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Insolvency (Amendment) Act (Northern Ireland) 2026

Type Act of the Northern Ireland Assembly

Publication 2026-06-24

Last updated 2026-06-30

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Final distribution

83

In Article 303 (final distribution), after paragraph (1) insert—

(1A) A notice under paragraph (1)(b) need not be given to opted-out creditors.

Final meeting

84

(1) Article 304 (final meeting) is amended as follows.

(2) In paragraph (1)—

(a) omit the words from “Subject to” to “Article 305,”;

(b) at the end (but on a new line), insert “but this is subject to Article 305.”.

(3) For paragraph (2) substitute—

(2) The trustee must give the bankrupt’s creditors, other than opted-out creditors, notice that it appears to the trustee that the administration of the bankrupt’s estate is for practical purposes complete. (2A) The notice must— (a) be accompanied by a report of the trustee’s administration of the bankrupt’s estate, and (b) explain the effect of Article 272(3F) and how the creditors may object to the trustee’s release.

(4) Omit paragraphs (3) and (4).

(5) In the heading, for “meeting” substitute “report”.

Bankrupt’s home

85

In Article 305(2) (saving for bankrupt’s home), for “summon a meeting under Article 304” substitute “give notice under Article 304(2)”.

Offence of making false statements

86

In Article 327(3)(c) (offence of making false statements)—

(a) for “at any meeting of his creditors” substitute “in connection with any creditors’ decision procedure or deemed consent procedure”;

(b) for “at such a meeting” substitute “in connection with such a procedure”.

Provision that may be included in individual insolvency rules

87

(1) Schedule 6 (provision that may be included in individual insolvency rules) is amended as follows.

(2) After paragraph 10 insert—

(10A) Provision about how a bankrupt’s creditors may appoint a person as trustee.

(3) In paragraph 11 (creditors’ committee)—

(a) after “as to the” insert “establishment,”;

(b) for “established under” substitute “provided for by”.

Part 5 — Administration

Extension of administrator’s term of office

88

In paragraph 77(2)(b) of Schedule B1 (administrator’s term of office may be extended for up to 6 months by consent), for “6 months” substitute “1 year”.

Administration: payments to unsecured creditors

89

(1) Schedule B1 (administration) is amended as follows.

(2) In paragraph 66(3) (restrictions on distribution to unsecured creditors), for “unless” substitute “unless—

(a) the distribution is made by virtue of Article 150A(2)(a), or (b)

(3) In paragraph 84 (power to move from administration to creditors’ voluntary liquidation), in sub-paragraph (1)(b), after “any)” insert “which is not a distribution by virtue of Article 150A(2)(a)”.

Part 6 — Small debts

Creditors not required to prove small debts: company insolvency

90

In Schedule 5 (provision that may be included in company insolvency rules), after paragraph 13 insert—

(13A) Provision for a creditor who has not proved a small debt to be treated as having done so for purposes relating to the distribution of a company’s property (and for provisions of, or contained in legislation made under, this Order to apply accordingly).

Creditors not required to prove small debts: individual insolvency

91

In Schedule 6 (provision that may be included in individual insolvency rules), after paragraph 16 insert—

(16A) Provision for a creditor who has not proved a small debt to be treated as having done so for purposes relating to the distribution of a bankrupt’s estate (and for provisions of, or contained in legislation made under, this Order to apply accordingly).

Part 7 — Trustees in bankruptcy

Trustees in bankruptcy

92

(1) Before Article 265 insert—

(264A) (1) On the making of a bankruptcy order the official receiver becomes trustee of the bankrupt’s estate, unless the High Court appoints another person under paragraph (2) or (3). (2) If an insolvency practitioner’s report has been submitted to the High Court under Article 248, the Court may on making the order appoint the person who made the report as trustee. (3) If when the order is made there is a supervisor of a voluntary arrangement approved in relation to the bankrupt under Chapter 2 of Part 8, the High Court may on making the order appoint the supervisor of the arrangement as the trustee. (4) Where a person becomes trustee of a bankrupt’s estate under this Article, the person must give notice of that fact to the bankrupt’s creditors (or, if the High Court so allows, advertise it in accordance with the Court’s directions). (5) A notice or advertisement given by a trustee appointed under paragraph (2) or (3) must explain the procedure for establishing a creditors’ committee under Article 274.

(2) Schedule 2 to this Act makes amendments in consequence of subsection (1).

Part 8 — Voluntary arrangements

Abolition of fast-track voluntary arrangements

93

(1) Omit Articles 237A to 237G (fast-track voluntary arrangements) and the italic heading before Article 237A.

(2) In consequence of the repeal made by subsection (1), the repeals in subsections (3) to (5) have effect.

(3) In the 1989 Order—

(a) in Article 256 (High Court’s power to annul bankruptcy order), in paragraph (4), omit “or 237D”;

(b) in Schedule 2A (bankruptcy restrictions order and undertaking), in paragraph 11, omit “, 237D”.

(4) In the Insolvency (Northern Ireland) Order 2005—

(a) omit Article 21(2) to (4) (orders to extend application of provisions of Articles 237B to 237G of the 1989 Order);

(b) in Schedule 7, omit paragraph 2 (fast-track voluntary arrangements) and the heading before it;

(5) In the Insolvency (Amendment) Act (Northern Ireland) 2016, omit section 6.

(6) The repeals made by this section have no effect in relation to a case where a debtor has submitted the document and statement mentioned in Article 237B(1) to the official receiver before this section comes into operation.

Part 9 — Protection of essential supplies

Corporate insolvency

Power to add to supplies protected under the 1989 Order

94

(1) The Department may by regulations amend Article 197 (protection of essential supplies of electricity, gas, water, etc) so as to add to the supplies mentioned in paragraph (3) of that Article any of the following—

(a) a supply of electricity, gas, water or sewerage services or communication services by a specified description of person;

(b) a supply of a specified description of goods or services by a specified description of person where the supply is for the purpose of enabling or facilitating anything to be done by electronic means.

(2) In the heading to Article 197, after “Supplies of” insert “gas,”.

(3) In this section “specified” means specified in the regulations.

Power to give further protection to essential supplies

95

(1) The Department may by regulations make provision for insolvency-related terms of a contract for the supply of essential goods or services to a company to cease to have effect where—

(a) the company enters administration, or a voluntary arrangement under Part 2 of the 1989 Order takes effect in relation to it, and

(b) any conditions specified in the regulations are met.

(2) The regulations must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the regulations, the contract may be terminated by the supplier if—

(a) an insolvency office-holder consents to the termination,

(b) a court grants permission for the termination, or

(c) any charges in respect of the supply that are incurred after the company enters administration or the voluntary arrangement takes effect are not paid within the period of 28 days beginning with the day on which payment is due.

(3) The regulations must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the regulations, the supplier may terminate the supply unless an insolvency office-holder personally guarantees the payment of any charges in respect of the continuation of the supply.

(4) The regulations may provide for exceptions to the right of a supplier to terminate a supply under provision made by virtue of subsection (3).

(5) The regulations must (in addition to the provision mentioned in subsections (2) and (3)) include such other provision as the Department considers appropriate for securing that the interests of suppliers are protected.

(6) A “contract for the supply of essential goods or services” is a contract for a supply mentioned in Article 197(3).

