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The Insolvency (Northern Ireland) Order 1989

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  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.General interpretation

    3. 2A. Proceedings under EC Regulation: modified definition of property

    4. 3.“Act as insolvency practitioner”

    5. 4.“Associate”

    6. Interpretation for Parts II to VII

      1. 5.Interpretation

      2. 6.“Insolvency” and“go into liquidation”

      3. 7.“Connected with a company”

      4. 8.“Member of a company”

    7. Interpretation for Parts VIII to X

      1. 9.Interpretation

      2. 10.“Security”, etc.

      3. 11.“Bankrupt's estate”

    8. Interpretation for this Order and the Companies Order

      1. 12.“Receiver or manager”

      2. 13.“Contributory”

  3. PARTS II TO VII COMPANY INSOLVENCY; COMPANIES WINDING UP

  4. PART II COMPANY VOLUNTARY ARRANGEMENTS

    1. The proposal

      1. 14.Those who may propose an arrangement

      2. 14A. Moratorium

      3. 15.Procedure where nominee is not the liquidator or administrator

      4. 16.Summoning of meetings

    2. Consideration and implementation of proposal

      1. 17.Decisions of meetings

      2. 17A. Approval of arrangement

      3. 18.Effect of approval

      4. 19.Challenge of decisions

      5. 19A. False representations, etc.

      6. 20.Implementation of proposal

      7. 20A. Prosecution of delinquent officers of company

      8. 20B.Arrangements coming to an end prematurely

  5. PART III ADMINISTRATION

    1. 21.Administration

  6. PART III ADMINISTRATION ORDERS

    1. Making, etc., of administration order

      1. 22.Application for order

      2. 23.Effect of application

      3. 24.Effect of order

      4. 25.Notification of order

    2. Administrators

      1. 26.Appointment of administrator

      2. 27.General powers

      3. 28.Power to deal with charged property, etc.

      4. 29.General duties

      5. 30.Discharge or variation of administration order

      6. 31.Vacation of office

      7. 32.Release of administrator

    3. Ascertainment and investigation of company's affairs

      1. 33.Information to be given by administrator

      2. 34.Statement of affairs to be submitted to administrator

    4. Administrator's proposals

      1. 35.Statement of proposals

      2. 36.Consideration of proposals by creditors' meeting

      3. 37.Approval of substantial revisions

    5. Miscellaneous

      1. 38.Creditors' committee

      2. 39.Protection of interests of creditors and members

  7. PART IV RECEIVERSHIPRECEIVERS AND MANAGERS

    1. General Provisions

      1. 40.Disqualification of body corporate from acting as receiver

      2. 41.Disqualification of bankrupt

      3. 42.Power of High Court to appoint official receiver

    2. Receivers and managers appointed out of court

      1. 43.Time from which appointment is effective

      2. 44.Liability for invalid appointment

      3. 45.Application to High Court for directions

      4. 46.Power of High Court to fix remuneration

      5. 47.Liability for contracts, etc.

      6. 48.Receivership accounts to be delivered to registrar

    3. Provisions applicable to every receivership

      1. 49.Notification that receiver or manager appointed

      2. 50.Payment of debts out of assets subject to floating charge

      3. 51.Enforcement of duty to make returns

    4. Administrative receivers: general

      1. 52.General powers

      2. 53.Power to dispose of charged property, etc.

      3. 54.Agency and liability for contracts

      4. 55.Vacation of office

    5. Administrative receivers: ascertainment and investigation of company's affairs

      1. 56.Information to be given by administrative receiver

      2. 57.Statement of affairs to be submitted

      3. 58.Report by administrative receiver

      4. 59.Committee of creditors

    6. Prohibition of appointment of administrative receiver

      1. 59A.Floating charge holder not to appoint administrative receiver

      2. 59B.First exception: capital market

      3. 59C.Second exception: public-private partnership

      4. 59D.Third exception: utilities

      5. 59E.Fourth exception: urban regeneration projects

      6. 59F.Fifth exception: project finance

      7. 59G.Sixth exception: financial market

      8. 59H.Seventh exception: registered housing association

      9. 59I.Eighth exception: licence companies

      10. 59J.Articles 59A to 59I: supplementary

  8. PART V WINDING UP OF COMPANIES REGISTERED UNDER THE COMPANIES ORDERS

    1. CHAPTER I PRELIMINARY

      1. Modes of winding up

        1. 60.Alternative modes of winding up

      2. Contributories

        1. 61.Liability as contributories of present and past members

        2. 62.Directors with unlimited liability

        3. 63.Liability of past directors and shareholders

        4. 64.Limited company formerly unlimited

        5. 65.Unlimited company formerly limited

        6. 66.Nature of contributory's liability

        7. 67.Contributories in case of death of a member

        8. 68.Effect of contributory's bankruptcy

        9. 69.Companies registered under Companies Order, Part XXII, Chapter II

    2. CHAPTER II VOLUNTARY WINDING UP (INTRODUCTORY AND GENERAL)

      1. Resolutions for, and commencement of, voluntary winding up

        1. 70.Circumstances in which company may be wound up voluntarily

        2. 71.Notice of resolution to wind up voluntarily

        3. 72.Commencement of voluntary winding up

      2. Consequences of resolution to wind up

        1. 73.Effect on business and status of company

        2. 74.Avoidance of share transfers, etc., after winding‐up resolution

      3. Declaration of solvency

        1. 75.Statutory declaration of solvency

        2. 76.Distinction between “members'” and “creditors'” voluntary winding up

    3. CHAPTER III MEMBERS' VOLUNTARY WINDING UP

      1. 77.Appointment of liquidator

      2. 78.Power to fill vacancy in office of liquidator

      3. 79.General company meeting at each year's end

      4. 80.Final meeting prior to dissolution

      5. 81.Effect of company's insolvency

      6. 82.Conversion to creditors' voluntary winding up

    4. CHAPTER IV CREDITORS' VOLUNTARY WINDING UP

      1. 83.Application of this Chapter

      2. 84.Meeting of creditors

      3. 85.Directors to lay statement of affairs before creditors

      4. 86.Appointment of liquidator

      5. 87.Appointment of liquidation committee

      6. 88.Creditors' meeting where winding up converted under Article 82

      7. 89.Cesser of directors' powers

      8. 90.Vacancy in office of liquidator

      9. 91.Meetings of company and creditors at each year's end

      10. 92.Final meeting prior to dissolution

    5. CHAPTER V PROVISIONS APPLYING TO BOTH KINDS OF VOLUNTARY WINDING UP

      1. 93.Distribution of company's property

      2. 94.Appointment or removal of liquidator by the High Court

      3. 95.Notice by liquidator of his appointment

      4. 96.Acceptance of shares, etc., as consideration for sale of company's property

      5. 97.Dissent from arrangement under Article 96

      6. 98.Reference of questions to the High Court

      7. 99.No liquidator appointed or nominated by company

      8. 100.Expenses of voluntary winding up

      9. 101.Saving for certain rights

    6. CHAPTER VI WINDING UP BY THE HIGH COURT

      1. Grounds and effect of winding‐up petition

        1. 102.Circumstances in which company may be wound up by the High Court

        2. 103.Definition of inability to pay debts; the statutory demand

        3. 104.Application for winding up

        4. 104A. Petition for winding up on grounds of public interest

        5. 104B. Petition for winding up of SE

        6. 104C.Petition for winding up of SCE

        7. 105.Powers of High Court on hearing of petition

        8. 106.Power to stay or restrain proceedings against company

        9. 107.Avoidance of property dispositions, etc.

