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The Debt Relief Orders (Designation of Competent Authorities) (Amendment) Regulations (Northern Ireland) 2011

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This Statutory Rule has been made in consequence of an error in S.R. 2011 No.15 and is being issued free of charge to all known recipients of that Statutory Rule.

Statutory Rules of Northern Ireland

2011 No. 367

Insolvency

The Debt Relief Orders (Designation of Competent Authorities) (Amendment) Regulations (Northern Ireland) 2011

Made

18th October 2011

Coming into operation

30th November 2011

The Department of Enterprise, Trade and Investment(1) makes the following Regulations, in exercise of the powers conferred by Article 208U(4) of the Insolvency (Northern Ireland) Order 1989(2).

Citation and commencement

1.  These Regulations may be cited as the Debt Relief Orders (Designation of Competent Authorities) (Amendment) Regulations (Northern Ireland) 2011 and come into operation on 30th November 2011.

Amendment of the Debt Relief Orders (Designation of Competent Authorities) Regulations (Northern Ireland) 2011

2.  Regulation 8 (ineligibility) of the Debt Relief Orders (Designation of Competent Authorities) Regulations (Northern Ireland) 2011(3) is amended as follows—

(a)in paragraph (g), after the words “the Insolvency Act 1986” insert “or the Bankruptcy (Scotland) Act 1985(4)”;

(b)in paragraph (k), after the word “who” insert the word “are”; and

(c)after paragraph (k) insert—

(ka)individuals who are patients within the meaning of section 329(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003(5) or have a guardian appointed to them under the Adults with Incapacity (Scotland) Act 2000(6);

(kb)individuals who lack capacity within the meaning of the Mental Capacity Act 2005(7);.

Sealed with the Official Seal of the Department of Enterprise Trade and Investment on 18th October 2011

Legal seal

Michael J Bohill

A senior officer of the Department of Enterprise Trade and Investment

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations are made under Article 208U (approved intermediaries) of the Insolvency (Northern Ireland) Order 1989. Article 208U was inserted into that Order by the Debt Relief Act (Northern Ireland) 2010.

These Regulations correct an error in the Debt Relief Orders (Designation of Competent Authorities) Regulations (Northern Ireland) 2011 (S.R. 2011 No.15) (“the 2011 Regulations”) so that persons are added to Regulation 8 which describes persons ineligible to be intermediaries in Northern Ireland. They are persons—

(a)subject to a bankruptcy restrictions order or undertaking given in Scotland under the Bankruptcy (Scotland) Act 1985;

(b)who lack mental capacity within the meaning of the relevant legislation in England, Scotland or Wales.

As these Regulations are for the purpose of amending an error, a copy of this instrument is being issued free of charge to all known recipients of the 2011 Regulations.

(1)

Formerly the Department of Economic Development; S.I. 1999/283 (N.I. 1), Article 3(5)

(2)

S.I. 1989/2405 (N.I. 19), Article 208U was inserted by the Debt Relief Act (Northern Ireland) 2010 (c. 16), Article 1(b)

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