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The Insolvency (Northern Ireland) Order 2005

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47.—(1) Schedule 7 (punishment of offences) shall be amended as follows.N.I.

(2) After the entries for Schedule A1 insert—

Sch. B1, para. 19(7).Making false statement in statutory declaration where administrator appointed by holder of floating charge.

1.  On indictment

2.  Summary

2 years, or a fine or both.

6 months, or the statutory maximum or both

 
Sch.B1, para. 21Holder of floating charge failing to notify administrator or others of commencement of appointment.

1.  On indictment

2.  Summary

2 years, or a fine or both.

6 months, or the statutory maximum or both

One-tenth of the statutory maximum.
Sch. B1, para. 28(4).Making false statement in statutory declaration where appointment of administrator proposed by company or directors.

1.  On indictment

2.  Summary

2 years, or a fine or both.

6 months, or the statutory maximum or both.

 
Sch. B1, para. 30(7).Making false statement in statutory declaration where administrator appointed by company or directors.

1.  On indictment

2.  Summary

2 years, or a fine or both.

6 months, or the statutory maximum or both.

 
Sch. B1, para. 33.Company or directors failing to notify administrator or others of commencement of appointment.

1.  On indictment

2.  Summary

2 years, or a fine or both.

6 months, or the statutory maximum or both.

One-tenth of the statutory maximum.
Sch. B1, para. 46(2).Administrator, company or officer failing to state in business document that administrator appointed.SummaryOne-fifth of the statutory maximum. 
Sch. B1, para. 47(9).Administrator failing to give notice of his appointment.SummaryOne-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 49(4).Failing to comply with provisions about statement of affairs where administrator appointed.

1.  On indictment

2.  Summary

A fine.

The statutory maximum.

One-tenth of the statutory maximum.
Sch. B1, para. 50(7).Administrator failing to send out statement of his proposals.Summary.One-fifth of the statutory maximum.One fiftieth of the statutory maximum.
Sch. B1, para. 52(5).Administrator failing to arrange initial creditors' meeting.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 54(3).Administrator failing to report decision taken at initial creditors' meeting.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 55(7).Administrator failing to report decision taken at creditors' meeting summoned to consider revised proposal.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 57(2).Administrator failing to summon creditors' meeting.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 72(6).Administrator failing to file Court order enabling disposal of charged property.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 73(5).Administrator failing to file Court order enabling disposal of hire- purchase property.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 78(3).Administrator failing to notify registrar of automatic end of administration.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 79(6).Administrator failing to give notice of extension by consent of term of office.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 81(6).Administrator failing to give notice of termination of administration where objective achieved.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 85(9).Administrator failing to comply with provisions where company moves to dissolution.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 87(3).Administrator failing to notify registrar where court terminates administration.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 90(3).Administrator failing to give notice on ceasing to be qualified.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.

(3) Omit the entries for the following provisions—

(a)Article 25(2),

(b)Article 28(8),

(c)Article 30(5),

(d)Article 33(3),

(e)Article 34(6),

(f)Article 35(3),

(g)Article 36(7), and

(h)Article 39(6).

Commencement Information

I1Sch. 2 (except para. 25) wholly in operation at 27.3.2006, see art. 1(3) and S.R. 2006/21, art. 2 (subject to S.R. 2006/22, arts. 2-7)

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