        10. 108.Avoidance of sequestration or distress

      2. Commencement of winding up

        1. 109.Commencement of winding up by the High Court

        2. 110.Consequences of winding‐up order

      3. Investigation procedures

        1. 111.Company's statement of affairs

        2. 112.Investigation by official receiver

        3. 113.Public examination of officers

        4. 114.Enforcement of Article 113

      4. Appointment of liquidator

        1. 115.Appointment and powers of provisional liquidator

        2. 116.Functions of official receiver in relation to office of liquidator

        3. 117.Appointment by Department

        4. 118.Choice of liquidator at meetings of creditors and contributories

        5. 119.Appointment by the High Court following administration or voluntary arrangement

      5. Liquidation committees

        1. 120.Liquidation committee

      6. The liquidator's functions

        1. 121.General functions in winding up by the High Court

        2. 122.Custody of company's property

        3. 123.Vesting of company property in liquidator

        4. 124.Duty to summon final meeting

      7. General powers of High Court

        1. 125.Power to stay winding up

        2. 126.Settlement of list of contributories and application of assets

        3. 127.Debts due from contributory to company

        4. 128.Power to make calls

        5. 129.Payment into bank of money due to company

        6. 130.Order on contributory to be conclusive evidence

        7. 131.Power to exclude creditors not proving in time

        8. 132.Adjustment of rights of contributories

        9. 133.Inspection of books by creditors, etc.

        10. 134.Payment of expenses of winding up

        11. 135.Power to arrest absconding contributory

        12. 136.Powers of High Court to be cumulative

        13. 137.Delegation of powers to liquidator

    7. CHAPTER VII LIQUIDATORS

      1. Preliminary

        1. 138.Style and title of liquidators

        2. 139.Corrupt inducement affecting appointment

      2. Liquidator's powers and duties

        1. 140.Voluntary winding up

        2. 141.Creditors' voluntary winding up

        3. 142.Winding up by the High Court

        4. 143.Supplementary powers

        5. 144.Enforcement of liquidator's duty to make returns, etc.

      3. Removal: vacation of office

        1. 145.Removal, etc. (voluntary winding up)

        2. 146.Removal, etc. (winding up by the High Court)

      4. Release of liquidator

        1. 147.Release (voluntary winding up)

        2. 148.Release (winding up by the High Court)

    8. CHAPTER VIII PROVISIONS OF GENERAL APPLICATION IN WINDING UP

      1. Preferential debts

        1. 149.Preferential debts (general provision)

        2. 150.Preferential charge on goods distrained

      2. Property subject to floating charge

        1. 150ZA.Payment of expenses of winding up

        2. 150A.Share of assets for unsecured creditors

      3. Special managers

        1. 151.Power to appoint special manager

      4. Disclaimer

        1. 152.Power to disclaim onerous property

        2. 153.Disclaimer of leaseholds

        3. 154.Land subject to rentcharge

        4. 155.Powers of High Court (general)

        5. 156.Powers of High Court (leaseholds)

      5. Miscellaneous matters

        1. 157.Rescission of contracts by the High Court

        2. 158.Power to make over assets to employees

        3. 159.Notification that company is in liquidation

        4. 160.Interest on debts

        5. 161.Company's books to be evidence

        6. 162.Information as to pending liquidations

        7. 163.Resolutions passed at adjourned meetings

        8. 164.Meeting to ascertain wishes of creditors or contributories

        9. 165.Affidavits, etc., in United Kingdom and elsewhere

    9. CHAPTER IX DISSOLUTION OF COMPANIES AFTER WINDING UP

      1. 166.Dissolution (voluntary winding up)

      2. 167.Early dissolution

      3. 168.Consequence of notice under Article 167

      4. 169.Dissolution otherwise than under Article 167

    10. CHAPTER X MALPRACTICE BEFORE AND DURING LIQUIDATION; PENALISATION OF COMPANIES AND COMPANY OFFICERS; INVESTIGATIONS AND PROSECUTIONS

      1. Offences of fraud, deception, etc.

        1. 170.Fraud, etc., in anticipation of winding up

        2. 171.Transactions in fraud of creditors

        3. 172.Misconduct in course of winding up

        4. 173.Falsification of company's books

        5. 174.Material omissions from statement relating to company's affairs

        6. 175.False representations to creditors

      2. Penalisation of directors and officers

        1. 176.Summary remedy against delinquent directors, liquidators, etc.

        2. 177.Fraudulent trading

        3. 178.Wrongful trading

        4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        5. 179.Proceedings under Articles 177 and 178

        6. 180.Restriction on re‐use of company names

        7. 181.Personal liability for debts, following contravention of Article 180

      3. Investigation and prosecution of malpractice

        1. 182.Prosecution of delinquent officers and members of company

        2. 183.Obligations arising under Article 182

  9. PART VI WINDING UP OF UNREGISTERED COMPANIES

    1. 184.Meaning of “unregistered company”

    2. 185.Winding up of unregistered companies

    3. 186.Inability to pay debts: unpaid creditor for £750 or more

    4. 187.Inability to pay debts: debt remaining unsatisfied after action brought

    5. 188.Inability to pay debts: other cases

    6. 189.Company incorporated outside Northern Ireland may be wound up though dissolved

    7. 190.Contributories in winding up of unregistered company

    8. 191.Power of High Court to stay or restrain proceedings

    9. 192.Actions stayed on winding‐up order

    10. 193.Provisions of this Part to be cumulative

  10. PART VII MISCELLANEOUS PROVISIONS APPLYING TO COMPANIES WHICH ARE INSOLVENT OR IN LIQUIDATION

    1. Office‐holders

      1. 194.Holders of office to be qualified insolvency practitioners

      2. 195.Appointment to office of two or more persons

      3. 196.Validity of office‐holder's acts

    2. Management by administrators, liquidators, etc.

      1. 197.Supplies of water, electricity, etc.

      2. 198.Getting in the company's property

      3. 199.Duty to co‐operate with office‐holder

      4. 200.Inquiry into company's dealings, etc.

      5. 201.High Court's enforcement powers under Article 200

    3. Adjustment of prior transactions (administration and liquidation)

      1. 202.Transactions at an undervalue

      2. 203.Preferences

      3. 204.“Relevant time” under Articles 202, 203

      4. 205.Orders under Articles 202, 203

      5. 206.Extortionate credit transactions

      6. 207.Avoidance of certain floating charges

      7. 208.Unenforceability of liens on books, etc.

  11. PARTS VIII TO X INSOLVENCY OF INDIVIDUALS; BANKRUPTCY

  12. PART VIII INDIVIDUAL VOLUNTARY ARRANGEMENTS

    1. CHAPTER I DEEDS OF ARRANGEMENT

      1. 209.Deeds of arrangement to which this Chapter applies

      2. Registration of deeds of arrangement

        1. 210.Registrar and deputy registrar

        2. 211.Mode of registration

        3. 212.Form of register

        4. 213.Rectification of register

      3. Avoidance of deeds of arrangement

        1. 214.Avoidance of unregistered deeds of arrangement

        2. 215.Avoidance of deeds of arrangement unless assented to by a majority of the creditors

        3. 216.Deeds otherwise void or voidable

      4. Provisions as to trustees

        1. 217.Notice to creditors of avoidance of deed

        2. 218.Trustee acting when deed of arrangement void

        3. 219.Protection of trustees under void deeds

        4. 220.Payment of expenses incurred by trustees

        5. 221.Security by trustee

        6. 222.Transmission of accounts

        7. 223.Preferential payment to creditor

      5. Miscellaneous

        1. 224.Applications to the High Court

        2. 225.Inspection of register, etc., certified copies and evidence

    2. CHAPTER II VOLUNTARY ARRANGEMENTS

      1. Moratorium for insolvent debtor

        1. 226.Interim order of High Court

        2. 227.Application for interim order

        3. 228.Effect of application

        4. 229.Cases in which interim order can be made

        5. 230.Nominee's report on debtor's proposal

      2. Procedure where no interim order made

        1. 230A.Debtor's proposal and nominee's report

      3. Creditors' meeting

        1. 231.Summoning of creditors' meeting

      4. Consideration and implementation of debtor's proposal

        1. 232.Decisions of creditors' meeting

        2. 233.Report of decisions to High Court

        3. 234.Effect of approval

        4. 235.Additional effect on undischarged bankrupt

        5. 236.Challenge of meeting's decision

        6. 236A. False representations etc.

        7. 236B.Prosecution of delinquent debtors

        8. 236C.Arrangements coming to an end prematurely

        9. 237.Implementation and supervision of approved voluntary arrangement

      5. Fast-track voluntary arrangement

        1. 237A.Availability

        2. 237B.Decision

        3. 237C.Result

        4. 237D.Approval of voluntary arrangement

        5. 237E.Implementation

        6. 237F.Revocation

        7. 237G.Offences

  13. PART IX BANKRUPTCY

    1. CHAPTER I BANKRUPTCY PETITIONS; BANKRUPTCY ORDERS

      1. Preliminary

        1. 238.Who may present a bankruptcy petition

        2. 239.Conditions to be satisfied in respect of debtor

        3. 240.Other preliminary conditions

      2. Creditor's petition

        1. 241.Grounds of creditor's petition

        2. 242.Definition of “inability to pay”, etc.; the statutory demand

        3. 243.Creditor with security

        4. 244.Expedited petition

        5. 245.Proceedings on creditor's petition

      3. Debtor's petition

        1. 246.Grounds of debtor's petition

        2. 247.Appointment of insolvency practitioner by the High Court

        3. 248.Action on report of insolvency practitioner

        4. 249.Summary administration

      4. Other cases for special consideration

        1. 250.Default in connection with voluntary arrangement

        2. 251.Petition in respect of a solicitor

      5. Commencement and duration of bankruptcy; discharge

        1. 252.Commencement and continuance

        2. 253.Duration

        3. 254.Discharge where bankrupt is a solicitor

        4. 255.Effect of discharge

        5. 255A.Post-discharge restrictions

        6. 256.Power of High Court to annul bankruptcy order

    2. CHAPTER II PROTECTION OF BANKRUPT'S ESTATE AND INVESTIGATION OF HIS AFFAIRS

      1. 256A.Bankrupt's home ceasing to form part of estate

      2. 257.Restrictions on dispositions of property

      3. 258.Restriction on proceedings and remedies

      4. 259.Power to appoint interim receiver

      5. 260.Receivership pending appointment of trustee

      6. 261.Statement of affairs

      7. 262.Investigatory duties of official receiver

      8. 263.Public examination of bankrupt

      9. 264.Duties of bankrupt in relation to official receiver

    3. CHAPTER III TRUSTEES IN BANKRUPTCY

      1. Tenure of office as trustee

        1. 265.Power to make appointments

        2. 266.Summoning of meeting to appoint first trustee

        3. 267.Power of creditors to requisition meeting

        4. 268.Failure of meeting to appoint trustee

        5. 269.Appointment of trustee by Department

        6. 270.Special cases

        7. 271.Removal of trustee; vacation of office

        8. 272.Release of trustee

        9. 273.Vacancy in office of trustee

      2. Control of trustee

        1. 274.Creditors' committee

        2. 275.Exercise by Department of functions of creditors' committee

        3. 276.General control of trustee by the High Court

        4. 277.Liability of trustee

    4. CHAPTER IV ADMINISTRATION BY TRUSTEE

      1. Preliminary

        1. 278.General functions of trustee

      2. Acquisition, control and realisation of bankrupt's estate

        1. 279.Vesting of bankrupt's estate in trustee

        2. 279A. Property subject to restraint order

        3. 279B. Property in respect of which receivership or administration order made

        4. 279C. Property subject to certain orders where confiscation order discharged or quashed

        5. 280.After‐acquired property

        6. 281.Vesting in trustee of certain items of excess value

        7. 282.Time‐limit for notice under Article 280 or 281

        8. 283.Income payments orders

        9. 283A.Income payments agreement

        10. 284.Acquisition by trustee of control

        11. 285.Obligation to surrender control to trustee

        12. 286.Charge on bankrupt's home

        13. 286A.Low value home: application for sale, possession or charge

        14. 287.Powers of trustee

      3. Disclaimer of onerous property

        1. 288.Disclaimer (general power)

        2. 289.Notice requiring trustee's decision

        3. 290.Disclaimer of leaseholds

        4. 291.Disclaimer of dwelling house

        5. 292.Disclaimer of land subject to rentcharge

        6. 293.High Court order vesting disclaimed property

        7. 294.Order under Article 293 in respect of leaseholds

      4. Distribution of bankrupt's estate

        1. 295.Proof of debts

        2. 296.Mutual credit and set‐off

        3. 297.Distribution by means of dividend

        4. 298.Claims by unsatisfied creditors

        5. 299.Distribution of property in specie

        6. 300.Priority of debts

        7. 301.Preferential charge on goods distrained

        8. 302.Debts to spouse or civil partner

        9. 303.Final distribution

        10. 304.Final meeting

        11. 305.Saving for bankrupt's home

      5. Supplemental

        1. 306.Duties of bankrupt in relation to trustee

        2. 307.Stay of distribution in case of second bankruptcy

        3. 308.Adjustment between earlier and later bankruptcy estates

    5. CHAPTER V EFFECT OF BANKRUPTCY ON CERTAIN RIGHTS, TRANSACTIONS, ETC.

      1. Rights of occupation

        1. 309.Rights of occupation, etc., of bankrupt's spouse or civil partner

        2. 310.Rights of occupation of bankrupt

        3. 311.Payments in respect of premises occupied by bankrupt

      2. Adjustment of prior transactions, etc.

        1. 312.Transactions at an undervalue

        2. 313.Preferences

        3. 314.“Relevant time” under Articles 312, 313

        4. 315.Orders under Articles 312, 313

        5. 315A. Recovery of excessive pension contributions

        6. 315B.Orders under Article 315A

        7. 315C.Orders under Article 315A: supplementary

        8. 315D. Recovery of excessive contributions in pension-sharing cases

        9. 315E.Orders under Article 312 or 313 in respect of pension-sharing transactions

        10. 315F.Orders under Article 312 or 313 in pension-sharing cases: supplementary

        11. 316.Extortionate credit transactions

        12. 317.Avoidance of general assignment of book debts

        13. 318.Contracts to which bankrupt is a party

        14. 319.Apprenticeships, etc.

        15. 320.Unenforceability of liens on books, etc.

        16. 320A. Arbitration agreements to which bankrupt is party.

    6. CHAPTER VI BANKRUPTCY OFFENCES

      1. Preliminary

        1. 321.Scheme of this Chapter

        2. 322.Definitions for the purposes of this Chapter

        3. 323.Defence of innocent intention

      2. Wrongdoing by the bankrupt before and after bankruptcy

        1. 324.Non‐disclosure

        2. 325.Concealment of property

        3. 326.Concealment of books and papers; falsification

        4. 327.False statements

        5. 328.Fraudulent disposal of property

        6. 329.Absconding

        7. 330.Fraudulent dealing with property obtained on credit

        8. 331.Obtaining credit; engaging in business

        9. 332.Failure to keep proper accounts of business

        10. 333.Gambling

    7. CHAPTER VII POWERS OF HIGH COURT IN BANKRUPTCY

      1. 334.General control of High Court

      2. 335.Power of arrest

      3. 336.Seizure of bankrupt's property

      4. 337.Inquiry into bankrupt's dealings and property

      5. 338.High Court's enforcement powers under Article 337

      6. 339.Provision corresponding to Article 337, where interim receiver appointed

      7. 340.Order for production of documents by Inland Revenue

      8. 341.Power to appoint special manager

      9. 342.Re‐direction of bankrupt's letters, etc.

  14. PART X INDIVIDUAL INSOLVENCY: GENERAL PROVISIONS

    1. 343.Supplies of water, electricity, etc.

    2. 344.Time‐limits

    3. 345.Formal defects

  15. PARTS XI TO XIV MISCELLANEOUS MATTERS BEARING ON BOTH COMPANY AND INDIVIDUAL INSOLVENCY

  16. PART XI PREFERENTIAL DEBTS IN COMPANY AND INDIVIDUAL INSOLVENCY

    1. 346.Categories of preferential debts

    2. 347.“The relevant date”

  17. PART XII INSOLVENCY PRACTITIONERS AND THEIR QUALIFICATION

    1. Restrictions on unqualified persons acting as liquidator, trustee in bankruptcy, etc.

      1. 348.Acting as insolvency practitioner without qualification

      2. 348A. Authorisation of nominees and supervisors

      3. 348B.Official receiver as nominee or supervisor

    2. The requisite qualification, and the means of obtaining it

      1. 349.Persons not qualified to act as insolvency practitioners

      2. 350.Recognised professional bodies

      3. 351.Authorisation by competent authority

      4. 352.Grant, refusal and withdrawal of authorisation

      5. 353.Notices

      6. 354.Right to make representations

  18. PART XIII PUBLIC ADMINISTRATION

    1. Official receivers

      1. 355.Appointment, etc., of official receivers

      2. 356.Functions and status of official receivers

      3. 357.Deputy official receivers

    2. Insolvency Account

      1. 358.Insolvency Account

      2. 358A.Adjustment of balances

    3. Insolvency rules

      1. 359.Insolvency rules

      2. 360.Committee to review rules under Article 359

    4. Fees

      1. 361.Fees orders

      2. 361A.Fees orders (supplementary)

    5. Specification, increase and reduction of money sums relevant in the operation of this Order

      1. 362.Monetary limits

    6. Insolvency practice

      1. 363.Regulations for purposes of Part XII

    7. Other order‐making powers

      1. 364.Insolvent partnerships

      2. 365.Insolvent estates of deceased persons

      3. 365A. Insolvent estates: joint tenancies

      4. 366.Formerly authorised banks

  19. PART XIV MISCELLANEOUS

    1. Provisions against debt avoidance

      1. 367.Transactions defrauding creditors

      2. 368.Those who may apply for an order under Article 367

      3. 369.Provision which may be made by order under Article 367

    2. Disqualifications, reviews and reports

      1. 370.Assembly disqualification

      2. 370A.Irrelevance of privilege

      3. 371.Review, etc., by High Court of its orders

      4. 372.Annual report

    3. Legal proceedings

      1. 373.Prosecution and punishment of offences

      2. 374.Summary proceedings

      3. 375.Admissibility in evidence of statements of affairs, etc.

    4. Supplemental

      1. 376.Judicial notice of court documents

      2. 377.Exemption from stamp duty

      3. 378.Crown application

      4. 379.Transitional provisions and savings

      5. Art.380 rep. by 1996 NI 16

      6. Art.381—Amendments

      7. Art.382—Repeals

  20. PART 15 SUPPLEMENTARY PROVISIONS

    1. 383.Introductory

    2. 384.Representation of corporations at meetings

    3. 385.Legal professional privilege

  21. SCHEDULES

    1. SCHEDULE A1

      MORATORIUM WHERE DIRECTORS PROPOSE VOLUNTARY ARRANGEMENT

      1. PART I INTRODUCTORY

        1. Interpretation

          1. 1.In this Schedule— the beginning of the moratorium has the...

        2. Eligible companies

          1. 2.(1) A company is eligible for a moratorium if it...

          2. 3.(1) A company meets the requirements of this paragraph if...

          3. 4.(1) A company is excluded from being eligible for a...

        3. Capital market arrangement

          1. 5.A company is also excluded from being eligible for a...

        4. Public private partnership

          1. 6.A company is also excluded from being eligible for a...

        5. Liability under an arrangement

          1. 7.(1) A company is also excluded from being eligible for...

        6. Interpretation of capital market arrangement

          1. 8.(1) For the purposes of paragraph 5 an arrangement is...

        7. Capital market investment

          1. 9.(1) For the purposes of paragraphs 5 and 8, an...

          2. 10.(1) For the purposes of paragraphs 5 and 8 an...

        8. Debt

          1. 11.The debt of at least £10 million referred to in...

        9. Interpretation of project company

          1. 12.(1) For the purposes of paragraph 6 a company is...

        10. Public-private partnership project

          1. 13.(1) In paragraph 6 public-private partnership project means a project—...

        11. Step-in rights

          1. 14.(1) For the purposes of paragraph 6 a project has...

        12. “Person”

          1. 15.For the purposes of paragraphs 5 to 14, a reference...

          2. 16.(1) The Department may by regulations modify the qualifications for...

      2. PART II OBTAINING A MORATORIUM

        1. Nominee's statement

          1. 17.(1) Where the directors of a company wish to obtain...

        2. Documents to be submitted to High Court

          1. 18.(1) To obtain a moratorium the directors of a company...

        3. Duration of moratorium

          1. 19.(1) A moratorium comes into force when the documents for...

        4. Notification of beginning of moratorium

          1. 20.(1) When a moratorium comes into force, the directors shall...

          2. 21.(1) When a moratorium comes into force, the nominee shall,...

        5. Notification of end of moratorium

          1. 22.(1) When a moratorium comes to an end, the nominee...

      3. PART III EFFECTS OF MORATORIUM

        1. Effect on creditors, etc.

          1. 23.(1) During the period for which a moratorium is in...

          2. 24.(1) This paragraph applies where there is an uncrystallised floating...

          3. 25.Security granted by a company at a time when a...

        2. Effect on company

          1. 26.(1) Paragraphs 27 to 33 apply in relation to a...

        3. Company invoices, etc.

          1. 27.(1) Every invoice, order for goods or services, business letter...

        4. Obtaining credit during moratorium

          1. 28.(1) The company may not obtain credit to the extent...

        5. Disposals and payments

          1. 29.(1) Subject to sub-paragraph (2), the company may only dispose...

          2. 30.(1) Subject to sub-paragraph (2), the company may only make...

        6. Disposal of charged property, etc.

          1. 31.(1) This paragraph applies where— (a) any property of the...

          2. 32.(1) If the company— (a) without any consent or leave...

        7. Market contracts, etc.

          1. 33.(1) If the company enters into any transaction to which...

      4. PART IV NOMINEES

        1. Monitoring of company's activities

          1. 34.(1) During a moratorium, the nominee shall monitor the company's...

        2. Withdrawal of consent to act

          1. 35.(1) The nominee may only withdraw his consent to act...

        3. Challenge of nominee's actions, etc.

          1. 36.(1) If any creditor, director or member of the company,...

          2. 37.(1) Where there are reasonable grounds for believing that—

        4. Replacement of nominee by High Court

          1. 38.(1) The High Court may— (a) on an application made...

      5. PART V CONSIDERATION AND IMPLEMENTATION OF VOLUNTARY ARRANGEMENT

        1. Summoning of meetings

          1. 39.(1) Where a moratorium is in force, the nominee shall...

        2. Conduct of meetings

          1. 40.(1) Subject to the provisions of paragraphs 41 to 45,...

        3. Approval of voluntary arrangement

          1. 41.(1) The meetings summoned under paragraph 39 shall decide whether...

        4. Extension of moratorium

          1. 42.(1) Subject to sub-paragraph (2), a meeting summoned under paragraph...

          2. 43.(1) The conditions which may be imposed when a moratorium...

          3. 44.(1) If a decision to extend, or further extend, the...

        5. Moratorium committee

          1. 45.(1) A meeting summoned under paragraph 39 which resolves that...

        6. Effectiveness of decisions

          1. 46.(1) Sub-paragraph (2) applies to references to one of the...

        7. Effect of approval of voluntary arrangement

          1. 47.(1) This paragraph applies where a decision approving a voluntary...

        8. Challenge of decisions

          1. 48.(1) Subject to the following provisions of this paragraph, any...

        9. Implementation of voluntary arrangement

          1. 49.(1) This paragraph applies where a voluntary arrangement approved by...

      6. PART VI MISCELLANEOUS

        1. Challenge of directors' actions

          1. 50.(1) This paragraph applies in relation to acts or omissions...

        2. Offences

          1. 51.(1) This paragraph applies where a moratorium has been obtained...

          2. 52.(1) If, for the purpose of obtaining a moratorium, or...

        3. Void provisions in floating charge documents

          1. 53.(1) A provision in an instrument creating a floating charge...

        4. Functions of the Financial Services Authority

          1. 54.(1) This Schedule has effect in relation to a moratorium...

        5. Subordinate legislation

          1. 55.(1) Regulations made by the Department under this Schedule may...

    2. SCHEDULE B1

      ADMINISTRATION

      1. ARRANGEMENT OF SCHEDULE

      2. INTRODUCTORY

        1. Interpretation

          1. 1.(1) In this Schedule— “ administrative receiver ” has the...

        2. Non-UK companies

          1. 1A.A company incorporated outside Northern Ireland that has a principal...

      3. NATURE OF ADMINISTRATION

        1. Administration

          1. 2.(1) For the purposes of this Order “ administrator ”...

          2. 3.A person may be appointed as administrator of a company—...

        2. Purpose of administration

          1. 4.(1) The administrator of a company must perform his functions...

          2. 5.The administrator of a company must perform his functions as...

        3. Status of administrator

          1. 6.An administrator is an officer of the High Court (whether...

        4. General restrictions

          1. 7.A person may be appointed as administrator of a company...

          2. 8.A person may not be appointed as administrator of a...

          3. 9.(1) A person may not be appointed as administrator of...

          4. 10.(1) A person may not be appointed as administrator of...

      4. APPOINTMENT OF ADMINISTRATOR BY HIGH COURT

        1. Administration order

          1. 11.An administration order is an order appointing a person as...

        2. Conditions for making order

          1. 12.The High Court may make an administration order in relation...

        3. Administration application

          1. 13.(1) An application to the High Court for an administration...

        4. Powers of High Court

          1. 14.(1) On hearing an administration application the High Court may—...

      5. APPOINTMENT OF ADMINISTRATOR BY HOLDER OF FLOATING CHARGE

        1. Power to appoint

          1. 15.(1) The holder of a qualifying floating charge in respect...

        2. Restrictions on power to appoint

          1. 16.(1) A person may not appoint an administrator under paragraph...

          2. 17.An administrator may not be appointed under paragraph 15 while...

          3. 18.An administrator of a company may not be appointed under...

        3. Notice of appointment

          1. 19.(1) A person who appoints an administrator of a company...

        4. Commencement of appointment

          1. 20.The appointment of an administrator under paragraph 15 takes effect...

          2. 21.A person who appoints an administrator under paragraph 15—

        5. Invalid appointment: indemnity

          1. 22.(1) This paragraph applies where— (a) a person purports to...

      6. APPOINTMENT OF ADMINISTRATOR BY COMPANY OR DIRECTORS

        1. Power to appoint

          1. 23.(1) A company may appoint an administrator.

        2. Restrictions on power to appoint

          1. 24.(1) This paragraph applies where an administrator of a company...

          2. 25.(1) If a moratorium for a company under Schedule A1...

          3. 26.An administrator of a company may not be appointed under...

        3. Notice of intention to appoint

          1. 27.(1) A person who proposes to make an appointment under...

          2. 28.(1) A person who gives notice of intention to appoint...

          3. 29.(1) An appointment may not be made under paragraph 23...

        4. Notice of appointment

          1. 30.(1) A person who appoints an administrator of a company...

          2. 31.In a case in which no person is entitled to...

        5. Commencement of appointment

          1. 32.The appointment of an administrator under paragraph 23 takes effect...

          2. 33.A person who appoints an administrator under paragraph 23—

          3. 34.If before the requirements of paragraph 30 are satisfied the...

        6. Invalid appointment: indemnity

          1. 35.(1) This paragraph applies where— (a) a person purports to...

      7. ADMINISTRATION APPLICATION — SPECIAL CASES

        1. Application by holder of floating charge

          1. 36.(1) This paragraph applies where an administration application in respect...

        2. Intervention by holder of floating charge

          1. 37.(1) This paragraph applies where— (a) an administration application in...

        3. Application where company in liquidation

          1. 38.(1) This paragraph applies where the holder of a qualifying...

          2. 39.(1) The liquidator of a company may make an administration...

        4. Effect of administrative receivership

          1. 40.(1) Where there is an administrative receiver of a company...

      8. EFFECT OF ADMINISTRATION

        1. Dismissal of pending winding-up petition

          1. 41.(1) A petition for the winding up of a company—...

        2. Dismissal of administrative or other receiver

          1. 42.(1) When an administration order takes effect in respect of...

        3. Moratorium on insolvency proceedings

          1. 43.(1) This paragraph applies to a company in administration.

        4. Moratorium on other legal process

          1. 44.(1) This paragraph applies to a company in administration.

        5. Interim moratorium

          1. 45.(1) This paragraph applies where an administration application in respect...

        6. Publicity

          1. 46.(1) While a company is in administration, every business document...

