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The Company Directors Disqualification (Northern Ireland) Order 2002

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SCHEDULE 3CONSEQUENTIAL AMENDMENTS

This schedule has no associated Explanatory Memorandum

The Judgments Enforcement (Northern Ireland) Order 1981 (NI 6)

1.  In Article 86(1) (default of debtor), for “Article 15 of the Companies (Northern Ireland) Order 1989” substitute “Article 16 of the Company Directors Disqualification (Northern Ireland) Order 2002”.

The Insolvency Act 1986 (c. 45)

2.  In section 426(10)(c) (co-operation between courts exercising jurisdiction in relation to insolvency) for “or Part II of the Companies (Northern Ireland) Order 1989” substitute “or the Company Directors Disqualification (Northern Ireland) Order 2002”.

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

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

(a)in paragraph (2) for “and Part II of the Companies (Northern Ireland) Order 1989” substitute “and the Company Directors Disqualification (Northern Ireland) Order 2002”;

(b)in paragraph (3) for “and Part II of the Companies (Northern Ireland) Order 1989” substitute “and the Company Directors Disqualification (Northern Ireland) Order 2002”.

4.  In Article 434(1) (inspector’s report to be evidence) for “Article 11 of the Companies (Northern Ireland) Order 1989” substitute “Article 11 of the Company Directors Disqualification (Northern Ireland) Order 2002”.

5.  In Article 442(1)(b) (provision for security of information obtained) for “Articles 9, 10 or 11 of the Companies (Northern Ireland) Order 1989” substitute “Article 9, 10 or 11 of the Company Directors Disqualification (Northern Ireland) Order 2002”.

The Insolvency (Northern Ireland) Order 1989 (NI 19)

6.  For Article 349(4)(b) (persons not qualified to act as insolvency practitioners) substitute—

(b)he is subject to a disqualification order made or a disqualification undertaking accepted under the Company Directors Disqualification Act 1986 or the Company Directors Disqualification (Northern Ireland) Order 2002, or.

7.  In Schedule 5 (provisions capable of inclusion in company insolvency rules)

(a)in paragraph 26, for “Article 10(3) of the Companies (Northern Ireland) Order 1989” substitute “Article 10(4) of the Company Directors Disqualification (Northern Ireland) Order 2002”; and

(b)in paragraph 29, for “Article 10(4) of the Companies (Northern Ireland) Order 1989” substitute “Article 10(5) of the Company Directors Disqualification (Northern Ireland) Order 2002”.

The Electricity (Northern Ireland) Order 1992 (NI 1)

8.  In Article 73(6) (initial Government holding in the companies), for “Part II of the Companies (Northern Ireland) Order 1989” substitute “the Company Directors Disqualification (Northern Ireland) Order 2002”.

The Airports (Northern Ireland) Order 1994 (NI 1)

9.  In Article 57(6) (initial Government holding in the successor company), for “Part II of the Companies (Northern Ireland) Order 1989” substitute “the Company Directors Disqualification (Northern Ireland) Order 2002”.

The Pensions (Northern Ireland) Order 1995 (NI 22)

10.  In Article 4(1)(e) (suspension orders), for “Part II of the Companies (Northern Ireland) Order 1989” substitute “the Company Directors Disqualification (Northern Ireland) Order 2002”.

11.  In Article 29(1)(f) (persons disqualified for being trustees of trust schemes), for the words from “under Part II” to “an order” substitute “or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002 or to such an order or undertaking”.

12.  In Article 106(2)(c) (permitted disclosure of restricted information), for “Article 10 or 11 of the Companies (Northern Ireland) Order 1989” substitute “Article 10 or 11 of the Company Directors Disqualification (Northern Ireland) Order 2002”.

The Deregulation and Contracting Out (Northern Ireland) Order 1996 (NI 11)

13.  In Article 12(6) (official receiver), in the definition of “the insolvency legislation”, for “Part II of the Companies (Northern Ireland) Order 1989” substitute “the Company Directors Disqualification (Northern Ireland) Order 2002”.

14.  In Schedule 3 (functions of official receiver which cannot be contracted out), in paragraph 9, for “Part II of the Companies (Northern Ireland) Order 1989” substitute “the Company Directors Disqualification (Northern Ireland) Order 2002”.

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