The Insolvency (Amendment) (2016 Act) (Consequential Amendments and Revocation) Order (Northern Ireland) 2021

Statutory Rules of Northern Ireland

2021 No. 140

Insolvency

The Insolvency (Amendment) (2016 Act) (Consequential Amendments and Revocation) Order (Northern Ireland) 2021

Made

27th May 2021

Coming into operation

30th June 2021

The Department for the Economy(1) makes the following Order in exercise of the powers conferred on it by section 11(2) of the Insolvency (Amendment) Act (Northern Ireland) 2016(2).

Citation and commencement

1.  This Order may be cited as the Insolvency (Amendment) (2016 Act) (Consequential Amendments and Revocation) Order (Northern Ireland) 2021 and comes into operation on 30th June 2021.

Amendment of the Insolvency Rules (Northern Ireland) 1991

2.  Omit rule 5.01 of the Insolvency Rules (Northern Ireland) 1991(3).

Amendment of the Insolvency Regulations (Northern Ireland) 1996

3.—(1) The Insolvency Regulations (Northern Ireland) 1996(4) are amended as follows,

(2) In Regulation 3 (interpretation and application)—

(a) in paragraph 1—

(i) omit the definition of “debtor”;

(ii) in the definition of “trustee” omit paragraph (b) and the preceding “and”;

(b) in paragraph 5 omit sub-paragraph (c).

(3) For the cross-heading to “Part 6” substitute “USE OF ELECTRONIC COMMUNICATIONS”.

(4) Omit regulations 38 to 49.

(5) Omit Schedule 2.

(6) In paragraph 7 of Schedule 3, in the table –

(a) in the first column, omit the entries from “39” to the end;

(b) in the second column, omit the entries from “38” to the end.

Amendment of the Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005

4.  In the Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005(5), in regulation 6, omit paragraph (2).

Amendment of the Insolvency Practitioners Regulations (Northern Ireland) 2006

5.  In the Insolvency Practitioners Regulations (Northern Ireland) 2006(6), in paragraph 7 of Schedule 3, omit sub-paragraph (d).

Amendment of the Insolvency (Fees) Order (Northern Ireland) 2006

6.—(1) — In the Insolvency (Fees) Order (Northern Ireland) 2006(7), in Article 4, in the heading, omit “, deeds of arrangement”.

(2) In Schedule 2 to that Order—

(a) in paragraph 1(1), omit the definition of “the registrar”;

(b) in paragraph 2, in the Table of Fees, omit—

(i) the entries for fees 1 to 8;

(ii) the headings in the first, second and third columns relating to those entries;

(iii) “Fees payable in respect of deeds of arrangement only”.

Amendment of the Rates (Unoccupied Hereditaments) Regulations (Northern Ireland) 2011

7.  In the Rates (Unoccupied Hereditaments) Regulations (Northern Ireland) 2011(8), in the Schedule, omit paragraph 13.

Amendment of the Insolvency (Fees) (Amendment No. 2) Order (Northern Ireland) 2011

8.  In the Insolvency (Fees) (Amendment No. 2) Order (Northern Ireland) 2011(9), in the heading to article 5, omit “, deeds of arrangement”.

Revocation of the Deeds of Arrangement Regulations (Northern Ireland) 1996

9.  The Deeds of Arrangement Regulations (Northern Ireland) 1996(10) are revoked.

Sealed with the Official Seal of the Department for the Economy on 27 May 2021

(L.S.)

Colin Jack

A senior officer of the Department for the Economy

EXPLANATORY NOTE

(This note is not part of the -Order)

This Order revokes the Deeds of Arrangement Regulations (Northern Ireland) 1996 and makes amendments to subordinate legislation consequential to the repeal by section 11 of the Insolvency (Amendment) Act (Northern Ireland) 2016 (2016 c. 2 (N.I.)) of Chapter 1 of Part 8 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) which made provision for deeds of arrangement.

A Regulatory Impact Assessment has not been produced for this Order as it will have no effect on the costs of business or the voluntary sector.

(1)

Formerly the Department of Enterprise, Trade and Investment; see section 1(3) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.))

(2)

2016 c. 2 (N.I.)

(3)

S.R. 1991 No. 364

(4)

S.R. 1996 No. 574

(5)

S.R. 2005 No.126

(6)

S.R. 2006 No. 33

(7)

S.R. 2006 No. 54

(8)

S.R. 2011 No. 36

(9)

S.R. 2011 No. 390

(10)

S.R. 1996 No. 575