(7) An “insolvency-related term” of a contract for the supply of essential goods or services to a company is a provision of the contract under which—

(a) the contract or the supply would terminate, or any other thing would take place, because the company enters administration or the voluntary arrangement takes effect,

(b) the supplier would be entitled to terminate the contract or the supply, or to do any other thing, because the company enters administration or the voluntary arrangement takes effect, or

(c) the supplier would be entitled to terminate the contract or the supply because of an event that occurred before the company enters administration or the voluntary arrangement takes effect.

(8) “Insolvency office-holder” means—

(a) in a case where a company enters administration, the administrator;

(b) in a case where a voluntary arrangement under Part 2 of the 1989 Order takes effect in relation to a company, the supervisor of the voluntary arrangement.

Individual insolvency

Protection of supplies of water, electricity, etc

96

(1) Article 343 (protection of essential supplies of electricity, gas, water, etc) is amended as follows.

(2) Paragraph (4) is amended in accordance with subsections (3) to (5).

(3) After sub-paragraph (a) insert—

(aza) a supply of electricity by a class of person within Class A (small supply) or Class B (resale) of Schedule 3 to the Electricity (Class Exemptions from the Requirement for a Licence) Order (Northern Ireland) 2013 (S.R. 2013/93);

(4) After sub-paragraph (b) insert—

(ba) a supply of water by a person who has an interest in the premises to which the supply is given;

(5) After sub-paragraph (c) (and before the words “and in this paragraph”) insert—

(d) a supply of communications services by a person who carries on a business which includes giving such supplies; (e) a supply of goods or services mentioned in paragraph (5) by a person who carries on a business which includes giving such supplies, where the supply is for the purpose of enabling or facilitating anything to be done by electronic means;

(6) After paragraph (4) insert—

(5) The goods and services referred to in paragraph (4)(e) are— (a) point of sale terminals; (b) computer hardware and software; (c) information, advice and technical assistance in connection with the use of information technology; (d) data storage and processing; (e) website hosting.

(7) In the heading to the Article, after “Supplies of” insert “gas,”.

Further protection of essential supplies

97

(1) After Article 343 insert—

(343A) (1) An insolvency-related term of a contract for the supply of essential goods or services to an individual ceases to have effect if— (a) a voluntary arrangement proposed by the individual is approved under Chapter 2 of Part 8, and (b) the supply is for the purpose of a business which is or has been carried on by the individual, by a firm or partnership of which the individual is or was a member, or by an agent or manager for the individual or for such a firm or partnership. (2) An insolvency-related term of a contract does not cease to have effect by virtue of paragraph (1) to the extent that— (a) it provides for the contract or the supply to terminate, or any other thing to take place, because the individual becomes subject to an insolvency procedure other than a voluntary arrangement; (b) it entitles a supplier to terminate the contract or the supply, or do any other thing, because the individual becomes subject to an insolvency procedure other than a voluntary arrangement; or (c) it entitles a supplier to terminate the contract or the supply because of an event that occurs, or may occur, after the voluntary arrangement proposed by the individual is approved. (3) Where an insolvency-related term of a contract ceases to have effect under this Article the supplier may— (a) terminate the contract, if the condition in paragraph (4) is met; (b) terminate the supply, if the condition in paragraph (6) is met. (4) The condition in this paragraph is that— (a) the supervisor of the voluntary arrangement consents to the termination of the contract, (b) the High Court grants permission for the termination of the contract, or (c) any charges in respect of the supply that are incurred after the voluntary arrangement is approved are not paid within the period of 28 days beginning with the day on which payment is due. (5) The High Court may grant permission under paragraph (4)(b) only if satisfied that the continuation of the contract would cause the supplier hardship. (6) The condition in this paragraph is that— (a) the supplier gives written notice to the supervisor of the voluntary arrangement that the supply will be terminated unless the supervisor personally guarantees the payment of any charges in respect of the continuation of the supply after the arrangement was approved, and (b) the supervisor does not give that guarantee within the period of 14 days beginning with the day the notice is received. (7) For the purposes of securing that the interests of suppliers are protected, where— (a) an insolvency-related term of a contract (the “original term”) ceases to have effect by virtue of paragraph (1), and (b) a subsequent voluntary arrangement proposed by the individual is approved, the contract is treated for the purposes of paragraphs (1) to (6) as if, immediately before the subsequent voluntary arrangement proposed by the individual is approved, it included an insolvency-related term identical to the original term. (8) A contract for the supply of essential goods or services is a contract for a supply mentioned in Article 343(4). (9) An insolvency-related term of a contract for the supply of essential goods or services to an individual is a provision of the contract under which— (a) the contract or the supply would terminate, or any other thing would take place, because the voluntary arrangement proposed by the individual is approved, (b) the supplier would be entitled to terminate the contract or the supply, or to do any other thing, because the voluntary arrangement proposed by the individual is approved, or (c) the supplier would be entitled to terminate the contract or the supply because of an event that occurred before the voluntary arrangement proposed by the individual is approved.

(2) Paragraph (1) of Article 343A (inserted by subsection (1)) does not have effect in relation to a contract entered into before the date on which that paragraph comes into operation.

Power to add to supplies protected under the 1989 Order

98

(1) The Department may by regulations amend Article 343 (protection of essential supplies of electricity, gas, water, etc) so as to add to the supplies mentioned in paragraph (4) of that Article any of the following—

(a) a supply of electricity, gas, water or sewerage services or communication services by a specified description of person;

(b) a supply of a specified description of goods or services by a specified description of person where the supply is for the purpose of enabling or facilitating anything to be done by electronic means.

(2) In this section “specified” means specified in the regulations.

Power to give further protection to essential supplies

99

(1) The Department may by regulations make provision for insolvency-related terms of a contract for the supply of essential goods or services to an individual to cease to have effect where—

(a) a voluntary arrangement proposed by the individual is approved under Chapter 2 of Part 8 of the 1989 Order, and

(b) any conditions specified in the regulations are met.

(2) The regulations must include a condition that ensures that an insolvency-related term of a contract for the supply of essential goods or services to an individual does not cease to have effect unless the supply is for the purpose of a business that is or has been carried on by the individual or with which the individual has or had another connection of a kind specified in the regulations.

(3) The regulations must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the regulations, the contract may be terminated by the supplier if—

(a) the supervisor of the voluntary arrangement consents to the termination,

(b) a court grants permission for the termination, or

(c) any charges in respect of the supply that are incurred after the voluntary arrangement proposed by the individual is approved are not paid within the period of 28 days beginning with the day on which payment is due.

(4) The regulations must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the regulations, the supplier may terminate the supply unless the supervisor of the voluntary arrangement personally guarantees the payment of any charges in respect of the continuation of the supply.

(5) The regulations may provide for exceptions to the right of the supplier to terminate a supply under provision made by virtue of subsection (4).

(6) The regulations must (in addition to the provision mentioned in subsections (3) and (4)) include such other provision as the Department considers appropriate for securing that the interests of suppliers are protected.

(7) A “contract for the supply of essential goods or services” is a contract for a supply mentioned in Article 343(4).

(8) An “insolvency-related term” of a contract for the supply of essential goods or services to an individual is a provision of the contract under which—

(a) the contract or supply would terminate, or any other thing would take place, because the voluntary arrangement proposed by the individual is approved,

(b) the supplier would be entitled to terminate the contract or the supply, or to do any other thing, because the voluntary arrangement proposed by the individual is approved, or

(c) the supplier would be entitled to terminate the contract or the supply because of an event that occurred before the voluntary arrangement proposed by the individual is approved.

