of a bankruptcy restrictions order; or”.

The Independent Health Care Regulations (Northern Ireland) 2005^f1 are amended as follows.

In Regulation 2(1) (Interpretation) after the definition of “agency” insert—

• ““bankruptcy restrictions order” means an order made under Schedule 2A of the Insolvency (Northern Ireland) Order 1989 or Schedule 4A of the Insolvency Act 1986;”.

In Regulation 10 (Fitness of registered person provider) after paragraph (4)(a) insert—

“(ab)

he is the subject of a bankruptcy restrictions order; or”.

The Nursing Agencies Regulations (Northern Ireland) 2005^f1 are amended as follows.

In Regulation 2(1) (Interpretation) after the definition of“agency” insert—

• ““bankruptcy restrictions order” means an order made under Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or Schedule 4A to the Insolvency Act 1986;”.

In Regulation 7 (Fitness of registered provider) after paragraph (4)(a) insert —

“(ab)

he is the subject of a bankruptcy restrictions order; or”.

The Children’s Homes Regulations (Northern Ireland) 2005^f1 are amended as follows.

In Regulation 2(1) (Interpretation) after the definition of “the Children Order” insert—

• ““bankruptcy restrictions order” means an order made under Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or Schedule 4A to the Insolvency Act 1986;”.

In Regulation 6 (Fitness of registered provider) after paragraph (4)(a) insert—

“(ab)

he is the subject of a bankruptcy restrictions order;”.

The Adult Placement Agencies Regulations (Northern Ireland) 2007^f1 are amended as follows.

In Regulation 2(1) (Interpretation) after the definition of “approval panel” insert—

• ““bankruptcy restrictions order” means an order made under Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or Schedule 4A to the Insolvency Act 1986;”.

In Regulation 7 (Fitness of registered provider) after paragraph (4)(a) insert—

“(ab)

he is the subject of a bankruptcy restrictions order; or”.

The Day Care Setting Regulations (Northern Ireland) 2007^f1 are amended as follows.

In Regulation 2(1) (Interpretation) after the definition of “the Order” insert—

• ““bankruptcy restrictions order” means an order made under Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or Schedule 4A to the Insolvency Act 1986;”.

In Regulation 8 (Fitness of registered provider) after paragraph (4)(a) insert—

“(ab)

he is the subject of a bankruptcy restrictions order; or”.

The Domiciliary Care Agencies Regulations (Northern Ireland) 2007^f1 are amended as follows.

In Regulation 2(1) (Interpretation) after the definition of “agency premises” insert—

• ““bankruptcy restrictions order” means an order made under Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or Schedule 4A to the Insolvency Act 1986;”.

In Regulation 8 (Fitness of registered provider) after paragraph (4)(a) insert—

“(ab)

he is the subject of a bankruptcy restrictions order; or”.

The Residential Family Centres Regulations (Northern Ireland) 2007^f1 are amended as follows.

In Regulation 2(1) (Interpretation) at the beginning insert—

• ““bankruptcy restrictions order” means an order made under Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or Schedule 4A to the Insolvency Act 1986;”.

In Regulation 7 (Fitness of registered provider) after paragraph (4)(a) insert—

“(ab)

he is the subject of a bankruptcy restrictions order; or”.

The General Ophthalmic Services Regulations (Northern Ireland) 2007^f1 are amended as follows.

In Regulation 2 (Interpretation) after the definition of “authority” insert—

• ““bankruptcy restrictions order” means an order made under Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or Schedule 4A to the Insolvency Act 1986;”.

For paragraph 6(b) of Schedule 2 (Constitution of ophthalmic committee) substitute—

“(ab)

has become the subject of a bankruptcy restrictions order; or”.

The Tenancy Deposit Schemes Regulations (Northern Ireland) 2012^f1 are amended as follows.

In Regulation 2 (Interpretation) after “approved tenancy deposit scheme” insert—

• “bankruptcy restrictions order” means an order made under Schedule 2A of the Insolvency (Northern Ireland) Order 1989 or Schedule 4A of the Insolvency Act 1986;”.

In Regulation 3(2)(b) (Appointment of Scheme Administrator) after “bankrupt” insert “or is the subject of a bankruptcy restrictions order”.