PART XIIIN.I.PUBLIC ADMINISTRATION

Insolvency rulesN.I.

Insolvency rulesN.I.

F1F2F3[[[359.—(1) The [F4Department of Justice] may, with the concurrence of the Department and after consultation with the committee appointed under Article 360, make rules for the purpose of giving effect to this Order [F5 or the [F6EU Regulation]].

[F7(1A) Rules that affect court procedure may be made under paragraph (1) only with the concurrence of the Lord Chief Justice.

(1B) The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph (1A)—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).]

(2) Without prejudice to the generality of paragraph (1), or to any provision of this Order by virtue of which rules under this Article may be made with respect to any matter, rules under this Article may contain—

(a)any such provision as is specified in Schedule 5 or corresponds to provision contained immediately before the coming into operation of this Order in rules made, or having effect as if made under Article 613(1) and (2) of [F8the Companies (Northern Ireland) Order 1986] (old winding‐up rules), and

(b)F9 any such provision as is specified in Schedule 6 or corresponds to provision contained immediately before the coming into operation of this Order in rules made under Article 33(1) and (2) of the Bankruptcy Amendment (Northern Ireland) Order 1980F10 (old bankruptcy rules), and

(c)provision for enabling the Master (Bankruptcy) to exercise such of the jurisdiction conferred for the purposes of this Order on the High Court as may be prescribed and for enabling the review of any such jurisdiction, and

(d)such incidental, supplemental and transitional provision as may appear to the [F11Department of Justice] or, as the case may be, the Department necessary or expedient.

[F5(2A) F9 For the purposes of paragraph (2), a reference in Schedule 5 or Schedule 6 to doing anything under or for the purposes of a provision of this Order includes a reference to doing anything under or for the purposes of the [F12EU Regulation] (in so far as the provision of this Order relates to a matter to which the [F12EU Regulation] applies).

(2B) Rules under this Article for the purpose of giving effect to the [F13EU Regulation] may not create [F14a new relevant offence (see Article 366A)].]

(3) In Schedule 5 “liquidator” includes a provisional liquidator; and references in this Article to this Order are to be read as including [F15the Companies Acts] so far as relating to, and to matters connected with or arising out of, the insolvency or winding up of companies.

(4) Rules under this Article shall be subject to [F16 negative resolution].

(5) Regulations made by the Department under a power conferred by rules under this Article shall be subject to affirmative resolution.

(6) Nothing in this Article prejudices any power to make rules of court.]]]