Supplemental

Sections 94 to 99: supplemental

100

(1) The power to make regulations under section 94 or 98 includes power to make incidental, supplementary, consequential, transitional or saving provision, including doing so by amending any statutory provision.

(2) The power to make regulations under section 95 or 99 includes—

(a) power to provide for a person to exercise a discretion in a matter;

(b) power to make incidental, supplementary, consequential, transitional or saving provision;

(c) power to make any provision that may be made by the regulations by amending the 1989 Order or any other statutory provision.

(3) Regulations under section 95 or 99 may not be made so as to have effect in relation to contracts entered into before the regulations come into operation.

(4) Regulations under section 94, 95, 98 or 99 may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

Part 10 — Remote attendance at meetings and use of websites

Remote attendance at meetings and use of websites

101

(1) After Article 208ZG (inserted by section 7(1)) insert—

(208ZH) (1) This Article applies to any meeting of the members of a company summoned by the office-holder under this Order or the rules, other than a meeting of the members of the company in a members’ voluntary winding up. (2) Where the person summoning a meeting (“the convener”) considers it appropriate, the meeting may be conducted and held in such a way that persons who are not present together at the same place may attend it. (3) Where a meeting is conducted and held in the manner referred to in paragraph (2), a person attends the meeting if that person is able to exercise any rights which that person may have to speak and vote at the meeting. (4) For the purposes of this Article— (a) a person is able to exercise the right to speak at a meeting when that person is in a position to communicate to all those attending the meeting, during the meeting, any information or opinions which that person has on the business of the meeting; and (b) a person is able to exercise the right to vote at a meeting when— (i) that person is able to vote, during the meeting, on resolutions put to the vote at the meeting; and (ii) that person’s vote can be taken into account in determining whether or not such resolutions are passed at the same time as the votes of all the other persons attending the meeting. (5) The convener of a meeting which is to be conducted and held in the manner referred to in paragraph (2) shall make whatever arrangements the convener considers appropriate to— (a) enable those attending the meeting to exercise their rights to speak or vote; and (b) ensure the identification of those attending the meeting and the security of any electronic means used to enable attendance. (6) Where in the reasonable opinion of the convener— (a) a meeting will be attended by persons who will not be present together at the same place, and (b) it is unnecessary or inexpedient to specify a place for the meeting, any requirement under this Order or the rules to specify a place for the meeting may be satisfied by specifying the arrangements the convener proposes to enable persons to exercise their rights to speak or vote. (7) In making the arrangements referred to in paragraph (5) and in forming the opinion referred to in paragraph (6)(b), the convener must have regard to the legitimate interests of the members and others attending the meeting in the efficient despatch of the business of the meeting. (8) If— (a) the notice of a meeting does not specify a place for the meeting, (b) the convener is requested in accordance with the rules to specify a place for the meeting, and (c) that request is made by members representing not less than 10% of the total voting rights of all the members having at the date of the request a right to vote at the meeting, it shall be the duty of the convener to specify a place for the meeting. (9) In this Article, “the office-holder”, in relation to a company, means— (a) the monitor in relation to a moratorium under Part 1A; (b) its liquidator, provisional liquidator, administrator, or administrative receiver; or (c) where a voluntary arrangement in relation to the company is proposed or has taken effect under Part 2, the nominee or the supervisor of the voluntary arrangement. (208ZI) (1) Where any provision of this Order or the rules requires the office-holder to give, deliver, furnish or send a notice or other document or information to any person, that requirement is satisfied by making the notice, document or information available on a website— (a) in accordance with the rules; and (b) in such circumstances as may be prescribed. (2) In this Article, “the office-holder” means— (a) the monitor in relation to a moratorium under Part 1A; (b) the liquidator, provisional liquidator, administrator, or administrative receiver of a company; or (c) where a voluntary arrangement in relation to a company is proposed or has taken effect under Part 2, the nominee or the supervisor of the voluntary arrangement.

(2) After Article 345C (inserted by section 8(1)) insert—

(345D) (1) This Article applies where— (a) a bankruptcy order is made against an individual or an interim receiver of an individual’s property is appointed, or (b) a voluntary arrangement in relation to an individual is proposed or is approved under Chapter 2 of Part 8, and “the office-holder” means the official receiver, the trustee in bankruptcy, the interim receiver, the nominee or the supervisor of the voluntary arrangement, as the case may be. (2) Where any provision of this Order or the rules requires the office-holder to give, deliver, furnish or send a notice or other document or information to any person, that requirement is satisfied by making the notice, document or information available on a website— (a) in accordance with the rules; and (b) in such circumstances as may be prescribed.

(3) In consequence of the amendments made by subsections (1) and (2), omit—

(a) section 1 of the Insolvency (Amendment) Act (Northern Ireland) 2016 (and Articles 208ZA, 208ZB, 345A and 345B as inserted by that section);

(b) paragraphs 20 and 21 of Schedule 7 to the Corporate Insolvency and Governance Act 2020.

(4) In any enactment, instrument or other document passed or made before the date on which this Act is passed, any reference to Article 208ZA, 208ZB or 345B as inserted by section 1 of the Insolvency (Amendment) Act (Northern Ireland) 2016 is to be read, in relation to any time after that date, as or as including (so far as the context permits) a reference to Article 208ZH, 208ZI or 345D as inserted by this section.

Part 11 — Other amendments relating to insolvency

Miscellaneous provision about insolvency law

102

Schedule 3 to this Act—

(a) makes provision about the administration and winding up of companies and bankruptcy, and

(b) contains other minor amendments relating to insolvency.

Notice of proposed resolution for voluntary winding up

103

(1) Article 70 (circumstances in which company may be wound up voluntarily) is amended as follows.

(2) For paragraph (1A) substitute—

(1ZA) Before a company passes a resolution for voluntary winding up, it must comply with paragraphs (1ZB) to (1A). (1ZB) Where the company is required by section 291 or 293 of the Companies Act 2006 to send or submit a copy of the resolution to members of the company, the company must at the same time give written notice of the resolution to the Enforcement of Judgments Office. (1ZC) Where the company is required by Chapter 3 of Part 13 of the Companies Act 2006 to give notice of a meeting at which the resolution is intended to be moved, the company must at the same time give written notice of the resolution to the Enforcement of Judgments Office. (1A) The company must also give written notice of the resolution to the holder of any qualifying floating charge to which Article 59A applies.

(3) After paragraph (2) add—

(3) If a company fails to comply with paragraph (1ZB) or (1ZC), the company and every officer of it who is in default are guilty of an offence.

(4) In Schedule 7 (punishment of offences under the Order), at the appropriate place insert—

70(3)	Company failing to give notice to Enforcement of Judgments Office of proposed resolution for voluntary winding up.	Summary.	Level 3 on the standard scale.	-

Notice of result of resolution to wind up voluntarily

104

(1) Article 71 (notice of resolution to wind up voluntarily) is amended as follows.

(2) In paragraph (1), for the words from “give notice” to the end substitute

give notice that the resolution has been passed— (a) by advertisement in the Belfast Gazette, and (b) in writing to the Enforcement of Judgments Office.

(3) After paragraph (1) insert—

(1A) Where a company has given notice under Article 70(1ZB) or (1ZC) of a resolution for voluntary winding up and— (a) in a case within Article 70(1ZB), the resolution lapses, or (b) in a case within Article 70(1ZC), the resolution is not passed at the proposed meeting or it becomes apparent that the resolution will not be passed, the company must, within 14 days of that event, give written notice of it to the Enforcement of Judgments Office.

(4) In the heading to that Article, after “Notice of” insert “result of”.

