Search Legislation

Insolvency (Amendment) Act (Northern Ireland) 2016

Status:

This is the original version (as it was originally enacted).

Definition of debt

This section has no associated Explanatory Notes

9.—(1) The Insolvency Order is amended as follows.

(2) In Article 2 (general interpretation), for paragraph (3) substitute—

(3) In determining for the purposes of any provision of this Order whether any liability in tort is a bankruptcy debt, the bankrupt is deemed to become subject to that liability by reason of an obligation incurred at the time when the cause of action accrued.

(3A) In determining for the purposes of any provision in this Order whether any liability in tort is a debt provable in the winding up of a company or where a company is in administration, that liability is provable if either—

(a)the cause of action has accrued—

(i)in the case of a winding up which was not immediately preceded by an administration, at the date on which the company went into liquidation;

(ii)in the case of a winding up which was immediately preceded by an administration, at the date on which the company entered administration;

(iii)in the case of an administration which was not immediately preceded by a winding up, at the date on which the company entered administration;

(iv)in the case of an administration which was immediately preceded by a winding up, at the date on which the company went into liquidation; or

(b)all the elements necessary to establish the cause of action exist at that date except for actionable damage..

(3) In Article 5(1) (interpretation for Parts 2 to 7), in the definition of “debt”—

(a)for “Article 2(3)” substitute “Article 2(3A)”;

(b)in sub-paragraph (a) for the words from “date” to the end substitute “relevant date;”;

(c)in sub-paragraph (b) for “that date” in the first place it occurs substitute “the relevant date”;

(d)in sub-paragraph (c) for the words from “company” to the end substitute “relevant date;”.

(4) In Article 5, after paragraph (1) insert—

(1A) For the purposes of the definition of “debt” in paragraph (1), “the relevant date” means—

(a)in the case of a winding up which was not immediately preceded by an administration, the date on which the company went into liquidation;

(b)in the case of a winding up which was immediately preceded by an administration, the date on which the company entered administration;

(c)in the case of an administration which was not immediately preceded by a winding up, the date on which the company entered administration;

(d)in the case of an administration which was immediately preceded by a winding up, the date on which the company went into liquidation..

(5) In Article 347 (the relevant date), after paragraph (6) insert—

(7) Nothing in this Article affects the definition of “the relevant date” in Article 5(1A)..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources