The Insolvency (Amendment) Rules (Northern Ireland) 2023

PART 1 Introductory provision

Citation, commencement and interpretation

1.  These Rules may be cited as the Insolvency (Amendment) Rules (Northern Ireland) 2023 and shall come into operation on 13th March 2023.

2.  In these Rules—

(1) “the principal Rules” means the Insolvency Rules (Northern Ireland) 1991(1); and

(2) “the Order” means the Insolvency (Northern Ireland) Order 1989 and any reference to a numbered Article is a reference to an Article of that Order.

Saving provisions

3.—(1) This Rule applies where before 30th March 2022—

(a) a moratorium under Part 1A(2) of the Order has come into force; or

(b) in the case of a moratorium for a company to which either Article 13BA or 13BB(3) applies, an application has been made to the High Court.

(2) Where this Rule applies—

(a) the amendments made by Parts 2 and 3 of these Rules do not apply; and

(b) Part 3 of Schedule 8 to the Corporate Insolvency and Governance Act 2020(4) continues to have effect,

in relation to that moratorium.

4.  Nothing in Parts 2 and 3 of these Rules affects the operation of the principal Rules in relation to a moratorium under Schedule A1 to the Order which has come into operation before repeal of that schedule taking effect on 25th June 2020(5).

(1)

The Insolvency Rules (Northern Ireland) 1991 (S.R. 1991 No. 364) ‘to which there are amendments not relevant to these Rules.

(2)

Part 1A was inserted by section 4 of the Corporate Insolvency and Governance Act 2020 (c. 12).

(3)

Articles 13BA and 13BB were inserted by section 4 of the Corporate Insolvency and Governance Act 2020 (c. 12).

(4)

2020 c. 12; Schedule 8 was amended by S.R. 2020 No. 199, S.R. 2020 No. 214 and S.R. 2021 No. 61.

(5)

Schedule A1 to the Order was repealed by paragraph 26 of Schedule 7 to the Corporate Insolvency and Governance Act 2020