(5) In Schedule 7 (punishment of offences under the Order), in the entry relating to Article 71(2), for “in Belfast Gazette of resolution for voluntary winding up” substitute “as required by Article 71(1) or (1A)”.

Presentation of bankruptcy petition: conditions to be satisfied

105

In Article 239 (conditions to be satisfied in respect of debtor), omit paragraph (2)(b).

Orders relating to recognised professional bodies to be subject to negative resolution

106

(1) In Article 350 (recognised professional bodies), after paragraph (5) insert—

(5A) An order under this Article is subject to negative resolution.

(2) In Article 350L (revocation of recognition at instigation of Department), after paragraph (5) insert—

(5A) A revocation order or partial revocation order is subject to negative resolution.

(3) In Article 350N (revocation of recognition at request of body), after paragraph (4) insert—

(4A) An order under this Article is subject to negative resolution.

Part 12 — Insolvent Partnerships

Amendments of the 1995 Order

107

(1) This Part amends the Insolvent Partnerships Order (Northern Ireland) 1995, which makes provision about insolvent partnerships (including applying with modifications the Insolvency (Northern Ireland) Order 1989 and the Company Directors Disqualification (Northern Ireland) Order 2002).

(2) In this Part “the 1995 Order” means the Insolvent Partnerships Order (Northern Ireland) 1995.

(3) The amendments made by this Part are without prejudice to any power conferred by any statutory provision to amend, modify or revoke the 1995 Order.

(4) The amendments made by this Part do not apply in relation to any case in which a winding-up or bankruptcy order was made in relation to a partnership or an insolvent member of a partnership before this Part came into operation.

(5) Where winding-up or bankruptcy proceedings were pending in relation to a partnership or an insolvent member of a partnership immediately before this Part came into operation, either—

(a) those proceedings shall be continued, after the coming into operation of this Part, in accordance with this Part, or

(b) if the court so directs, they shall be continued under the law as it would have effect without the amendments made by this Part.

(6) For the purpose of subsection (5), winding-up or bankruptcy proceedings are pending if a statutory or written demand has been served or a winding-up or bankruptcy petition has been presented.

Voluntary arrangements of insolvent partnerships

108

In Article 4 of the 1995 Order, in paragraph (3)—

(a) in sub-paragraph (a), after “2 to 7” insert “and 8A”;

(b) in sub-paragraph (b), after “Articles 197 to 197B” insert “, 208ZE, 208ZF and 208ZJ”;

(d) at the end of sub-paragraph (f) insert

, and (g) Part 15.

Voluntary arrangements of members of insolvent partnership

109

In Article 5 of the 1995 Order, after paragraph (2) insert—

(3) Where Part 2 of the Order applies to a corporate member of an insolvent partnership by virtue of paragraph (1), Articles 208ZE and 208ZF of the Order, insofar as they relate to company voluntary arrangements, apply in relation to that corporate member, with the modification that any reference to creditors of the company includes a reference to the creditors of the partnership. (4) Where Chapter 2 of Part 8 of the Order applies to an individual member of an insolvent partnership by virtue of paragraph (1), Articles 345A and 345B of the Order, insofar as they relate to individual voluntary arrangements, apply in relation to that individual member, with the modification that any reference to creditors of the individual includes a reference to the creditors of the partnership.

Administration in relation to insolvent partnerships

110

In Article 6 of the 1995 Order, in paragraph (3)—

(a) in sub-paragraph (a), after “2 to 7” insert “and 8A”;

(b) at the end of sub-paragraph (e), omit “and”;

, and (g) Part 15.

Creditors’ winding-up: no concurrent petition against member

111

(1) In Article 7 of the 1995 Order, in paragraph (1)—

(a) omit from “of a liquidator” to “Article 38 of the EC Regulation),”;

(b) for “in relation to a member” substitute “in relation to the partnership or a member of the partnership”.

(2) In consequence of subsection (1)(a), omit Article 3 of the Insolvent Partnerships (Amendment) Order (Northern Ireland) 2003 (SR 2003/144).

Creditors’ winding-up: concurrent petition against member or members

112

(1) Article 8 of the 1995 Order is amended as follows.

(2) In paragraph (1), omit from “, of a liquidator” to “Article 38 of the EC Regulation)”.

(3) In paragraph (5)—

(a) in sub-paragraph (a), for “8” substitute “8A”;

(b) in sub-paragraph (d), for “XIV” substitute “15”.

(4) In paragraph (7)—

(a) in sub-paragraph (a), after “2,” insert “2B,”;

(b) in sub-paragraph (a), for “and 11” substitute “, 11 and 11A”;

Members’ winding-up: concurrent petitions against all members

113

(1) Article 10 of the 1995 Order is amended as follows.

(2) In paragraph (1)(a), for “it is” substitute “they are”.

(3) In paragraph (3)—

(a) in sub-paragraph (a), for “8” substitute “8A”;

(b) in sub-paragraph (d), for “XIV” substitute “15”.

(4) In paragraph (5)—

(a) for sub-paragraph (a) substitute—

(a) Articles 2, 2B, 3, 4, 9, 10, 11 and 11A in Part I,

(b) in sub-paragraph (c), for “XIV” substitute “15”.

Individual members presenting joint petition: no winding-up of partnership

114

In Article 11 of the 1995 Order, in paragraph (2)—

(a) for sub-paragraph (a) substitute—

(a) Articles 2, 2B, 3, 4, 9, 10, 11 and 11A in Part I,

(b) in sub-paragraph (c), for “XIV” substitute “15”.

Application of the Company Directors Disqualification (Northern Ireland) Order 2002

115

For Article 16 of the 1995 Order substitute—

(16) (1) Where— (a) an insolvent partnership is wound up as an unregistered company under Part 6 of the Order, (b) an insolvent partnership enters administration, or (c) the business of an insolvent partnership is wound up as mentioned in Article 11 (without the partnership being wound up as an unregistered company), the following provisions of the Company Directors Disqualification (Northern Ireland) Order 2002 (“the 2002 Order”) apply, certain of those provisions being modified in such manner that, after modification, they are as set out in Schedule 8. (2) The provisions are— (a) Articles 9 to 10A, 11A to 11C, 12, 14, 17A to 20 and 22 to 23A and Schedule 1, and (b) Articles 3 and 4 in so far as they have effect for the purposes of the provisions listed in sub-paragraph (a) (and Article 21 in so far as it has effect for the purposes of Articles 3(1)(a) and 4(1)(a)). (3) Any expression that is— (a) defined for the purposes of this Order, and (b) used in the provisions of the 2002 Order as applied by this Article, has the same meaning in those provisions as it does in this Order.

Supplemental and transitional provision

116

In Article 19(4) of the 1995 Order, after “under” insert “section 367 of the Financial Services and Markets Act 2000 or”.

Amendments to the Schedules to the 1995 Order

117

Schedule 4 to this Act contains amendments to Schedules 1 to 10 to the 1995 Order.

Part 13 — General

Interpretation

118

In this Act—

“the Department” means the Department for the Economy;

“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

Power to make consequential amendments, repeals and revocations

119

(1) The Department may by order make such provision as the Department considers appropriate in consequence of this Act (including the repeal, revocation, amendment or modification of any statutory provision).

(2) An order containing consequential provisions under subsection (1) may include transitional, transitory or saving provision in connection with those provisions.

(3) An order under subsection (1) that repeals, revokes or amends Northern Ireland legislation or an Act of Parliament may not be made unless a draft of the order has been laid before, and approved by, the Assembly.

