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The Insolvency (Northern Ireland) Order 2005

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Income payments order

Explanatory MemorandumShow EM

15.—(1) Article 283 of the 1989 Order (income payments order) shall be amended as follows.

(2) In paragraph (1) omit “, on the application of the trustee,”.

(3) After paragraph (1) insert—

(1A) An income payments order may be made only on an application instituted—

(a)by the trustee, and

(b)before the discharge of the bankrupt..

(4) For paragraph (6) substitute—

(6) An income payments order shall specify the period during which it is to have effect; and that period—

(a)may end after the discharge of the bankrupt, but

(b)may not end after the period of 3 years beginning with the date on which the order is made.

(6A) An income payments order may (subject to paragraph (6)(b)) be varied on the application of the trustee or the bankrupt (whether before or after discharge).

(6B) Where the Court has made an income payments order in relation to a bankrupt who is a solicitor, nothing in paragraph (6) shall affect the continuance of a condition with respect to income specified in an order made under Article 254(2)(c)..

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