The Companies (Northern Ireland) Order 1989

Articles 25(2), 36.

SCHEDULE 4 AMENDMENTS

PART I AMENDMENTS CONSEQUENTIAL ON PART II

The Insolvency Act 1986 (c. 45)

1.  In section 426(10)(c) (co-operation between courts exercising jurisdiction in relation to insolvency) at the end insert “or Part II of the Companies (Northern Ireland) Order 1989”.

The Companies (Northern Ireland) Order 1986 (NI 6)

2.  In Article 2A (relationship of this Order to Insolvency Order)—

(a) in paragraph (2) at the end insert “and Part II of the Companies (Northern Ireland) Order 1989”;

(b) in paragraph (3) at the end insert “and Part II of the Companies (Northern Ireland) Order 1989”.

3.  In Article 434(1) (inspector’s report to be evidence) at the end insert “and in proceedings on an application under Article 11 of the Companies (Northern Ireland) Order 1989, as evidence of any fact stated in the report”.

4.  After Article 442(1)(a) (provision for security of information obtained) insert—

“(b) with a view to the institution of, or otherwise for the purposes of, any proceedings on an application under Articles 9, 10 or 11 of the Companies (Northern Ireland) Order 1989;”.

The Banking Act 1987 (c. 22)

5.  In section 85(1)(e) (permitted disclosure of information) after “1986” insert “or Article 10 or 11 of the Companies (Northern Ireland) Order 1989”.

PART II MISCELLANEOUS MINOR AMENDMENTS TO THE COMPANIES (NORTHERN IRELAND) ORDER 1986 AND AMENDMENTS CONSEQUENTIAL ON PART III

The Companies (Northern Ireland) Order 1986 (NI 6)

6.  In Article 9(1) (definition of “director”) for “named” substitute “name”.

7.  In Article 388(4)(h) (registration, etc., of resolutions and agreements) for “or revoking” substitue “, revoking or renewing”.

8.  In Article 436(1) (provisions applicable on investigation under Article 435) for “to (4)” substitute “and (3)”.

9.  After Article 442(3)(c) (provision for security of information obtained) insert—

“(cc) an inspector appointed under Part XIV of the Companies Act 1985 by the Secretary of State;”.

10.  In Article 445(2) (privileged information) after “legal” insert “professional”.

11.  In Schedule 21 (provisions applying to unregistered companies)—

(a) in the entry relating to Article 29, in column 2, for “registered” substitute “recorded”;

(b) in the entry relating to Article 46(4), in column 1 for “46(4)” substitute “46(3)”;

(c) in the entry relating to Articles 351 to 355, in column 3 insert “subject to Article 667(3)”;

(d) in the entry relating to Article 359(1), (2) and (5)(a), in column 1 for “(5)(a)” substitute “(3)(a)”;

(e) in the entry relating to Articles 424 to 437 and 445(1), in column 1 for “437” substitute “438”.

The Banking Act 1987 (c. 22)

12.  In the Table in section 84(1) (disclosure of information to facilitate in discharge of supervisory functions) in the entry relating to an inspector appointed by the Department of Economic Development in Northern Ireland, in column 2 for “that Order” substitute “the Companies (Northern Ireland) Order 1986 and Article 16A of the Company Securities (Insider Dealing) (Northern Ireland) Order 1986”.

13.  In section 87(3)(a) (disclosure of information obtained under the Companies Order) for “Secretary of State” substitute “Department of Economic Development in Northern Ireland”.