The Insolvency (Amendment) Rules (Northern Ireland) 2000

Citation and commencement

1.  These Rules may be cited as the Insolvency (Amendment) Rules (Northern Ireland) 2000 and shall come into operation on 5th September 2000.

Interpretation

2.  In these Rules, a rule, Schedule or form referred to by number means the rule, Schedule or form so numbered in the Insolvency Rules (Northern Ireland) 1991(1).

Application

3.  Rules 5 to 7 of these Rules shall not apply in relation to—

(a) winding-up proceedings commenced before 5th September 2000, or

(b) bankruptcy proceedings where the bankruptcy petition was presented before that day.

Rules 4.001., 4.007., 4.010. and 4.078.

4.  Rules 4.001., 4.007., 4.010. and 4.078. shall be amended—

(a) by substituting for the words “Bank of England” in each place they appear, the words “Financial Services Authority”; and

(b) where reference is made to the Bank of England by use of the word “Bank” alone, by substituting for the word “Bank” in each place it appears, the word “Authority”.

Rule 6.010-CP

5.  Rule 6.010-CP shall be amended by substituting for paragraph (3) the following paragraph—

“(3) Subject to paragraph (4), if the demand has been served personally on the debtor, the affidavit must be made by the person who effected that service and in such case the affidavit shall state fully the means used by the person serving the petition to satisfy himself of the identity of the debtor.”.

Rule 6.014

6.  Rule 6.014 shall be amended by inserting after paragraph (1) the following paragraph—

“(1A) In the case of personal service, the affidavit shall state fully the means used by the person serving the petition to satisfy himself of the identity of the debtor.”.

Amendments to Schedule 2

7.  Schedule 2 shall be amended by substituting—

(a) for Form 6.12, the new Form 6.12 set out in the Schedule to these Rules;

(b) for Form 6.13, the new Form 6.13 set out in the Schedule to these Rules;

(c) for Form 6.14, the new Form 6.14 set out in the Schedule to these Rules;

(d) for Form 6.18, the new Form 6.18 set out in the Schedule to these Rules.

Irvine of Lairg, C.

Dated 24th July 2000

The Department of Enterprise, Trade and Investment hereby concurs with the foregoing Rules.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 27th July 2000.

L.S.

Suzanna Cooper

Assistant Secretary