(4) Any other order under subsection (1) is subject to negative resolution.

Commencement

120

(1) Part 9 and this Part come into operation on the day after the day on which this Act receives Royal Assent.

(2) The other provisions of this Act come into operation on such day or days as the Department may by order appoint.

(3) An order under subsection (2) may contain such transitional or saving provisions as the Department considers appropriate.

Short title

121

This Act may be cited as the Insolvency (Amendment) Act (Northern Ireland) 2026.

Schedule 1 — Amendments to Schedule B1 to the 1989 Order

1

Schedule B1 (administration) is amended as follows.

2

In paragraph 1(1), omit the definitions of “correspondence” and “creditors’ meeting”.

3

In paragraph 50(4)(b), after “company” insert “, other than an opted-out creditor,”.

4

Omit paragraph 51 and the heading before it.

5

For the heading before paragraph 52 substitute “Consideration of administrator’s proposals by creditors”.

6

In paragraph 52, for sub-paragraphs (1) to (3) substitute—

(1) The administrator must seek a decision from the company’s creditors as to whether they approve the proposals set out in the statement made under paragraph 50(1). (2) The initial decision date for that decision must be within the period of 10 weeks beginning with the day on which the company enters administration. (3) The “initial decision date” for that decision— (a) if the decision is initially sought using the deemed consent procedure, is the date on which a decision will be made if the creditors by that procedure approve the proposals, and (b) if the decision is initially sought using a qualifying decision procedure, is the date on or before which a decision will be made if it is made by that qualifying decision procedure (assuming that date does not change after the procedure is instigated).

7

In paragraph 53(2), for the words from “summon” to “requested” substitute “seek a decision from the company’s creditors as to whether they approve the proposals set out in the statement made under paragraph 50(1) if requested to do so”.

8

For paragraph 53(3) substitute—

(3) Where a decision is sought by virtue of sub-paragraph (2) the initial decision date (as defined in paragraph 52(3)) must be within the prescribed period.

9

For the heading before paragraph 54 substitute “Creditors’ decision”.

10

In paragraph 54, for sub-paragraph (1) substitute—

(1) The company’s creditors may approve the administrator’s proposals— (a) without modification, or (b) with modification to which the administrator consents.

11

In paragraph 54(2)—

(a) for “After the conclusion of an initial creditors’ meeting the” substitute “The”;

(b) after “taken” insert “by the company’s creditors”.

12

In paragraph 55(1)(a), for “at an initial creditors’ meeting” substitute “by the company’s creditors”.

13

Omit paragraph 55(2)(a).

14

In paragraph 55(2)(b)—

(a) omit “with the notice of the meeting sent”;

(b) after “creditor” insert “who is not an opted-out creditor”.

15

For paragraph 55(2)(d) substitute—

(d) seek a decision from the company’s creditors as to whether they approve the proposed revision.

16

For paragraph 55(5) substitute—

(5) The company’s creditors may approve the proposed revision— (a) without modification, or (b) with modification to which the administrator consents.

17

In paragraph 55(6)—

(a) for “After the conclusion of a creditors’ meeting the” substitute “The”;

(b) after “taken” insert “by the company’s creditors”.

18

For paragraph 56(1) substitute—

(1) This paragraph applies where an administrator— (a) reports to the High Court under paragraph 54 that a company’s creditors have failed to approve the administrator’s proposals, or (b) reports to the Court under paragraph 55 that a company’s creditors have failed to approve a revision of the administrator’s proposals.

19

In the heading before paragraph 57, for “meetings” substitute “decisions”.

20

In paragraph 57(1), for “summon a creditors’ meeting”—

(a) in the first place that it occurs, substitute “seek a decision from the company’s creditors on a matter”;

(b) in the second place that it occurs, substitute “do so”.

21

In paragraph 57(2), for “summon a creditors’ meeting” substitute “seek a decision from the company’s creditors on a matter”.

22

In paragraph 58(1), for “A creditors’ meeting may” substitute “The company’s creditors may, in accordance with the rules,”.

23

Omit paragraph 59 and the heading before it.

24

In paragraph 63, for the words from “may” to the end substitute

may— (a) call a meeting of members of the company; (b) seek a decision on any matter from the company’s creditors.

25

For paragraph 75(4)(c) substitute—

(c) require a decision of the company’s creditors to be sought on a matter;

26

For paragraph 79(1)(b) substitute—

(b) if the company has unsecured debts, the unsecured creditors of the company.

27

For paragraph 79(2)(b)(ii) substitute—

(ii) the preferential creditors of the company.

28

After paragraph 79(2) insert—

(2A) Whether the company’s unsecured creditors or preferential creditors consent is to be determined by the administrator seeking a decision from those creditors as to whether they consent.

29

Omit paragraph 79(3).

30

In paragraph 80(2)(c), for “a creditors’ meeting requires him to” substitute “the company’s creditors decide that he must”.

31

In paragraph 81(4), after “company” insert “, other than an opted-out creditor,”.

32

In paragraph 84(4)(b), after “creditor” insert “, other than an opted-out creditor,”.

33

In paragraph 84(7)(d), omit “84,”.

34

In paragraph 85(5)(b), after “creditor” insert “, other than an opted-out creditor,”.

35

In the heading before paragraph 98, for “meeting” substitute “decision”.

36

For paragraph 98(2) and (3) substitute—

(2) The administrator may be replaced by a decision of the creditors made by a qualifying decision procedure. (3) The decision has effect only if, before the decision is made, the new administrator has consented to act in writing.

37

In paragraph 109(1), omit “, 51(1)(b)”.

38

For paragraph 109(2)(b) substitute—

(b) if the company has unsecured debts, the unsecured creditors of the company.

39

For paragraph 109(3)(b)(ii) substitute—

(ii) the preferential creditors of the company.

40

After paragraph 109(3) insert—

(3A) Whether the company’s unsecured creditors or preferential creditors consent is to be determined by the administrator seeking a decision from those creditors as to whether they consent.

41

Omit paragraph 109(4).

Schedule 2 — Trustees in bankruptcy: consequential amendments

1

In Article 259(3) (interim receiver to have powers and duties conferred by Article 260), for “of a receiver and manager under” substitute “given by”.

2

(1) Article 260 (receivership pending appointment of trustee) is amended as follows.

(2) For the heading substitute “Powers of interim receiver”.

(3) In paragraph (1)—

(a) for the words from the beginning to “official receiver” substitute “An interim receiver appointed under Article 259”;

(b) for “bankrupt’s estate” substitute “debtor’s property”.

(4) In paragraph (2)—

(a) for “the official” substitute “an interim”;

(b) for “bankrupt’s estate” substitute “debtor’s property”;

(5) In paragraph (3)—

(a) for “The official” substitute “An interim”;

(b) for “of the estate” substitute “of the debtor’s property”;

(d) for sub-paragraph (b) substitute—

(b) is not required to do anything that involves his incurring expenditure, except in pursuance of directions given by— (i) the Department, where the official receiver is the interim receiver, or (ii) the High Court, in any other case,

(e) in sub-paragraph (c), for “bankrupt’s” substitute “debtor’s”.

(6) In paragraph (4)—

(a) for sub-paragraph (a) substitute—

(a) an interim receiver acting as receiver or manager of the debtor’s property under this Article seizes or disposes of any property which is not the debtor’s property, and

(b) for “official” (in sub-paragraph (b) and in the words following that sub-paragraph) substitute “interim”;

(7) Omit paragraph (5).