      9. PROCESS OF ADMINISTRATION

        1. Announcement of administrator's appointment

          1. 47.(1) This paragraph applies where a person becomes the administrator...

        2. Statement of company's affairs

          1. 48.(1) As soon as is reasonably practicable after appointment the...

          2. 49.(1) A person required to submit a statement of affairs...

        3. Administrator's proposals

          1. 50.(1) The administrator of a company shall make a statement...

        4. Creditors' meeting

          1. 51.(1) In this Schedule “ creditors' meeting ” means a...

        5. Requirement for initial creditors' meeting

          1. 52.(1) Each copy of an administrator's statement of proposals sent...

          2. 53.(1) Paragraph 52(1) shall not apply where the statement of...

        6. Business and result of initial creditors' meeting

          1. 54.(1) An initial creditors' meeting to which an administrator's proposals...

        7. Revision of administrator's proposals

          1. 55.(1) This paragraph applies where— (a) an administrator's proposals have...

        8. Failure to obtain approval of administrator's proposals

          1. 56.(1) This paragraph applies where an administrator reports to the...

        9. Further creditors' meetings

          1. 57.(1) The administrator of a company shall summon a creditors'...

        10. Creditors' committee

          1. 58.(1) A creditors' meeting may establish a creditors' committee.

        11. Correspondence instead of creditors' meeting

          1. 59.(1) Anything which is required or permitted by or under...

      10. FUNCTIONS OF ADMINISTRATOR

        1. General powers

          1. 60.(1) The administrator of a company may do anything necessary...

          2. 61.The administrator of a company has the powers specified in...

          3. 62.The administrator of a company— (a) may remove a director...

          4. 63.The administrator of a company may call a meeting of...

          5. 64.The administrator of a company may apply to the High...

          6. 65.(1) A company in administration or an officer of a...

        2. Distribution

          1. 66.(1) The administrator of a company may make a distribution...

          2. 67.The administrator of a company may make a payment otherwise...

        3. General duties

          1. 68.The administrator of a company shall on his appointment take...

          2. 69.(1) Subject to sub-paragraph (2), the administrator of a company...

        4. Administrator as agent of company

          1. 70.In exercising his functions under this Schedule the administrator of...

        5. Charged property: floating charge

          1. 71.(1) The administrator of a company may dispose of or...

        6. Charged property: non-floating charge

          1. 72.(1) The High Court may by order enable the administrator...

        7. Hire-purchase property

          1. 73.(1) The High Court may by order enable the administrator...

        8. Protection for secured or preferential creditor

          1. 74.(1) An administrator's statement of proposals under paragraph 50 may...

        9. Challenge to administrator's conduct of company

          1. 75.(1) A creditor or member of a company in administration...

        10. Misfeasance

          1. 76.(1) The High Court may examine the conduct of a...

      11. ENDING ADMINISTRATION

        1. Automatic end of administration

          1. 77.(1) The appointment of an administrator shall cease to have...

          2. 78.(1) An order of the High Court under paragraph 77—...

          3. 79.(1) In paragraph 77(2)(b) “ consent ” means consent of—...

        2. Court ending administration on application of administrator

          1. 80.(1) On the application of the administrator of a company...

        3. Termination of administration where objective achieved

          1. 81.(1) This paragraph applies where an administrator of a company...

        4. Court ending administration on application of creditor

          1. 82.(1) On the application of a creditor of a company...

        5. Public interest winding-up

          1. 83.(1) This paragraph applies where a winding-up order is made...

        6. Moving from administration to creditors' voluntary liquidation

          1. 84.(1) This paragraph applies where the administrator of a company...

        7. Moving from administration to dissolution

          1. 85.(1) If the administrator of a company thinks that the...

        8. Discharge of administration order where administration ends

          1. 86.(1) This paragraph applies where— (a) the High Court makes...

        9. Notice to registrar where administration ends

          1. 87.(1) This paragraph applies where the High Court makes an...

      12. REPLACING ADMINISTRATOR

        1. Resignation of administrator

          1. 88.(1) An administrator may resign only in prescribed circumstances.

        2. Removal of administrator from office

          1. 89.The High Court may by order remove an administrator from...

        3. Administrator ceasing to be qualified

          1. 90.(1) The administrator of a company shall vacate office if...

        4. Supplying vacancy in office of administrator

          1. 91.Paragraphs 92 to 96 apply where an administrator—

          2. 92.(1) Where the administrator was appointed by administration order, the...

          3. 93.Where the administrator was appointed under paragraph 15 the holder...

          4. 94.(1) Where the administrator was appointed under paragraph 23(1) by...

          5. 95.(1) Where the administrator was appointed under paragraph 23(2) the...

          6. 96.The High Court may replace an administrator on the application...

        5. Substitution of administrator: competing floating charge-holder

          1. 97.(1) This paragraph applies where an administrator of a company...

        6. Substitution of administrator appointed by company or directors: creditors' meeting

          1. 98.(1) This paragraph applies where— (a) an administrator of a...

        7. Vacation of office: discharge from liability

          1. 99.(1) Where a person ceases to be the administrator of...

        8. Vacation of office: charges and liabilities

          1. 100.(1) This paragraph applies where a person ceases to be...

      13. GENERAL

        1. Joint and concurrent administrators

          1. 101.(1) In this Schedule— (a) a reference to the appointment...

          2. 102.(1) This paragraph applies where two or more persons are...

          3. 103.(1) This paragraph applies where two or more persons are...

          4. 104.(1) Where a company is in administration, a person may...

        2. Presumption of validity

          1. 105.An act of the administrator of a company is valid...

        3. Majority decision of directors

          1. 106.A reference in this Schedule to something done by the...

        4. Penalties

          1. 107.(1) A person who is guilty of an offence under...

        5. Extension of time limit

          1. 108.(1) Where a provision of this Schedule provides that a...

          2. 109.(1) A period specified in paragraph 50(5), 51(1)(b) or 52(2)...

          3. 110.Where a period is extended under paragraph 108 or 109,...

        6. Amendment of provision about time

          1. 111.(1) The Department may by order amend a provision of...

    3. SCHEDULE 1

      POWERS OF ADMINISTRATOR OR ADMINISTRATIVE RECEIVER

      1. 1.Power to take possession of, collect and get in the...

      2. 2.Power to sell or otherwise dispose of the company's property,...

      3. 3.Power to make, on such terms and conditions as he...

      4. 4.Power to raise or borrow money and grant security therefor...

      5. 5.Power to appoint a solicitor or accountant or other professionally...

      6. 6.Power to bring or defend any action or other legal...

      7. 7.Power to refer to arbitration any question affecting the company....

      8. 8.Power to effect and maintain insurances in respect of the...

      9. 9.Power to use the company's seal.

      10. 10.Power to do all acts and to execute in the...

      11. 11.Power to draw, accept, make and endorse any bill of...

      12. 12.Power to appoint any agent to do any business which...

      13. 13.Power to do all such things (including the carrying out...

      14. 14.Power to make any payment which is necessary or incidental...

      15. 15.Power to carry on the business of the company.

      16. 16.Power to establish subsidiaries of the company.

      17. 17.Power to transfer to subsidiaries of the company the whole...

      18. 18.Power to grant or accept a surrender of a lease...

      19. 19.Power to make any arrangement or compromise on behalf of...

      20. 20.Power to call up any uncalled capital of the company....

      21. 21.Power to rank and claim in the bankruptcy, insolvency or...

