Judgments Enforcement (Northern Ireland) Order 1981

Restriction of other remedies, where administration order made N.I.

84.—(1) So long as an administration order is in force, a person who is scheduled to the order shall not, without the leave of the Office, be entitled to present, or join in, a bankruptcy petition against the debtor unless—

(a) his name was, before the date of the order, notified to the Office by the debtor for the purposes of the order; and

(b) the debt by virtue of which he presents, or joins in, the petition exceeds[F1 £1,500] or such other amount as may be prescribed by rules; and

(c) the notice given to him by the Office in accordance with Article 82( a) was received by him within 28 days immediately preceding the day on which the petition is presented.

(2) Subject to paragraph (3), when an administration order is made, no person to whom a debt scheduled to the order is owed by the debtor shall have any remedy against the person or property of the debtor in respect of that debt, except with the leave of the Office and on such terms as it may impose.

(3) Paragraph (2) shall not prevent the Office making any enforcement order when satisfied that such an order will not prevent or hinder the debtor from carrying out the terms of the administration order.

(4) Where a court in which proceedings, other than bankruptcy proceedings, are pending against the debtor in respect of any debt scheduled to an administration order receives notice of the administration order—

(a) if it is the High Court, it may; and

(b) if it is a county court or a court of summary jurisdiction, it shall,Bstay the proceedings, but may allow costs already incurred by the person to whom the debt is owed, and costs so allowed shall, on application to the Office, be added to the debt.

F1 SR 1985/164