Chwilio Deddfwriaeth

The Insolvency Regulations (Northern Ireland) 1996

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Regulations 34 to 37

SCHEDULE 1OFFICIAL RECEIVER'S REMUNERATION

Table 1

The realisation scale
ion the first £5,000 or fraction thereof20%
iion the next £5,000 or fraction thereof15%
iiion the next £90,000 or fraction thereof10%
ivon all further sums realised5%
The distribution scale
ion the first £5,000 or fraction thereof10%
iion the next £5,000 or fraction thereof7.5%
iiion the next £90,000 or fraction thereof5%
ivon all further sums distributed2.5%

Table 2

Grade or Status of OfficialTotal hourly rate £
Official Receiver34
Deputy Official Receiver28
Deputy Principal28
Staff Officer26

SCHEDULE 2FORMS

Regulation 49.

Regulation 49

FORM 1INSOLVENCY REGULATIONS (NORTHERN IRELAND) 1996Affidavit of Execution by Debtor

Regulation 49

FORM 2INSOLVENCY REGULATIONS (NORTHERN IRELAND) 1996Affidavit of Execution where Deed is First Executed by a Creditor

Regulation 49

FORM 3INSOLVENCY REGULATIONS (NORTHERN IRELAND) 1996Debtor’s Affidavit

Regulation 49

FORM 4INSOLVENCY REGULATIONS (NORTHERN IRELAND) 1996Assent of Creditor to Deed

Regulation 49

FORM 5INSOLVENCY REGULATIONS (NORTHERN IRELAND) 1996Statutory Declaration by Trustee to be Filed with Registrar as to Assents of Creditors

Regulation 49

FORM 6INSOLVENCY REGULATIONS (NORTHERN IRELAND) 1996Certificate by Trustee to be Filed with Registrar that Creditors have Dispensed with his Giving Security

Regulation 50

SCHEDULE 3TRANSITIONAL AND SAVING PROVISIONS

Interpretation

1.  In this Schedule the expression “the former Regulations” means the Insolvency Regulations (Northern Ireland) 1991.

Requests pursuant to regulation 15(1) of the former Regulations

2.  Any request made pursuant to regulation 15(1) of the former Regulations which has not been complied with prior to 31st January 1997 shall be treated, in the case of a company that is being wound up by the court, as a request made pursuant to regulation 11(1) and, in the case of a bankruptcy, as a request made pursuant to regulation 26 and in each case the request shall be treated as if it had been made on 31st January 1997.

Things done under the provisions of the former Regulations

3.  So far as anything done under, or for the purposes of, any provision of the former Regulations could have been done under, or for the purposes of the corresponding provision of these Regulations, it is not invalidated by the revocation of that provision but has effect as if done under, or for the purposes of, the corresponding provision.

Time periods

4.  Where any period of time specified in a provision of the former Regulations is current immediately before 31st January 1997, these Regulations have effect as if the corresponding provision of these Regulations had been in operation when the period began to run; and (without prejudice to the foregoing) any period of time so specified and current is deemed for the purposes of these Regulations—

(a)to run from the date or event from which it was running immediately before 31st January 1997, and

(b)to expire whenever it would have expired if these Regulations had not been made;

and any rights, obligations, requirements, powers or duties dependent on the beginning, duration or end of such period as above-mentioned shall be under these Regulations as they were or would have been under the former Regulations.

References to other provisions

5.  Where in any provision of these Regulations there is a reference to another provision of these Regulations, and the first-mentioned provision operates, or is capable of operating, in relation to things done or omitted, or events occurring or not occurring, in the past (including in particular past acts of compliance with the former Regulations), the reference to that other provision is to read as including a reference to the corresponding provision of the former Regulations.

Provisions of Schedule to be without prejudice to the operation of sections 28 and 29 of the Interpretation Act (Northern Ireland) 1954

6.  The provisions of this Schedule shall have effect without prejudice to sections 28 and 29 of the Interpretation Act (Northern Ireland) 1954(1).

Meaning of “corresponding provision”

7.—(1) A provision in the former Regulations, except regulation 15(1) of those Regulations, is to be regarded as the corresponding provision of a provision in these Regulations notwithstanding any modifications made to the provision as it appears in these Regulations.

(2) Without prejudice to the generality of the term “corresponding provision” the following table shall, subject to sub-paragraph (3), have effect in the interpretation of that expression with a provision of these Regulations listed in the left hand column being regarded as the corresponding provision of a provision of the former Regulations listed opposite it in the right hand column and that latter provision being regarded as the corresponding provision of the first-mentioned provision:

Table

Provision in these RegulationsProvision in the former Regulations
54
66
75
817
921
109, 28
11(2)33
1210, 29
1311, 30
1514, 32
16(1)16
16(2)34
1736
1818, 35
204
216
225
2317
2421
259
2710
2811
3014
3116
3219
3320, 35
34, Table 1 in Schedule 122
36, Table 2 in Schedule 123
37, Table 1 in Schedule 125
3938
4039
4140
4241
4342
4444
4545
4647(6)
4748
4850
4951

(3) Where a provision of the former Regulations is expressed in the Table in sub-paragraph (2) to be the corresponding provision of a provision in these Regulations and the provision in the former Regulations was capable of applying to other proceedings in addition to those to which the provision in these Regulations is capable of applying, the provision in the former Regulations shall be construed as the corresponding provision of the provision in these Regulations only to the extent that they are both capable of applying to the same type of proceedings.

NOTE

The note in square brackets at the end of a regulation does not form part of these Regulations. “E.R.” refers to a corresponding regulation in the Insolvency Regulations 1994 [S.I. 1994/2507] which apply to bankrupts in England and Wales and to companies which the courts in England and Wales have jurisdiction to wind up. “D.A.R.” refers to a corresponding rule in the Deeds of Arrangement Rules 1925 [S.R. & O. 1925/795, as amended by S.R. & O. 1941/1253, S.I. 1962/297 and S.I. 1986/2001] which apply in England and Wales. A regulation may not be identical to a corresponding provision.

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