The Insolvent Companies (Disqualification of Unfit Directors) Proceedings (Amendment) Rules (Northern Ireland) 1996

Statutory Rules of Northern Ireland

1996 No. 471

INSOLVENCY

The Insolvent Companies (Disqualification of Unfit Directors) Proceedings (Amendment) Rules (Northern Ireland) 1996

Made

1st October 1996

To be laid before Parliament

Coming into operation

1st December 1996

The Lord Chancellor, in exercise of the powers conferred on him by Article 359 of the Insolvency (Northern Ireland) Order 1989(1) and Article 24(1) of the Companies (Northern Ireland) Order 1989(2) with the concurrence of the Department of Economic Development and after consulting the Committee existing for that purpose under Article 360 of the Insolvency (Northern Ireland) Order 1989, hereby makes the following Rules—

Citation and commencement

1.  These Rules may be cited as the Insolvent Companies (Disqualification of Unfit Directors) Proceedings (Amendment) Rules (Northern Ireland) 1996 and shall come into operation on 1st December 1996.

Amendment

2.  The Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules (Northern Ireland) 1991(3) shall be amended by the insertion after rule 10 of the following new rule:

“Appeal from order or decision of Master

10A.   Order 58, rule 1(2) to (4) of the Supreme Court Rules applies to an appeal from an order or decision of the Master on an application to which these Rules apply, with the substitution in paragraph (3) of the words “28 days” for the words “5 days” and of the words “7 days” for the words “2 clear days.”.”.

Mackay of Clashfern, C.

Dated 1st October 1996

The Department of Economic Development hereby concurs with the foregoing Rules.

Sealed with the Official Seal of the Department of Economic Development on 3rd October 1996.

L.S.

Adrianne L. Brown

Assistant Secretary

Explanatory Note

(This note is not part of the Rules.)

These Rules amend the Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules (Northern Ireland) 1991 [S.R. 1991 No. 367], which set out a special code of procedure for applications by the Department of Economic Development or the Official Receiver for the disqualification of directors by the High Court under Articles 10 and 11 of the Companies (Northern Ireland) Order 1989. Those Rules are amended by the addition of a new rule in relation to the time limit for appealing from an order or decision of the Master (Bankruptcy) in such proceedings.

These Rules will come into operation on 1st December 1996.

(1)

S.I. 1989/2405 (N.I. 19)

(2)

S.I. 1989/2404 (N.I. 18)

(3)

S.R. 1991 No. 367