      22. 22.Power to present or defend a petition for the winding...

      23. 23.Power to change the situation of the company's registered office....

      24. 24.Power to do all other things incidental to the exercise...

    4. SCHEDULE 1A

      EXCEPTIONS TO PROHIBITION ON APPOINTMENT OF ADMINISTRATIVE RECEIVER: SUPPLEMENTARY PROVISIONS

      1. Capital market arrangement

        1. 1.(1) For the purposes of Article 59B an arrangement is...

      2. Capital market investment

        1. 2.(1) For the purposes of Article 59B an investment is...

        2. 3.(1) An investment is also a capital market investment for...

      3. “Agreement”

        1. 4.or the purposes of Articles 59B and 59F and this...

      4. Debt

        1. 5.he debt of at least £50 million referred to in...

      5. Step-in rights

        1. 6.(1) For the purposes of Articles 59C to 59F a...

      6. Project company

        1. 7.(1) For the purposes of Articles 59C to 59F a...

      7. “Resources”

        1. 8.In Article 59C “ resources ” includes—

      8. “Public body”

        1. 9.(1) In Article 59C “ public body ” means—

      9. Regulated business

        1. 10.(1) For the purposes of Article 59D a business is...

      10. “Person”

        1. 11.A reference to a person in this Schedule includes a...

    5. SCHEDULE 2

      POWERS OF LIQUIDATOR IN A WINDING UP

      1. PART I POWERS EXERCISABLE WITH SANCTION

        1. 1.Power to pay any class of creditors in full.

        2. 2.Power to make any compromise or arrangement with creditors or...

        3. 3.Power to compromise, on such terms as may be agreed—...

        4. 3A.Power to bring legal proceedings under Article 177, 178, 202,...

      2. PART II POWERS EXERCISABLE WITHOUT SANCTION IN VOLUNTARY WINDING UP, WITH SANCTION IN WINDING UP BY THE HIGH COURT

        1. 4.Power to bring or defend any action or other legal...

        2. 5.Power to carry on the business of the company so...

      3. PART III POWERS EXERCISABLE WITHOUT SANCTION IN ANY WINDING UP

        1. 6.Power to sell any part of the company's property, including...

        2. 7.Without prejudice to Article 28 or 30 of the Property...

        3. 8.Power to do all acts and execute, in the name...

        4. 8A.Power to use the company's seal.

        5. 9.Power to prove, rank and claim in the bankruptcy or...

        6. 10.Power to draw, accept, make and endorse any bill of...

        7. 11.Power to raise on the security of the assets of...

        8. 12.(1) Power to take out in his official name letters...

        9. 13.Power to appoint an agent to do any business which...

        10. 14.Power to do all such other things as may be...

    6. SCHEDULE 2A

      BANKRUPTCY RESTRICTIONS ORDER AND UNDERTAKING

      1. Bankruptcy restrictions order

        1. 1.(1) A bankruptcy restrictions order may be made by the...

      2. Grounds for making order

        1. 2.(1) The High Court shall grant an application for a...

      3. Timing of application for order

        1. 3.(1) An application for a bankruptcy restrictions order in respect...

      4. Duration of order

        1. 4.(1) A bankruptcy restrictions order— (a) shall come into force...

      5. Interim bankruptcy restrictions order

        1. 5.(1) This paragraph applies at any time between—

        2. 6.(1) This paragraph applies to a case in which both...

      6. Bankruptcy restrictions undertaking

        1. 7.(1) A bankrupt may offer a bankruptcy restrictions undertaking to...

        2. 8.A reference in a statutory provision to a person in...

        3. 9.(1) A bankruptcy restrictions undertaking— (a) shall come into force...

      7. Effect of annulment of bankruptcy order

        1. 10.Where a bankruptcy order is annulled under Article 256(1)(a)—

        2. 11.Where a bankruptcy order is annulled under Article 235, 237D...

      8. Registration

        1. 12.The Department shall maintain a register of—

    7. SCHEDULE 3

      POWERS OF TRUSTEE IN BANKRUPTCY

      1. PART I POWERS EXERCISABLE WITH SANCTION

        1. 1.Power to carry on any business of the bankrupt so...

        2. 2.Power to bring, institute or defend any action or legal...

        3. 2A.Power to bring legal proceedings under Article 312, 313 or...

        4. 3.Power to accept as the consideration for the sale of...

        5. 4.Power to mortgage or pledge any part of the property...

        6. 5.Power, where any right, option or other power forms part...

        7. 6.Power to refer to arbitration, or compromise on such terms...

        8. 7.Power to make such compromise or other arrangement as may...

        9. 8.Power to make such compromise or other arrangement as may...

      2. PART II POWERS EXERCISABLE WITHOUT SANCTION

        1. 9.Power to sell any part of the property for the...

        2. 10.Without prejudice to Article 28 or 30 of the Property...

        3. 11.Power to give receipts for any money received by him,...

        4. 12.Power to prove, rank, claim and draw a dividend in...

        5. 13.Power to exercise in relation to any property comprised in...

        6. 14.Power to deal with any property comprised in the estate...

      3. PART III ANCILLARY POWERS

        1. 15.For the purposes of, or in connection with, the exercise...

    8. SCHEDULE 4

      THE CATEGORIES OF PREFERENTIAL DEBTS

      1. Category 1: Debts due to Inland Revenue

        1. 1.(1) Sums due at the relevant date from the debtor...

        2. 2.Sums due at the relevant date from the debtor in...

      2. Category 2: Debts due to Customs and Excise

        1. 3.(1) Any value added tax which is referable to the...

        2. 3A.Any insurance premium tax which is referable to the period...

        3. 3B.Any landfill tax which is referable to the period of...

        4. 3C.Any climate change levy which is referable to the period...

        5. 4.The amount of any car tax which is due at...

        6. 5.Any amount which is due— (a) by way of general...

        7. 5A.The amount of any excise duty on beer which is...

        8. 5B.Any amount which is due by way of lottery duty...

        9. 5C.Any amount which is due by way of air passenger...

      3. Category 3: Social security contributions

        1. 6.All sums which on the relevant date are due from...

        2. 7.All sums which on the relevant date have been assessed...

      4. Category 4: Contributions to occupational pension schemes, etc.

        1. 8.Any sum which is owed by the debtor and is...

      5. Category 5: Remuneration, etc., of employees

        1. 9.So much of any amount which— (a) is owed by...

        2. 10.An amount owed by way of accrued holiday remuneration, in...

        3. 11.So much of any sum owed in respect of money...

        4. 12.So much of any amount which— (a) is ordered (whether...

      6. Interpretation for Category 5

        1. 13.(1) For the purposes of paragraphs 9 to 12, a...

        2. 14.(1) This paragraph relates to a case in which a...

        3. 15.Without prejudice to paragraphs 13 and 14—

      7. Orders under Category 5

        1. 16.An order under paragraph 9 or 12—

      8. Category 6: Levies on coal and steel production

        1. 17.Any sums due at the relevant date from the debtor...

    9. SCHEDULE 5

      PROVISIONS CAPABLE OF INCLUSION IN COMPANY INSOLVENCY RULES

      1. High Court

        1. 1.(1) Provision for regulating the practice and procedure of the...

        2. 2.Provision conferring rights of audience, in the High Court so...

      2. Notices, etc.

        1. 3.Provision requiring notice of any proceedings in connection with or...

