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Limited Liability Partnerships Act (Northern Ireland) 2002

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This is the original version (as it was originally enacted).

Regulations

Insolvency and winding up

10.—(1) Regulations shall make provision about the insolvency and winding up of limited liability partnerships by applying or incorporating, with such modifications as appear appropriate, Parts II to V, VII and VIII of the Insolvency (Northern Ireland) Order 1989 (NI 19).

(2) Regulations may make other provision about the insolvency and winding up of limited liability partnerships, and provision about the insolvency and winding up of oversea limited liability partnerships, by—

(a)applying or incorporating, with such modifications as appear appropriate, any law relating to the insolvency or winding up of companies or other corporations which would not otherwise have effect in relation to them, or

(b)providing for any law relating to the insolvency or winding up of companies or other corporations which would otherwise have effect in relation to them not to apply to them or to apply to them with such modifications as appear appropriate.

(3) In this Act “oversea limited liability partnership” means a body incorporated or otherwise established outside Northern Ireland and having such connection with Northern Ireland, and such other features, as regulations may prescribe.

Application of company law etc.

11.  Regulations may make provision about limited liability partnerships and oversea limited liability partnerships (not being provision about insolvency or winding up) by—

(a)applying or incorporating, with such modifications as appear appropriate, any law relating to companies or other corporations which would not otherwise have effect in relation to them,

(b)providing for any law relating to companies or other corporations which would otherwise have effect in relation to them not to apply to them or to apply to them with such modifications as appear appropriate, or

(c)applying or incorporating, with such modifications as appear appropriate, any law relating to partnerships.

Consequential amendments

12.—(1) Regulations may make in any statutory provision such amendments or repeals as appear appropriate in consequence of this Act or regulations made under it.

(2) The regulations may, in particular, make amendments and repeals affecting companies or other corporations or partnerships.

General

13.—(1) In this Act “regulations” means regulations made by the Department.

(2) Regulations under this Act may in particular—

(a)make provision for dealing with non-compliance with any of the regulations (including the creation of criminal offences),

(b)impose fees (which shall be paid into the Consolidated Fund), and

(c)provide for the exercise of functions by persons prescribed by the regulations.

(3) Regulations under this Act may—

(a)contain any appropriate consequential, incidental, supplementary or transitional provisions or savings, and

(b)make different provision for different purposes.

(4) No regulations to which this subsection applies shall be made unless a draft of the regulations (whether or not together with other provisions) has been laid before, and approved by a resolution of, the Assembly.

(5) Subsection (4) applies to—

(a)regulations under section 10(2) not consisting entirely of the application or incorporation (with or without modifications) of provisions contained in or made under the Insolvency (Northern Ireland) Order 1989 (NI 19),

(b)regulations under section 11 not consisting entirely of the application or incorporation (with or without modifications) of provisions contained in or made under Part I, Part II, Chapter VIII of Part VI, Part VIII, Parts XII to XIV, Part XVII, Part XVIII, Part XX, Part XXIV or Part XXV of the Companies (Northern Ireland) Order 1986 (NI 6),

(c)regulations under section 10 or 11 making provision about oversea limited liability partnerships, and

(d)regulations under section 12.

(6) A statutory rule containing regulations under this Act shall (unless a draft of it has been approved by a resolution of the Assembly) be subject to negative resolution.

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