The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010

Insolvency (Northern Ireland) Order 1989

141.  Amend the Insolvency (Northern Ireland) Order 1989(1) as follows.

142.—(1) Amend Article 359 (insolvency rules) as follows.

(2) In paragraphs (1) and (2)(d) for “Lord Chancellor” substitute “Department of Justice”.

(3) In paragraph (4) for the words from “annulment” to “accordingly” substitute “negative resolution”.

143.  In Article 360(1) (committee to review rules under Article 359) for “Lord Chancellor” substitute “Department of Justice”.

144.  In Article 364 (insolvent partnerships)—

(a) in paragraph (1) for “Lord Chancellor” substitute “Department of Justice”;

(b) in paragraph (2) for the words from “annulment” to “accordingly” substitute “negative resolution”.

145.  In Article 365 (insolvent estates of deceased persons)—

(a) in paragraph (1) for “Lord Chancellor” substitute “Department of Justice”;

(b) in paragraph (2) for the words from “annulment” to “accordingly” substitute “negative resolution”.

146.—(1) In this paragraph “relevant function” means a function under Article 359 conferred by virtue of—

(a) section 134 or 167 of the Banking Act 2009(2), or

(b) article 17 of the Building Societies (Insolvency and Special Administration) Order 2009(3).

(2) Any relevant function of the Lord Chancellor is transferred to the Department of Justice.

(3) Any relevant function of the Treasury is transferred to the Department of Finance and Personnel in Northern Ireland.

(1)

S.I. 1989/2405 (N.I. 19); Relevant amendments were made by S.R. (N.I.) 2002 No. 223. In Article 359, paragraphs (1A) and (1B) were inserted by the Constitutional Reform Act 2005 (c. 4), section 15 and Schedule 5, paragraphs 80 and 81. Articles 360(1), 364(1) and 365(1) were amended by the Constitutional Reform Act 2005 (c. 4), section 15 and Schedule 5, paragraphs 82 to 84.

(2)

2009 c. 1.

(3)

S.I. 2009/805.