The Insolvency (Northern Ireland) Order 1989

The Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)

62.  In Schedule 4—

(a)in paragraph 31—

(i)in sub-paragraph (5)(a) for “Article 25 of the Bankruptcy Amendment (Northern Ireland) Order 1980” substitute “Article 160(2) or, as the case may be, Article 300(4) of the Insolvency (Northern Ireland) Order 1989”;

(ii)in sub-paragraph (8) in the definition of “the commencement of an insolvency” in head (c) after “Wales” insert “or in Northern Ireland”;

(b)in paragraph 33—

(i)in sub-paragraph (3) for the words from “Bankruptcy Acts” onwards substitute “Insolvency (Northern Ireland) Order 1989”;

(ii)for sub-paragraph (4)(b) substitute—

“(b)any question whether a person is acting as an insolvency practitioner in Northern Ireland shall be determined in accordance with Article 3 of the Insolvency (Northern Ireland) Order 1989, except that—

(i)paragraph (5) shall be disregarded; and

(ii)the expression shall also include the official receiver acting as receiver or manager of property.”;

(c)in paragraph 34 at the end of sub-paragraph (6) insert—

“(7) In the application of this paragraph to Northern Ireland—

(a)for any reference to the Secretary of State there is substituted a reference to the Department of Economic Development in Northern Ireland;

(b)in sub-paragraph (1) for the words “any part of the United Kingdom” and the words “that or any other part of the United Kingdom” there is substituted the words “Northern Ireland”;

(c)for sub-paragraph (4) there is substituted the following sub-paragraph—

“(4) An order made under this paragraph by the Department of Economic Development in Northern Ireland shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.”;

(d)in paragraph 35(1) in the definition of “qualifying insolvency proceedings”—

(i)in head (a) for “Companies (Northern Ireland) Order 1986” substitute “Insolvency (Northern Ireland) Order 1989” and for “Part XX” substitute “Part V”;

(ii)in head (b) after “Wales” insert “or in Northern Ireland” and after “1986 Act” insert “or Article 364 of the Insolvency (Northern Ireland) Order 1989”;

(iii)in head (d) after “Wales” insert “or in Northern Ireland” and after “1986 Act” insert “or Article 365 of the Insolvency (Northern Ireland) Order 1989”.”