The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016

after subsection (3) insert—

“(3ZA)

A person in relation to whom a moratorium period under a debt relief order applies shall not be capable of being appointed a justice of the peace.”;

in subsection (3A) after “bankruptcy restrictions order” insert “or who is subject to a debt relief restrictions order”.

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 “bankruptcy restrictions order” insert “ or he is a person in relation to whom a moratorium period under a debt relief order applies or becomes subject to a debt relief restrictions order”.

In subsection (2)(a) of section 33 (transfer of licences), after “bankruptcy restrictions order” insert “or has had a debt relief order made in respect of him, or becomes subject to a debt relief 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), after paragraph (l) insert—

“(m)

where a debt relief order has been made in respect of him and at the end of the moratorium period applicable to the order he has been discharged from all the qualifying debts specified in the order; or

(n)

where he has been the subject of a debt relief restrictions order.”.

In Article 15(1) (suspension of practising certificate), after “bankruptcy restrictions order” insert “or the making of a debt relief order in respect of him or his becoming the subject of a debt relief restrictions order,”.

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

In the cross-heading before Article 21A, after “bankruptcy restrictions order” insert “or subject to a debt relief restrictions order”.

In Article 21A (solicitor practising whilst subject to a bankruptcy restrictions order)—

After Article 21A, insert—

“Solicitor practising within the moratorium period which follows the making of a debt relief order

21B.

If a solicitor continues to practise as a solicitor while a moratorium period under a debt relief order applies to him 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”.

In Article 29(1) (employment by solicitor of persons whose names have been struck off the roll etc.), after “bankruptcy restrictions order” insert “or a moratorium period under a debt relief order applies to him or he is the subject of a debt relief restrictions order”.

In Article 30 (failure to disclose name having been struck off the roll etc.), after “bankruptcy restrictions order” insert “or a moratorium period under a debt relief order applies to him or he is the subject of a debt relief restrictions order”.

In Article 36(2)(a) (powers of Council to deal with property in control of certain solicitors and other persons), after “bankruptcy restrictions order” insert “or has a debt relief order made in respect of him or becomes the subject of a debt relief restrictions order”.

In Article 41(3)(a) (extension of Bankruptcy Acts etc), after “bankrupt restrictions order” insert “or a debt relief order has been made in respect of him or he is the subject of a debt relief restrictions order”.

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

In section 172(6) (extent), after “paragraph 5(bb)” insert “, 5(bc) and 5(bd)”.

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

“(bc)

debt relief order (under Part 7A of the Insolvency (Northern Ireland) Order 1989) has been made in respect of him;

(bd)

he has become the subject of a debt relief restrictions order (under Part 7A of the Insolvency (Northern Ireland) Order 1989);”.

The Pensions (Northern Ireland) Order 1995^f1 is amended as follows.

In Article 4 (suspension orders)—

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

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

In paragraph 5(2)(e) of Schedule 3A (Northern Ireland Judicial Appointments Ombudsman) after “bankruptcy restrictions order” insert “, or a person in relation to whom a moratorium period under a debt relief order applies, or is the subject of a debt relief restrictions order”.

In paragraph 1(4)(c) of Schedule 8 (Chief Inspector of Criminal Justice) after “bankruptcy restrictions order” insert “, or a debt relief order has been made in respect of him or he is the subject of a debt relief restrictions order”.

In paragraph 1(4)(c) of Schedule 9 (Law Commissioners) after “bankruptcy restrictions order” insert “ or a debt relief order has been made in respect of him or he is the subject of a debt relief 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), for Part 7A of the Insolvency Act 1986) substitute “Part 7A of the Insolvency (Northern Ireland) Order 1989, or Part 7A of the Insolvency Act 1986), or is the subject of a debt relief restrictions order”.

In paragraph 20, after the definition of “bankruptcy restrictions order” insert—

• ““debt relief order” means an order made by the Official Receiver under Part 7A of the Insolvency (Northern Ireland) Order 1989, or Part 7A of the Insolvency Act 1986;”.

after “bankruptcy restrictions order” insert “or has had a debt relief order made against him or is subject to a debt relief restrictions order”,”;

for the words “or made” substitute “or has made”.

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

In paragraph 8(1)(d) of Schedule 1 (policing and community safety partnerships)—

In paragraph 8(1)(d) of Schedule 2 (district policing and community safety partnerships)—

The Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993^f1 are amended as follows.

