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The Insolvency (Northern Ireland) Order 1989
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Changes over time for: Section 349
Changes to legislation:
The Insolvency (Northern Ireland) Order 1989, Section 349 is up to date with all changes known to be in force on or before 18 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 349:
- Instrument amended by 1998 c. 11 s. 23 Sch. 5 Pt.1 Ch. 3 para. 40
- Instrument amended (prosp) by S.I. 1994/279 (N.I.) art. 26(1) Sch. 2 para. 15
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 9 Pt. 2 para. 66 revoked by 1996 c. 23 s. 107(2) Sch. 4 (Amendment could not be applied. The relevant affected text is not available on legislation.gov.uk)
- art. 2B inserted by 2016 c. 2 (N.I.) s. 2(1)
- art. 208ZA applied (with modifications) by S.I. 2021/716, reg. 37A (as inserted) by S.I. 2023/1399 reg. 12 (This amendment not applied to Legislation.gov.uk. S. 208ZA is inserted by the Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 1(1) which is currently prospective.)
- art. 208ZA-208ZB inserted by 2016 c. 2 (N.I.) s. 1(1)
- art. 208ZB applied (with modifications) by S.I. 2021/716, reg. 37A (as inserted) by S.I. 2023/1399 reg. 12 (This amendment not applied to Legislation.gov.uk. S. 208ZB is inserted by the Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 1(1) which is currently prospective.)
- art. 345A-345B inserted by 2016 c. 2 (N.I.) s. 1(2)
Persons not qualified to act as insolvency practitionersN.I.
349.—(1) A person who is not an individual is not qualified to act as an insolvency practitioner.
[F1(2) A person is not qualified to act as an insolvency practitioner at any time unless at that time the person is appropriately authorised under Article 349A of this Order.]
(3) A person is not qualified to act as an insolvency practitioner in relation to another person at any time unless—
(a)there is in force at that time security, and
(b)that security meets the prescribed requirements with respect to his so acting in relation to that other person.
(4) A person is not qualified to act as an insolvency practitioner at any time if at that time—
(a)he has been adjudged bankrupt [F2under this Order or the 1986 Act] or sequestration of his estate has been awarded and (in either case) he has not been discharged,
[F3(aa)a moratorium period under a debt relief order [F4under this Order or the 1986 Act] applies in relation to him,]
[F5(b)he is subject to a disqualification order made or a disqualification undertaking accepted under the Company Directors Disqualification Act 1986 or the Company Directors Disqualification (Northern Ireland) Order 2002, or]
(c)he is a patient within the meaning of Part VII of the Mental Health Act 1983F6, section 125(1) of the Mental Health (Scotland) Act 1984F7 or Part VIII of the Mental Health (Northern Ireland) Order 1986F8.
[F9(5) A person is not qualified to act as an insolvency practitioner while there is in force in respect of that person—
(a)a bankruptcy restrictions order under this Order, the 1986 Act or the Bankruptcy (Scotland) Act 1985 [F10or 2016], or
(b)a debt relief restrictions order under this Order or the 1986 Act.
(6) In this Article “the 1986 Act” means the Insolvency Act 1986.]
F1Art. 349(2) substituted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 14(2), 28(2); S.R. 2016/203, art. 2
F2Words in art. 349(4)(a) inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 116(2)(a), 164(1); S.I. 2015/1689, reg. 2(i) (with Sch. para. 14)
F3Art. 349(4)(aa) inserted (30.6.2011) by Debt Relief Act (Northern Ireland) 2010 (c. 16), ss. 6, 7(1), Sch. para. 4(9)(a); S.R. 2011/13, art. 2
F4Words in art. 349(4)(aa) inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 116(2)(b), 164(1); S.I. 2015/1689, reg. 2(i) (with Sch. para. 14)
F9Art. 349(5)(6) substituted for art. 349(5) (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 116(3), 164(1); S.I. 2015/1689, reg. 2(i) (with Sch. para. 14)
F10Words in art. 349(5)(a) inserted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 37(3)
Modifications etc. (not altering text)
C1Arts. 349-350T applied (with modifications) (4.1.2024) by S.I. 2021/716, reg. 37A (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 12)
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