The Insolvency (Northern Ireland) Order 2005 (Minor and Consequential Amendments) Order (Northern Ireland) 2006

The Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005

25.  In regulation 5 (prescribed insolvency events)—

(a) for sub-paragraph (a) of paragraph (1) there shall be substituted—

“in relation to a company where—

(i) an administration order is made by the High Court in respect of the company by virtue of any statutory provision which applies Part III of the Insolvency Order(1) (administration orders) (with or without modification);

(ii) a notice from an administrator under paragraph 84(2) of Schedule B1 to the Insolvency Order (moving from administration to creditors' voluntary liquidation) in relation to the company is registered by the registrar of companies;

(iii) the company moves from administration to winding up pursuant to an order of the High Court under Rule 2.133 of the Insolvency Rules(2) (conversion of administration to winding up – power of court), or

(iv) an administrator or liquidator of the company, being the nominee in relation to a proposal for a voluntary arrangement under Part II of the Insolvency Order (company voluntary arrangements), summons meetings of the company and of its creditors, to consider the proposal, in accordance with Article 16(2) of that Order (summoning of meetings);”

(b) for sub-paragraph (aa)(i) of paragraph (1) there shall be substituted—

“(i) the partnership moves from administration to winding up pursuant to an order of the High Court under Rule 2.65 of the Insolvency Rules (as applied by an order under Article 364 of the Insolvency Order(3) (insolvent partnerships)) as that Rule stood before the coming into operation of the Insolvency (Amendment) Rules (Northern Ireland) 2006(4),or”,

(c) after paragraph (2) there shall be inserted—

“(3) In this regulation, a reference to Part III of the Insolvency Order (administration orders) shall, in so far as it relates to a company or society listed in Article 4(1) of the Insolvency (Northern Ireland) Order 2005 (special administration regimes), have effect as if it referred to Part III of the Insolvency Order as it had effect immediately before the coming into operation of Article 3 of the Insolvency (Northern Ireland) Order 2005 (replacement of Part III of the Insolvency Order).”.

(1)

Part III of the Insolvency (Northern Ireland) Order 1989 was substituted by Article 3(1) of the Insolvency (Northern Ireland) Order 2005

(2)

Part II of the Insolvency Rules (Northern Ireland) 1991, S.R 1991 No. 364 including Rule 2.133 was substituted by The Insolvency (Amendment) Rules Northern Ireland 2006 S.R 2006 No. 47

(3)

Article 364 was amended by S.R. 2002 No. 223

(4)

S.R. 2006 No. 47