In regulation 2 (interpretation), after the definition of “the Council” insert—

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

In Schedule 8 (dental committee), after paragraph 6(b) insert—

“(bc)

is the subject of a debt relief restrictions order, or”.

The Health and Social Services Trusts (membership and procedure) Regulations (Northern Ireland) 1994^f1 are amended as follows.

In regulation 1(2) (citation, commencement and interpretation), after the definition of “bankruptcy restrictions order” insert—

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

In regulation 11 (disqualification for appointment of chairman and non-executive directors), after sub-paragraph (1)(b) insert—

“(ba)

he is the subject of a debt relief restrictions order, or”

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

In regulation 1(2) (citation, commencement and interpretation) after the definition of “the Council” insert—

• ““debt relief order” means an order made by the Official Receiver under Part 7A of the Insolvency (Northern Ireland) Order 1989, or Part 7A of the Insolvency Act 1986;

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

In regulation 2(b) (removal from office of a member of the Council) after “bankrupt” insert “or he is a person in relation to whom a moratorium period under a debt relief order applies”.

In regulation 2(ba) (removal from office of a member of the Council) after “order” insert “or he is the subject of a debt relief restrictions order”.

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

In regulation 2(1) (interpretation) after the definition of “child” insert—

• ““debt relief order” means an order made by the Official Receiver under Part 7A of the Insolvency (Northern Ireland) Order 1989, or Part 7A of the Insolvency Act 1986;

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

In paragraph 6(b) of Schedule 5 (pharmaceutical committee) after “bankruptcy restrictions order” insert “or has had a debt relief order made in respect of him or is the subject of a debt relief restrictions order”.

The Northern Ireland Social Care Council (Appointments and Procedure) Regulations (Northern Ireland) 2001^f1 are amended as follows.

In regulation 1(2) (citation, commencement and interpretation), after the definition of “bankruptcy restrictions order” insert—

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

In regulation 4(1) (disqualification for appointment) after sub-paragraph (b), insert—

“(ba)

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

In regulation 6(6) (termination of tenure of office of chairman and members) after “bankruptcy restrictions order” insert “or a debt relief restrictions order”.

The Northern Ireland Practice and Education Council for Nursing and Midwifery (Appointments and Procedure) Regulations (Northern Ireland) 2002^f1 are amended as follows.

In regulation 1(2) (citation, commencement and interpretation), after the definition of “ bankruptcy restrictions order ” insert—

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

In regulation 4(1) (disqualification for appointment) after sub-paragraph (b), insert—

“(ba)

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

In regulation 6(6) (termination of tenure of office of chairman and members) after “bankruptcy restrictions order” insert “or a debt relief restrictions order”.

The Regulation and Improvement Authority (appointments and procedure) Regulations (Northern Ireland) 2004^f1 are amended as follows.

In regulation 1(2) (citation, commencement and interpretation), after the definition of “the chairman” insert—

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

In regulation 4(1) (disqualification for appointment) after sub-paragraph (b), insert—

“(ba)

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

In regulation 6(6) (termination of tenure of office of chairman and members) after “bankruptcy restrictions order” insert “or a debt relief 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 chairman” insert—

• ““debt relief order” means an order made by the Official Receiver under Part 7A of the Insolvency (Northern Ireland) Order 1989, or Part 7A of the Insolvency Act 1986;

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

After Article 5(1)(ba) (disqualification for appointment) insert—

“(bb)

a person who has had a debt relief order made in respect of him;

(bc)

a person who is subject to a debt relief restrictions order;”.

After Article 5(4) (disqualification for appointment) insert—

“(4A)

Where a person is disqualified under paragraph (1)(bb) by reason of his having had a debt relief order made in respect of him the disqualification shall cease if the individual is discharged from all the qualifying debts specified under a debt relief order at the end of the moratorium period applicable to the order.”.

The Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004^f1 are amended as follows.

In regulation 5(2) (general conditions relating to all contracts)–

In paragraph 105(2)(j)(ii) of Schedule 5 (other contractual terms)–

In paragraph (i) after “discharged” insert “or he is a person in relation to whom a moratorium period under a debt relief order applies”; and

In sub-paragraph (ia) after “1986” insert “or he is the subject of a debt relief restrictions order under Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989 or Schedule 4ZB to the Insolvency Act 1986”.

