Statutory Rule 2002 No. 334

Insolvency (Northern Ireland) Order 1989 (Amendment No. 2) Regulations (Northern Ireland) 2002

---

© Crown Copyright 2002

Statutory Rules of Northern Ireland printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Government Printer for Northern Ireland.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Rules of Northern Ireland does not extend to the Government Printer for Northern Ireland imprints which should be removed from any copies of the Statutory Rule which are issued or made available to the public. This includes reproduction of the Statutory Rule on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Rule which is published by the Government Printer for Northern Ireland has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the Insolvency (Northern Ireland) Order 1989 (Amendment No. 2) Regulations (Northern Ireland) 2002, ISBN 0 33794390 7. The print version may be purchased by clicking here. Braille copies of this Statutory Rule can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

" Proceedings under EC Regulation: modified definition of property
     2A. In the application of this Order to proceedings by virtue of Article 3 of the EC Regulation, a reference to property is a reference to property which may be dealt with in the proceedings.".

Amendment to Article 3
     5. After Article 3(5) (acting as an insolvency practitioner) add -

    " (6) Nothing in this Article applies to anything done (whether in the United Kingdom or elsewhere) in relation to insolvency proceedings under the EC Regulation in a member State other than the United Kingdom.".

Amendment to Article 6
     6. After Article 6(2) (meaning of "goes into liquidation") add -

    " (3) The reference to a resolution for voluntary winding up in paragraph (2) includes a resolution deemed to occur by virtue of an order made following conversion of a voluntary arrangement or administration into winding up under Article 37 of the EC Regulation.".

Amendment to Article 14
     7. After Article 14(3) (persons who may propose a voluntary arrangement) add -

    " (4) In this Part a reference to a company includes a reference to a company in relation to which a proposal for a voluntary arrangement may be made by virtue of Article 3 of the EC Regulation.".

Amendment to Article 21
     8. After Article 21(6) (power of High Court to make administration order) add -

    " (7) In this Part a reference to a company includes a reference to a company in relation to which an administration order may be made by virtue of Article 3 of the EC Regulation.".

Amendment to Article 104
     9. In Article 104(1) (application for winding up) after "contributory or contributories" insert -

" , or by a liquidator (within the meaning of Article 2(b) of the EC Regulation) appointed in proceedings by virtue of Article 3(1) of the EC Regulation or a temporary administrator (within the meaning of Article 38 of the EC Regulation)".

Amendment to Article 185
     10. In Article 185(3) (winding up of unregistered companies) at the end add -

" , except in accordance with the EC Regulation".

Amendment to Article 189
     11. In Article 189 (winding up of dissolved company incorporated outside Northern Ireland) (which becomes paragraph (1)) at end add -

    " (2) This Article is subject to the EC Regulation.".

Amendment to Article 204
     12. In Article 204(3) (relevant time for purpose of transaction at undervalue or preference) after sub-paragraph (a) (and before the word "and") insert -

" (aa) in a case where Article 202 or 203 applies by reason of a company going into liquidation following conversion of administration into winding up by virtue of Article 37 of the EC Regulation, the date of the presentation of the petition on which the administration order was made,".

Amendment to Article 238
     13. After Article 238(1)(b) (who may present a bankruptcy petition) insert -

" (ba) by a temporary administrator (within the meaning of Article 38 of the EC Regulation),

(bb) by a liquidator (within the meaning of Article 2(b) of the EC Regulation) appointed in proceedings by virtue of Article 3(1) of the EC Regulation,".

Amendment to Article 239
     14. After Article 239(2) (conditions to be satisfied in respect of debtor) add -

    " (3) This Article is subject to Article 3 of the EC Regulation.".

Amendment to Article 303
     15. After Article 303(5) (final distribution) insert -

    " (6) Paragraph (5) is subject to Article 35 of the EC Regulation (surplus in secondary proceedings to be transferred to main proceedings).".

Amendments to Article 347
     16. In Article 347(3) (relevant date in relation to preferential debts) -

(a) after sub-paragraph (a) insert -


" (aa) if the winding up is by the Court and the winding-up order was made following conversion of administration into winding up by virtue of Article 37 of the EC Regulation, the relevant date is the date of the making of the administration order;

(ab) if the company is deemed to have passed a resolution for voluntary winding up by virtue of an order following conversion of administration into winding up under Article 37 of the EC Regulation, the relevant date is the date of the making of the administration order;",



(b) in sub-paragraph (b) after "sub-paragraph (a)" insert ", (aa) or (ab)", and

(c) in sub-paragraph (c) for "either sub-paragraph (a) or (b)" substitute -

" sub-paragraph (a), (aa), (ab) or (b)".

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on


5th November 2002.

L.S.

Michael J. Bohill
A Senior Officer of the Department of Enterprise, Trade and Investment

[2] 1972 c. 68back

[3] S.I. 1989/2405 (N.I. 19); Article 3(3) was modified by the Insolvent Partnerships Order (Northern Ireland) 1995, (S.R. 1995 No. 225), Article 14; Article 21 was amended by the Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001, (S.I. 2001/3649); Article 104(1) was amended by the Criminal Justice (Northern Ireland) Order 1994, (S.I. 1994/2795 (N.I. 15)), Article 26(1) and Schedule 2, paragraph 16; Article 104(5) was amended by the Companies (No. 2) (Northern Ireland) Order 1990, (S.I. 1990/1504 (N.I. 10)) Article 8; Articles 359, 364 and 365 were amended, and the definition of "EC Regulation" was inserted in Article 2 by the Insolvency (Northern Ireland) Order 1989 (Amendment) Regulations (Northern Ireland) 2002, (S.R. 2002 No. 223)back

[4] 1954 c. 33 (N.I.)back