Constitutional Reform Act 2005

Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))U.K.

80U.K.The Insolvency (Northern Ireland) Order 1989 is amended as follows.

81U.K.In Article 359 (insolvency rules), after paragraph (1) insert—

(1A)Rules that affect court procedure may be made under paragraph (1) only with the concurrence of the Lord Chief Justice.

(1B)The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph (1A)—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).

82(1)Article 360 (committee to review insolvency rules) is amended as follows.U.K.

(2)In paragraph (1) for “continue to be a committee appointed by the Lord Chancellor” substitute “ be a committee appointed by the Lord Chief Justice ”.

(3)In paragraph (2)(f) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

(4)After paragraph (2) insert—

(3)The Lord Chief Justice may nominate any of the following to exercise his functions under this Article—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).

83(1)Article 364 (insolvent partnerships) is amended as follows.U.K.

(2)In paragraph (1) after “concurrence of” insert “ the Lord Chief Justice and ”.

(3)After paragraph (1) insert—

(1ZA)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (1)—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).

84(1)Article 365 (insolvent estates of deceased persons) is amended as follows.U.K.

(2)In paragraph (1) after “concurrence of” insert “ the Lord Chief Justice and ”.

(3)After paragraph (1) insert—

(1ZA)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (1)—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).