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

In regulation 2(1) (interpretation) after the definition of “bankruptcy restrictions order” insert—

• ““debt relief restrictions order” means an order made under Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989 or Schedule 4ZB 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 “bankruptcy restrictions order” insert “or has had a debt relief order made in respect of him or is the subject of a debt relief restrictions order”.

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

In regulation 2(1) (interpretation) after the definition of “clinical trial” insert—

• ““debt relief order” means an order made by the Official Receiver under Part 7A of the Insolvency (Northern Ireland) Order 1989, or Part 7A of the Insolvency Act 1986;

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

In regulation 7 (fitness of registered provider) after sub-paragraph (4)(ab) insert——

“(ac)

he is a person in relation to whom a moratorium period under a debt relief order applies or he is the subject of a debt relief restrictions order; or”.

In regulation 32, after paragraph (f) insert—

“(fa)

where the registered provider is an individual, a debt relief order is made in respect of him; or”.

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

In regulation 2(1) (interpretation) after “clinical trial” insert—

• ““debt relief order” means an order made by the Official Receiver under Part 7A of the Insolvency (Northern Ireland) Order 1989,or Part 7A of the Insolvency Act 1986;

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

In regulation 7 (fitness of registered provider) after paragraph (4)(aa) insert—

“(ab)

he is a person in relation to whom a moratorium period under a debt relief order applies or he is the subject of a debt relief restrictions order ; or”.

In regulation 32, after paragraph (f) insert—

“(fa)

where the registered provider is an individual, a debt relief order is made in respect of him;”.

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

In regulation 2(1) (interpretation) after the definition of “bankruptcy restrictions order” insert—

• ““debt relief order” means an order made by the Official Receiver under Part 7A of the Insolvency (Northern Ireland) Order 1989, or Part 7A of the Insolvency Act 1986;

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

In regulation 10 (fitness of registered person provider) after sub-paragraph (4)(ab) insert—

“(ac)

he is a person in relation to whom a moratorium period under a debt relief order applies or he is the subject of a debt relief restrictions order ; or”.

In regulation 30(notice of change), after paragraph (f) insert—

“(fa)

where the registered provider is an individual, a debt relief order is made in respect of him;”.

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

In regulation 2(1) (interpretation) after the definition of “bankruptcy restrictions order” insert—

• ““debt relief order” means an order made by the Official Receiver under Part 7A of the Insolvency (Northern Ireland) Order 1989, or Part 7A of the Insolvency Act 1986;

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

In regulation 7 (Fitness of registered provider) after sub-paragraph (4)(ab) insert —

“(ac)

he is a person in relation to whom a moratorium period under a debt relief order applies or he is the subject of a debt relief restrictions order ; or”.

In regulation 24(notice of changes), after paragraph (f) insert—

“(fa)

where the registered provider is an individual, a debt relief order is made in respect of him;”.

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

In regulation 2(1) iInterpretation) after the definition of “the Commission” insert—

• ““debt relief order” means an order made by the Official Receiver under Part 7A of the Insolvency (Northern Ireland) Order 1989, or Part 7A of the Insolvency Act 1986;

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

In regulation 6 (Fitness of registered provider) after sub-paragraph (4)(aa) insert—

“(ac)

he is a person in relation to whom a moratorium period under a debt relief order applies or he is the subject of a debt relief restrictions order ; or”.

In regulation 37(notice of hanges), after paragraph (f) insert—

“(fa)

where the registered provider is an individual, a debt relief order is made in respect of him;”.

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

In regulation 2(1) (interpretation) after the definition of “complaints procedure” insert—

• ““debt relief order” means an order made by the Official Receiver under Part 7A of the Insolvency (Northern Ireland) Order 1989, or Part 7A of the Insolvency Act 1986;

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

In regulation 7 (fitness of registered provider) after sub-paragraph (4)(ab) insert—

“(ac)

he is a person in relation to whom a moratorium period under a debt relief order applies or he is the subject of a debt relief restrictions order ; or”.

In regulation 35(notice of changes), after paragraph (l)(g) insert—

“(ga)

where the registered provider is an individual, a debt relief order is made in respect of him;”.

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

In regulation 2(1) (interpretation) after the definition of “bankruptcy restrictions order” insert—

• ““debt relief order” means an order made by the Official Receiver under Part 7A of the Insolvency (Northern Ireland) Order 1989, or Part 7A of the Insolvency Act 1986;

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

In regulation 8 (fitness of registered provider) after sub-paragraph (4)(ab) insert—

“(ac)

he is a person in relation to whom a moratorium period under a debt relief order applies or he is the subject of a debt relief restrictions order ; or”.