        2. 4.Provision with respect to the form, manner of serving, contents...

        3. 5.Provision specifying the persons to whom any notice is to...

      3. Registration of voluntary arrangements

        1. 6.Provision for the registration of voluntary arrangements approved under Part...

      4. Provisional liquidator

        1. 7.Provision as to the manner in which a provisional liquidator...

      5. Conduct of insolvency

        1. 8.Provision with respect to the certification of any person as,...

        2. 9.The following provision with respect to meetings of a company's...

        3. 10.(1) Provision as to the functions, membership and proceedings of...

        4. 11.Provision as to the manner in which any requirement that...

        5. 12.Provision as to the debts that may be proved in...

        6. 13.Provision with respect to the manner of the distribution of...

        7. 14.Provision which, with or without modifications, applies in relation to...

        8. 14A.Provision about the application of Article 150A which may include,...

      6. Administration

        1. 14B.Provision which— (a) applies in relation to administration, with or...

      7. Financial provisions

        1. 15.Provision as to the amount, or manner of determining the...

        2. 16.Provision with respect to the manner in which money received...

        3. 16A.Provision enabling the Department to set the rate of interest...

        4. 17.Provision as to the costs that may be treated as...

        5. 18.Provision as to the costs that may be treated as...

        6. 19.Provision as to the costs that may be incurred for...

      8. Information and records

        1. 20.Provision requiring officers of the High Court—

        2. 21.Provision requiring a creditor, member or contributory, or such a...

        3. 22.Provision as to the manner in which public examinations under...

        4. 23.Provision imposing requirements with respect to— (a) the preparation and...

        5. 24.Provision requiring the person who is the supervisor of a...

        6. 25.Provision as to the manner in which the liquidator of...

        7. 26.Provision imposing requirements in connection with the carrying out of...

      9. General

        1. 27.Provision conferring power on the Department to make regulations with...

        2. 28.Provision conferring a discretion on the High Court.29

        3. 29.Provision conferring power on the High Court to make orders...

        4. 30.Provision making non‐compliance with any of the rules a criminal...

    10. SCHEDULE 6

      PROVISIONS CAPABLE OF INCLUSION IN INDIVIDUAL INSOLVENCY RULES

      1. High Court

        1. 1.Provision for regulating the practice and procedure of the High...

        2. 2.Provision conferring rights of audience, in the High Court for...

      2. Notices, etc.

        1. 3.Provision requiring notice of any proceedings under Parts VIII to...

        2. 4.Provision with respect to the form, manner of serving, contents...

        3. 5.Provision specifying the persons to whom any notice under Parts...

      3. Deeds of arrangement and voluntary arrangements

        1. 6.Provision for endorsement, execution and certification of deeds of arrangement...

      4. Official receiver acting on voluntary arrangement

        1. 6A.Provision about the official receiver acting as nominee or supervisor...

      5. Interim receiver

        1. 7.Provision as to the manner in which an interim receiver...

      6. Receiver or manager

        1. 8.Provision as to the manner in which the official receiver...

      7. Administration of individual insolvency

        1. 9.Provision with respect to the certification of the appointment of...

        2. 10.The following provision with respect to meetings of creditors—

        3. 11.Provision as to the functions, membership and proceedings of a...

        4. 12.Provision as to the manner in which any requirement that...

        5. 13.Provision as to the manner in which any requirement imposed...

        6. 14.Provision as to the terms and conditions that may be...

        7. 15.Provision as to the debts that may be proved in...

        8. 16.Provision with respect to the manner of the distribution of...

        9. 17.Provision modifying the application of Parts VIII to X in...

      8. Financial provisions

        1. 18.Provision as to the amount, or manner of determining the...

        2. 19.Provision with respect to the manner in which money received...

        3. 19A.Provision enabling the Department to set the rate of interest...

        4. 20.Provision as to the costs that may be treated as...

        5. 21.Provision as to the costs that may be incurred for...

      9. Information and records

        1. 22.Provision requiring officers of the High Court—

        2. 23.Provision requiring a creditor or a committee established under Article...

        3. 24.Provision as to the manner in which public examinations under...

        4. 25.Provision imposing requirements with respect to— (a) the preparation and...

        5. 26.Provision requiring the person who is the supervisor of a...

        6. 27.Provision as to the manner in which the trustee of...

      10. Bankruptcy restrictions orders and undertakings

        1. 27A.Provision about bankruptcy restrictions orders, interim orders and undertakings, including—...

      11. General

        1. 28.Provision conferring power on the Department to make regulations with...

        2. 29.Provision conferring a discretion on the High Court.

        3. 30.Provision making non‐compliance with any of the rules a criminal...

    11. SCHEDULE 7

      PUNISHMENT OF OFFENCES UNDER THIS ORDER

    12. SCHEDULE 8

      TRANSITIONAL PROVISIONS AND SAVINGS

      1. PART I COMPANY INSOLVENCY AND WINDING UP

        1. Administration orders

          1. 1.(1) Where any right to appoint an administrative receiver of...

        2. Receivers and managers

          1. 2.(1) Parts IV and VII do not apply in relation...

        3. Winding up already in progress

          1. 3.(1) Subject to the following provisions of this Part, Parts...

        4. Statement of affairs

          1. 4.(1) Where a winding up by the High Court has...

        5. Provisions relating to liquidator

          1. 5.(1) This paragraph applies as regards the liquidator in the...

        6. Saving for power to make rules

          1. 6.Paragraphs 3 to 5 are without prejudice to the power...

        7. Setting aside of preferences and other transactions

          1. 7.(1) Where a provision in Part V of this Order...

      2. PART II INDIVIDUAL INSOLVENCY

        1. Bankruptcy general

          1. 8.(1) Subject to the following provisions of this Part, Parts...

          2. 9.(1) In relation to any such case as is mentioned...

          3. 10.Transactions entered into before the commencement date have effect on...

        2. Discharge from old bankruptcy

          1. 11.(1) Where a person— (a) was adjudged bankrupt before the...

        3. Provisions relating to trustee

          1. 12.(1) This paragraph applies as regards the trustee in the...

        4. Second bankruptcy

          1. 13.(1) Articles 307 and 308 of this Order apply with...

        5. Setting aside of preferences and other transactions

          1. 14.(1) A preference given, assignment made or other transaction entered...

        6. Bankruptcy offences

          1. 15.(1) Where a bankruptcy order is made under this Order...

        7. Power to make rules

          1. 16.(1) The preceding provisions of this Part of this Schedule...

      3. PART III OTHER TRANSITIONAL PROVISIONS AND SAVINGS

        1. Deeds of arrangement

          1. 17.Chapter I of Part VIII does not apply in relation...

        2. Insolvency practitioners

          1. 18.Where an individual began to act as an insolvency practitioner...

        3. Official receiver

          1. 19.Any property vested in the Official Assignee for bankruptcy for...

        4. Transitional effect of Articles 367 to 369

          1. 20.(1) A transaction entered into before the commencement date shall...

        5. Periods of time

          1. 21.Where any period of time specified in any provision repealed...

        6. Saving

          1. 22.The provisions of this Schedule shall have effect without prejudice...

        7. Interpretation

          1. 23.In this Schedule— “the Bankruptcy Acts” means the Bankruptcy Acts...

      1. Schedule 9—Amendments

      1. Schedule 10—Repeals

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