3

Omit Article 264(1) to (3) (bankrupt’s duty to deliver possession of estate to official receiver).

4

(1) Article 265 (power to make appointments) is amended as follows.

(2) For the heading substitute “Appointment of trustees: general provision”.

(3) For paragraph (1) substitute—

(1) This Article applies to any appointment of a person (other than the official receiver) as trustee of a bankrupt’s estate.

(4) Omit paragraph (6).

5

Omit Articles 266 to 268 (meeting of creditors to appoint first trustee).

6

In Article 269(3) (application for appointment despite previous refusal), omit “under Article 268 or”.

7

Omit Article 270 (special cases).

8

In Article 271(3) (general meeting to replace trustee)—

(a) for “Article 266(3) or 268(4)” substitute “Article 264A(1)”;

(b) for “Article 270(4)” substitute “Article 264A(3)”.

9

(1) Schedule 6 (provision that may be included in individual insolvency rules) is amended as follows.

(2) Omit paragraph 8 and the heading before it.

(3) In paragraph 28, omit “, of the official receiver while acting as a receiver or manager under Article 260”.

Schedule 3 — Miscellaneous amendments of insolvency law

Part 1 — Administration of companies

1

Schedule B1 to the 1989 Order (administration) is amended in accordance with paragraphs 2 to 5.

Appointment of administrators

2

After paragraph 26 (but before the italic heading before paragraph 27) insert—

(26A) (1) Paragraph 26(a) does not prevent the appointment of an administrator of a company if the petition for the winding up of the company was presented after the person proposing to make the appointment filed the notice of intention to appoint with the High Court under paragraph 28. (2) But sub-paragraph (1) does not apply if the petition was presented under a provision mentioned in paragraph 43(4).

3

In paragraph 27(2) (requirement for company or directors to give notice of intention to appoint administrator to prescribed persons), for “proposes to make an appointment under paragraph 23” substitute “gives notice of intention to appoint under sub-paragraph (1)”.

Release of administrator

4

In paragraph 99 (vacation of office of administrator: discharge from liability), for sub-paragraphs (2) and (3) substitute—

(1A) The discharge provided by sub-paragraph (1) takes effect in accordance with sub-paragraphs (2) to (2C). (2) In the case of an administrator who dies, the discharge takes effect on the filing with the High Court of notice of his or her death. (2A) In the case of an administrator who was appointed under paragraph 15 or 23 and who has not made a statement under paragraph 53(1)(b), the discharge takes effect at a time appointed— (a) by resolution of the creditors’ committee, or (b) if there is no such committee, by resolution of the creditors. (2B) In the case of an administrator who was appointed under paragraph 15 or 23 and who has made a statement under paragraph 53(1)(b), the discharge takes effect at a time decided by the relevant creditors (as to which, see sub-paragraphs (3) and (3A)). (2C) In any case, the discharge takes effect at such time as may be specified by the Court. (3) For the purposes of sub-paragraph (2B), the “relevant creditors” are the secured creditors of the company, unless sub-paragraph (3A) applies. (3A) If the administrator has made a distribution to preferential creditors, or thinks that a distribution may be made to preferential creditors, the “relevant creditors” are— (a) the secured creditors of the company, and (b) the preferential creditors of the company.

5

(1) Paragraph 99 (as amended by paragraph 4 above) is further amended as follows.

(2) In sub-paragraph (2A)(b), for “resolution” substitute “decision”.

(3) After sub-paragraph (3A) insert—

(3B) In a case where the administrator is removed from office, a decision of the creditors for the purposes of sub-paragraph (2A)(b), or of the preferential creditors for the purposes of sub-paragraph (2B), must be made by a qualifying decision procedure.

Part 2 — Winding up of companies

Removal of power of Court to order payment into bank of money due to company

6

In Part 5 of the 1989 Order (winding up of companies), omit Article 129 (payment into bank of money due to company).

Part 3 — Disqualification of unfit directors of insolvent companies

Application for making of disqualification order: power to require information

7

(1) The Company Directors Disqualification (Northern Ireland) Order 2002 is amended as follows.

(2) In Article 10 (disqualification order or undertaking; and reporting provisions), for paragraphs (5) and (5A) (power of Department or official receiver to require information) substitute—

(5) Where a company or overseas company (“C”) has at any time become insolvent, the Department or the official receiver may require any person (“A”)— (a) to furnish the Department or, as the case may be, the official receiver with such relevant information, and (b) to produce and permit inspection of such relevant records, as the Department or the official receiver may reasonably require for the purpose of determining whether to exercise, or of exercising, any function under this Article. (5A) Where a company or overseas company (“C”) has been dissolved without becoming insolvent, the Department or the official receiver may require any person (“A”)— (a) to furnish the Department or, as the case may be, the official receiver with such relevant information, and (b) to produce and permit inspection of such relevant records, as the Department or the official receiver may reasonably require for the purpose of determining whether to exercise, or of exercising, any function under this Article. (5B) “Relevant information” is information with respect to the conduct of A, or another person, as a director of company C. (5C) “Relevant records” are books, papers and other records that are considered by the Department or (as the case may be) the official receiver to be relevant to the conduct of A, or another person, as a director of company C. (5D) For the purposes of paragraphs (5B) and (5C) it does not matter whether company C became insolvent, or was dissolved, while A or (as the case may be) the other person was a director or subsequently.

(3) In Article 10(6), for “and (2)” substitute “, (2) and (2A)”.

(4) In Article 11B(3), for “and (5A)” substitute “to (5D)”.

(5) In Article 11C(4), for “and (5A)” substitute “to (5D)”.

(6) In consequence of the amendment made by paragraph (2), omit section 3(3)(b) of the Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act 2021.

Enforcement of Article 10(5) of the 2002 Order

8

(1) In the Insolvent Companies (Reports on Conduct of Directors) Rules (Northern Ireland) 2003 (SR 2003/357), rule 7 is amended as follows.

(2) In the heading to the rule, for “10(5)” substitute “10(5) or (5A)”.

(3) In paragraph (1), for “10(5) (power to call on liquidators, former liquidators and others to provide information)” substitute “10(5) or (5A) (power to require information etc to be provided)”.

(4) For paragraph (3) substitute—

(3) The Insolvency Rules (Northern Ireland) 1991 apply to applications under this rule, with any necessary modifications.

(5) The amendments made by this paragraph to rule 7 are without prejudice to any power conferred by any statutory provision to amend, modify or repeal that rule.

Amendment of Article 24 of the 2002 Order

9

(1) In Article 24 of the Company Directors Disqualification (Northern Ireland) Order 2002 (interaction with the 1989 Order), in paragraphs (1) and (2)—

(a) for “to 19C” substitute “to 20”;

(b) for “and 23” substitute “and 22 to 23A”.

(2) In consequence of sub-paragraph (1), paragraph 9(15)(b) of Schedule 8 to the Small Business, Enterprise and Employment Act 2015 (director’s disqualification in Northern Ireland) is omitted.

Part 4 — Bankruptcy

10

Part 9 of the 1989 Order (bankruptcy) is amended in accordance with paragraphs 11 to 13.

Appointment of insolvency practitioner as interim receiver

11

(1) Article 259 (power to appoint interim receiver) is amended as follows.

(2) In paragraph (1), after “the official receiver” insert “or an insolvency practitioner”.

(3) In paragraph (2), for “, instead of the official receiver,” substitute “, another insolvency practitioner or the official receiver”.