In regulation 31(notice of changes), after paragraph (f) insert—

“(fa)

where the registered provider is an individual, a debt relief order is made in respect of him;”.

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

In regulation 2(1) (interpretation) after the definition of “bankruptcy restrictions order” insert—

• ““debt relief order” means an order made by the Official Receiver under Part 7A of the Insolvency (Northern Ireland) Order 1989, or Part 7A of the Insolvency Act 1986;

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

In regulation 8 (fitness of registered provider) after sub-paragraph (4)(ab) insert—

“(ac)

he is a person in relation to whom a moratorium period under a debt relief order applies or he is the subject of a debt relief restrictions order ; or”.

In regulation 28(notice of changes), after paragraph (f) insert—

“(fa)

where the registered provider is an individual, a debt relief order is made in respect of him;”.

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

In regulation 2(1) (interpretation) after the definition of “child protection enquiry” insert—

• ““debt relief order” means an order made by the Official Receiver under Part 7A of the Insolvency (Northern Ireland) Order 1989, or Part 7A of the Insolvency Act 1986;

• “debt relief restrictions order” means an order made under Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989, or Schedule 4ZB to the Insolvency Act 1989;”.

In regulation 7 (fitness of registered provider) after sub-paragraph (4)(ab) insert—

“(ac)

he is a person in relation to whom a moratorium period under a debt relief order applies or he is the subject of a debt relief restrictions order ; or”.

In regulation 32(notice of changes), after paragraph (f) insert—

“(fa)

where the registered provider is an individual, a debt relief order is made in respect of him;”.

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

In regulation 2 (interpretation) after the definition of “day care settings” insert—

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

In paragraph 6(a) of Schedule 2 (constitution of ophthalmic committee) after “bankruptcy restrictions order” insert “or a debt relief restrictions order”.

The Regional Agency for Public Health and Social Well-being (Membership) Regulations (Northern Ireland) 2009^f1 are amended as follows.

In regulation 1(2) (citation, commencement and interpretation) after the definition of “charity trustee” insert—

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

In regulation 4(1)(c) (disqualification for appointment) after “order” insert “or he is the subject of a debt relief restrictions order”.

The Regional Health and Social Care Board (Membership) Regulations (Northern Ireland) 2009^f1 are amended as follows.

In regulation 1(2) (citation, commencement and interpretation) after the definition of “charity trustee” insert—

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

In regulation 4(1)(c) (disqualification for appointment) after “order” insert “or he is the subject of a debt relief restrictions order”.

The Regional Business Services Organisation (Membership and Procedure) Regulations (Northern Ireland) 2009^f1 are amended as follows.

In regulation 1(2) (citation, commencement and interpretation) after the definition of “charity trustee” insert—

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

In regulation 4(1)(c) (disqualification for appointment) after “order” insert “or he is the subject of a debt relief restrictions order”.

The Patient and Client Council (Membership and Procedure) Regulations (Northern Ireland) 2009^f1 are amended as follows.

In regulation 1(2) (citation, commencement and interpretation) after the definition of “charity trustee” insert—

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

In regulation 3(1)(c) (disqualification for appointment) after “order” insert “or he is the subject of a debt relief restrictions order”.

The Local Commissioning Groups (Membership) Regulations (Northern Ireland) 2009^f1 are amended as follows.

In regulation 1(2) (citation, commencement and interpretation) after the definition of “charity trustee” insert—

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

In regulation 4(1)(c) (disqualification for appointment) after “order” insert “or he is the subject of a debt relief restrictions order”.

The Safeguarding Board for Northern Ireland (Membership, Procedure, Functions and Committee) Regulations (Northern Ireland) 2012^f1 are amended as follows.

In regulation 2 (interpretation) after the definition of “charity trustee” insert—

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

In regulation 5(1)(c) (disqualification for appointment) after “order” insert “or is the subject of a debt relief restrictions order”.

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

In regulation 2 (interpretation) after “bankruptcy restrictions order” insert—

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

In regulation 3 (appointment of scheme administrator) after paragraph 3(2)(b) insert—

“(ac)

he is a person in relation to whom a moratorium period under a debt relief order applies or he is the subject of a debt relief restrictions order ; or”.