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The Insolvent Partnerships (Amendment No. 2) Order (Northern Ireland) 2003

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Citation, commencement and interpretation

1.—(1) This Order may be cited as the Insolvent Partnerships (Amendment No. 2) Order (Northern Ireland) 2003 and shall come into operation on 5th September 2003.

(2) In this Order –

(a)“the 1995 Order” means the Insolvent Partnerships Order (Northern Ireland) 1995(1); and

(b)a reference to a “modified Article” is a reference to an Article of the Insolvency (Northern Ireland) Order 1989 as modified by, and set out in, the 1995 Order.

Amendments to the 1995 Order

2.  In the Arrangement of Articles in the 1995 Order –

(a)for the words “16. Application of Part II of the Companies (Northern Ireland) Order 1989” there shall be substituted the words “16. Application of the Company Directors Disqualification (Northern Ireland) Order 2002.”;

(b)for the words “Schedule 8 – Provisions of Part II of the Companies (Northern Ireland) Order 1989 which apply with modifications for the purposes of Article 16” there shall be substituted the words “Schedule 8 – Provisions of the Company Directors Disqualification (Northern Ireland) Order 2002 which apply with modifications for the purposes of Article 16.”.

3.  In paragraph (1) of Article 3 of the 1995 Order, for the words “Companies (Northern Ireland) Order 1989” there shall be substituted the words “Company Directors Disqualification (Northern Ireland) Order 2002”.

4.  For Article 16 of the 1995 Order there shall be substituted the following Article -

Application of the Company Directors Disqualification (Northern Ireland) Order 2002

16.  Where an insolvent partnership is wound up as an unregistered company under Part VI of the Order the provisions of Articles 3, 4, 9-14, 18, 19, 21 and 23 of, and Schedule 1 to, the Company Directors Disqualification (Northern Ireland) Order 2002 shall apply, certain of those provisions being modified in such manner that, after modification, they are as set out in Schedule 8..

5.  In paragraph (1) of Article 18 of the 1995 Order, for the words “Part II of the Companies (Northern Ireland) Order 1989” there shall be substituted the words “the Company Directors Disqualification (Northern Ireland) Order 2002”.

6.  In paragraph 9 of Schedule 3 to, and paragraph 27 of Schedule 4 to, the 1995 Order (Article 198: Getting in the partnership property), in paragraph (2) of modified Article 198 for the words “Part II of the Companies (Northern Ireland) Order 1989” there shall be substituted the words “the Company Directors Disqualification (Northern Ireland) Order 2002”.

7.  For Schedule 8 to the 1995 Order there shall be substituted the Schedule set out in Schedule 1 to this Order.

8.  For Schedule 10 to the 1995 Order there shall be substituted the Schedule set out in Schedule 2 to this Order.

Falconer of Thoroton, C.

Dated 27th July 2003

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

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 30th July 2003.

L.S.

Michael J. Bohill

Senior Officer of the

Department of Enterprise, Trade and Investment

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