12

(1) Article 341 (power to appoint special manager) is amended as follows.

(2) In paragraph (1)(c), for “the official receiver has been appointed interim receiver” substitute “an interim receiver has been appointed”.

(3) In paragraph (2), for “official receiver”, in both places that it occurs, substitute “interim receiver”.

Statement of affairs

13

(1) Article 261 (statement of affairs) is amended as follows.

(2) For paragraph (1) substitute—

(1) Where a bankruptcy order has been made otherwise than on a debtor’s petition, the official receiver may at any time before the discharge of the bankrupt require the bankrupt to submit to the official receiver a statement of affairs.

(3) After paragraph (2) insert—

(2A) Where a bankrupt is required under paragraph (1) to submit a statement of affairs to the official receiver, the bankrupt must do so (subject to paragraph (3)) before the end of the period of 21 days beginning on the day on which the prescribed notice of the requirement is given to the bankrupt by the official receiver.

(4) In paragraph (3), for sub-paragraphs (a) and (b) substitute—

(a) release a bankrupt from an obligation imposed on the bankrupt under paragraph (1), or (b) either when giving the notice mentioned in paragraph (2A) or subsequently, extend the period mentioned in that paragraph,

(5) In paragraph (4)(a), for “the obligation imposed by” substitute “an obligation imposed under”.

Part 5 — Other minor amendments of the 1989 Order and other enactments

Regulations that are not subject to negative resolution

14

(1) Article 2 (general interpretation of the 1989 Order) is amended as follows.

(2) In paragraph (2), in the definition of “regulations”, for the words from “(except in” to “Schedule B1)” substitute “(except in the provisions mentioned in paragraph (2B))”.

(3) After paragraph (2A) insert—

(2B) The provisions referred to in the definition of “regulations” in paragraph (2) (which confer power to make regulations that are not subject to negative resolution) are— - Part 1A; - Article 148A(6); - Article 197C; - Article 208ZG; - Article 345C; - Article 359(5); - Article 375(3)(b)(ii); - paragraph 61A of Schedule B1.

(4) In consequence of sub-paragraphs (2) and (3), omit—

(a) paragraph 19 of Schedule 4 to the Youth Justice and Criminal Evidence Act 1999;

(b) sections 9(6) and 18(2) of, and paragraph 3 of Schedule 7 to, the Corporate Insolvency and Governance Act 2020.

Companies in relation to which a voluntary arrangement may be made

15

In Article 14(6) (certain companies in relation to which an arrangement may not be made), for “outside Northern Ireland” substitute “outside the United Kingdom”.

Application for winding up

16

(1) In Article 104 (application for winding up), for paragraph (1) substitute—

(1) An application to the High Court for the winding up of a company may only be made by petition presented by any or all of the persons mentioned in paragraph (1A), together or separately; but this is subject to the following provisions of this Article. (1A) The persons are— (a) the company; (b) the directors; (c) any creditor or creditors (including any contingent or prospective creditor or creditors); (d) any contributory or contributories; (e) the chief clerk or a collection officer in the exercise of the power mentioned in section 35(4A) and (4B) of the Criminal Justice Act (Northern Ireland) 1945 (enforcement of fines imposed on companies); (f) a clerk of petty sessions or a collection officer in the exercise of the power mentioned in Article 92A(1) and (1A) of the Magistrates' Courts (Northern Ireland) Order 1981 (enforcement of fines imposed on companies).

(2) In consequence of sub-paragraph (1), omit—

(a) paragraph 16 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1994;

(b) regulation 9 of the Insolvency (Northern Ireland) Order 1989 (Amendment No. 2) Regulations (Northern Ireland) 2002.

Holders of office to be qualified insolvency practitioners

17

In Article 194 (holders of office to be qualified insolvency practitioners), in paragraph (2), for “so qualified” substitute “qualified to act as an insolvency practitioner in relation to the company”.

Adjudicators in England and Wales: consequential amendments

18

(1) Article 349 (persons not qualified to act as insolvency practitioners) is amended as follows.

(2) In paragraph (3)(a), after “security” insert “for the proper performance of the practitioner’s functions”.

(3) For paragraph (4)(a) (bankrupts, etc) substitute—

(a) any of the following is the case— (i) the person has been adjudged bankrupt under this Order, (ii) the person has been made bankrupt under the 1986 Act, or (iii) sequestration of the person’s estate has been awarded, and (in each case) the person has not been discharged,

(4) For paragraph (4)(c) (mental capacity, etc) substitute—

(c) he lacks capacity (within the meaning of the Mental Capacity (Northern Ireland) Act 2016) to act as an insolvency practitioner, (d) he is a patient within the meaning of section 329(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 or has had a guardian appointed to him under the Adults with Incapacity (Scotland) Act 2000 (asp 4), or (e) he lacks capacity (within the meaning of the Mental Capacity Act 2005) to act as an insolvency practitioner.

(5) Until the coming into force of the repeal, by the Mental Capacity (Northern Ireland) Act 2016, of Part 8 of the Mental Health (Northern Ireland) Order 1986, Article 349(4)(c) (as inserted by sub-paragraph (4)) has effect as if it read “he is a patient within the meaning of Part 8 of the Mental Health (Northern Ireland) Order 1986,”.

19

In Article 24 of the Insolvency (Northern Ireland) Order 2005 (power to make orders in relation to disqualification provisions), for paragraph (9)(a) (definition of “bankrupt” in Northern Ireland and England and Wales) substitute—

(a) who has been adjudged bankrupt by the High Court, (aa) who has been made bankrupt in England and Wales (under Part 9 of the Insolvency Act 1986),

20

In Article 15 of the Company Directors Disqualification (Northern Ireland) Order 2002 (undischarged bankrupts), in paragraph (1B)(b) (meaning of “the court” for the purposes of granting leave in England and Wales or Scotland), for paragraph (i) substitute—

(i) the court by which the bankruptcy order was made or (if the order was not made by a court) the court to which a debtor may appeal against a refusal to make a bankruptcy order, or

Removal of reference to repealed provision

21

In Article 362(1)(b) (power to specify amounts for the purposes of certain provisions), omit the reference to Article 332(2)(a).

Penalties and proceedings for certain offences under the 1989 Order

22

In Article 373(4) (disapplication of section 20(2) of the 1954 Act to certain offences under the 1989 Order)—

(a) after “172(1)” insert “and (2)”;

(b) after “174(1)” insert “and (2)”.

23

In Article 374(2) (time limit for summary proceedings)—

(a) omit “84(4)”;

(b) after “172(1)” insert “and (2)”;

24

(1) Schedule 7 (punishment of offences) is amended as follows.

(2) After the entry for Article 172(1) insert—

172(2)	Officer of company accounting for property by fictitious losses or expenses.	1. On indictment. 2. Summary.	7 years or a fine, or both. 6 months or the statutory maximum, or both.	-

(3) In the entry for Article 174(1), after “affairs” insert “in the course of winding up”.

(4) After the entry for Article 174(1) insert—

174(2)	Officer of company making material omission from statement relating to company’s affairs prior to winding up.	1. On indictment. 2. Summary.	7 years or a fine, or both. 6 months or the statutory maximum, or both.	-

Administration

25

Schedule B1 (administration) is amended as follows.

