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The Insolvency Practitioners and Insolvency Account (Fees) (Amendment) Order (Northern Ireland) 2009

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Citation and commencement

1.  This order may be cited as the Insolvency Practitioners and Insolvency Account (Fees) (Amendment) Order (Northern Ireland) 2009 and shall come into operation on 1st October 2009.

Amendment to the Insolvency Practitioners and Insolvency Account (Fees) Order (Northern Ireland) 2006

2.—(1) The Insolvency Practitioners and Insolvency Account (Fees) Order (Northern Ireland) 2006(1) (“the principal Order”) shall be amended as provided by paragraphs (2) and (3).

(2) In paragraph 1(7) of Schedule 1 to the principal Order, for “the Companies (Northern Ireland) Order 1986”(2) substitute “the Companies Act 2006”(3).

(3) For the Table of fees in paragraph 2 of Schedule 1 to the principal Order substitute—

Table

No. of FeeDescription of fee and circumstances in which it is payableAmount
1

Banking fee; winding up by the High Court and bankruptcy

Where in any bankruptcy or winding up by the High Court an account is maintained with the Department in respect of monies which may from time to time be paid into the Insolvency Account, there shall be payable out of the estate of the bankrupt or, as the case may be, the assets of the company on each payment date where the liquidator or the trustee is not the official receiver, a fee of—

£15.00

1A

Payment of unclaimed dividends or other money – administration

Where any money is paid into the Insolvency Account pursuant to regulation 3B, that payment shall be accompanied by a fee in respect of each company to which it relates of—

£25.00

1B

Payment of unclaimed dividends or other money – administrative receivership

Where any money is paid into the Insolvency Account pursuant to regulation 3C, that payment shall be accompanied by a fee in respect of each company to which it relates of—

£25.00

2

Cheque etc. issue fee

Where a cheque, money order or payable order in respect of monies in the Insolvency Account is issued or reissued on the application of—

(a)a liquidator pursuant to regulation 7 or 8;

(b)a trustee pursuant to regulation 22 or 23; or

(c)any persons claiming money in that account pursuant to regulation 33,

there shall be payable out of the assets of the company, the estate of the bankrupt or, as the case may be, by the claimant a fee in respect of that cheque, money order or payable order of—

£0.80

3

Electronic funds systems (CHAPs and BACs etc.) fees

On the making or remaking of a transfer in respect of funds held in the Insolvency Account on an application made by—

(a)a liquidator pursuant to regulations 7 or 8;

(b)a trustee pursuant to regulations 22 or 23; or

(c)any person claiming pursuant to regulation 33 any monies held in the Insolvency Account;

there shall be payable out of the assets of the company, the estate of the bankrupt or, as the case may be, by the claimant, a fee in respect of that transfer as follows—

(i)where it is made through the Clearing House Automated Payments System (CHAPs), a fee of—

(ii)where it is made through the Bankers’ Clearing System (BACs) or any electronic funds transfer system other than CHAPs, a fee of—

£10.00

£0.15.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 20th May 2009.

Legal seal

Michael J Bohill

A senior officer of the

Department of Enterprise, Trade and Investment

The Department of Finance and Personnel concurs with the foregoing Order.

Sealed with the Official Seal of the Department of Finance and Personnel on 20th May 2009.

Legal seal

Jack Layberry

A senior officer of the

Department of Finance and Personnel

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