26

In paragraph 13 (administration application), for sub-paragraph (1)(d) and (e) substitute—

(d) the chief clerk or a collection officer in the exercise of the power mentioned in section 35(4A) and (4B) of the Criminal Justice Act (Northern Ireland) 1945 (enforcement of fines imposed on companies), (e) a clerk of petty sessions or a collection officer in the exercise of the power mentioned in Article 92A(1) and (1A) of the Magistrates' Courts (Northern Ireland) Order 1981 (enforcement of fines imposed on companies), or

27

In paragraph 44(5) (moratorium on other legal process), for “execution” substitute “application to enforce judgment”.

28

In paragraph 65A(1) (administration after moratorium), after “any moratorium” insert “for the company”.

29

Omit—

(a) paragraph 74(2)(d) and the “or” immediately before it;

(b) paragraph 75(6)(ba).

Amendment consequential on Small Business, Enterprise and Employment Act 2015

30

In Schedule 5 (provision that may be included in company insolvency rules), in paragraph 26, for “Article 10(4)” substitute “Article 10A”.

Schedule 4 — Insolvent Partnerships: Amendments to Schedules to the 1995 Order

Part 1 — Amendments to Schedule 1

1

This Part of this Schedule amends Schedule 1 to the 1995 Order, which sets out modified Articles 14 to 20B of the Insolvency (Northern Ireland) Order 1989 (“the 1989 Order”).

Amendments in consequence of repeal of Article 348A by paragraph 15 of Schedule 3 to the Insolvency (Amendment) Act (Northern Ireland) 2016

2

In Part 1 of Schedule 1—

(a) in modified Article 14(2), omit “or authorised to act as nominee,”;

(b) in modified Article 15(5), omit “, or authorised to act as nominee,”;

(d) in modified Article 20(5), omit “or authorised to act as supervisor,”.

Part 2 — Amendments to Schedule 2

11

(1) This Part of this Schedule amends Schedule 2 to the 1995 Order, which sets out modified provisions of Schedules B1 and 1 to the 1989 Order.

(2) References in this Part to a numbered paragraph are to that paragraph of Schedule 2 to the 1995 Order, except where otherwise stated.

12

(1) For paragraph 1 substitute—

(1) Paragraphs 2 to 56 set out modified provisions of Schedule B1 to the Order; and paragraph 57 sets out modified Schedule 1 to the Order.

(2) In consequence of the amendment made by sub-paragraph (1)—

(a) before paragraph 2 insert—

; and

(b) before paragraph 57 insert—

13

In modified paragraph 1(1) of Schedule B1 (set out in paragraph 2), omit the definitions of “correspondence” and “creditors’ meeting”.

14

In modified paragraph 14(1) of Schedule B1 (set out in paragraph 8), for “applicable” substitute “application”.

15

After paragraph 12 insert—

(12A) Paragraph 26A is modified to read as follows— (26A) (1) Paragraph 26(a) does not prevent the appointment of an administrator of a partnership if the petition for the winding up of the partnership was presented after the person proposing to make the appointment filed the notice of intention to appoint with the High Court under paragraph 28. (2) But sub-paragraph (1) does not apply if the petition was presented under a provision mentioned in paragraph 43(5).

16

In modified paragraph 41 of Schedule B1 (set out in paragraph 21), omit sub-paragraphs (2) and (3).

17

After paragraph 21 insert—

(21A) Omit paragraph 42.

18

In modified paragraph 43(5)(b) of Schedule B1 (set out in paragraph 22), for “Financial Services Authority” substitute “Financial Conduct Authority or Prudential Regulation Authority”.

19

In modified paragraph 44(5) of Schedule B1 (set out in paragraph 23), after “legal proceedings” insert “, application to enforce judgment”.

20

In modified paragraph 50(4)(b) of Schedule B1 (set out in paragraph 27), after “partnership” insert “, other than an opted-out creditor,”.

21

(1) Modified paragraph 53 of Schedule B1 (set out in paragraph 28) is amended as follows.

(2) In sub-paragraph (2), for the words from “summon” to “requested” substitute “seek a decision from the partnership’s creditors as to whether they approve the proposals set out in the statement made under paragraph 50(1) if requested to do so”.

(3) For sub-paragraph (3) substitute—

(3) Where a decision is sought by virtue of sub-paragraph (2) the initial decision date (as defined in paragraph 52(3)) must be within the prescribed period.

22

In modified paragraph 56 of Schedule B1 (set out in paragraph 29), for sub-paragraph (1) substitute—

(1) This paragraph applies where an administrator— (a) reports to the High Court under paragraph 54 that a partnership’s creditors have failed to approve the administrator’s proposals, or (b) reports to the Court under paragraph 55 that a partnership’s creditors have failed to approve a revision of the administrator’s proposals.

23

(1) Modified paragraph 75 of Schedule B1 (set out in paragraph 36) is amended as follows.

(2) In sub-paragraph (2), for “effectively” substitute “efficiently”.

(3) For sub-paragraph (4)(c) substitute—

(c) require a decision of the partnership’s creditors to be sought on a matter;

24

In modified paragraph 81(4) of Schedule B1 (set out in paragraph 37), after “partnership” insert “, other than an opted-out creditor,”.

25

In modified paragraph 83(1)(b) of Schedule B1 (set out in paragraph 38), for “Financial Services Authority” substitute “Financial Conduct Authority or Prudential Regulation Authority”.

26

In modified paragraph 85(4) of Schedule B1 (set out in paragraph 40), after “creditor” insert “, other than an opted-out creditor,”.

27

In modified paragraph 88(2)(a) of Schedule B1 (set out in paragraph 41), for “or”, in the first place that it occurs, substitute “to”.

28

In modified paragraph 98 of Schedule B1 (set out in paragraph 50), for sub-paragraphs (2) and (3) substitute—

(2) The administrator may be replaced by a decision of the creditors made by a qualifying decision procedure. (3) The decision has effect only if, before the decision is made, the new administrator has consented to act in writing.

29

In modified paragraph 99 of Schedule B1 (set out in paragraph 51), for sub-paragraphs (2) and (3) substitute—

(1A) The discharge provided by sub-paragraph (1) takes effect in accordance with sub-paragraphs (2) to (2C). (2) In the case of an administrator who dies, the discharge takes effect on the filing with the High Court of notice of his or her death. (2A) In the case of an administrator who was appointed under paragraph 23 and who has not made a statement under paragraph 53(1)(b), the discharge takes effect at a time appointed— (a) by resolution of the creditors’ committee, or (b) if there is no such committee, by resolution of the creditors. (2B) In the case of an administrator who was appointed under paragraph 23 and who has made a statement under paragraph 53(1)(b), the discharge takes effect at a time decided by the relevant creditors (as to which, see sub-paragraphs (3) and (3A)). (2C) In any case, the discharge takes effect at such time as may be specified by the Court. (3) For the purposes of sub-paragraph (2B), the “relevant creditors” are the secured creditors of the partnership, unless sub-paragraph (3A) applies. (3A) If the administrator has made a distribution to preferential creditors, or thinks that a distribution may be made to preferential creditors, the “relevant creditors” are— (a) the secured creditors of the partnership, and (b) the preferential creditors of the partnership.

30

(1) Modified paragraph 99 of Schedule B1 (as amended by paragraph 29 above) is further amended as follows.

(2) In sub-paragraph (2A)(b), for “resolution” substitute “decision”.

(3) After sub-paragraph (3A) insert—

(3B) In a case where the administrator is removed from office, a decision of the creditors for the purposes of sub-paragraph (2A)(b), or of the preferential creditors for the purposes of sub-paragraph (2B), must be made by a qualifying decision procedure.

31

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