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The Insolvency (Northern Ireland) Order 1989, Section 20 is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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20.—(1) This Article applies where a voluntary arrangement[F1 has effect under Article 17A].
(2) The person who is for the time being carrying out in relation to the voluntary arrangement the functions conferred—
[F1(a )F2on the nominee by virtue of the approval given at one or both of the meetings summoned under Article 16]
(b)by virtue of Article 15(4) or 17(2) on a person other than the nominee,
shall be known as the supervisor of the voluntary arrangement.
(3) If any of the company's creditors or any other person is dissatisfied by any act, omission or decision of the supervisor, he may apply to the High Court; and on the application the Court may—
(a)confirm, reverse or modify any act or decision of the supervisor,
(b)give him directions, or
(c)make such other order as it thinks fit.
(4) The supervisor—
(a)may apply to the High Court for directions in relation to any particular matter arising under the voluntary arrangement, and
(b)is included among the persons who may apply to the High Court for the winding up of the company or for an administration order to be made in relation to it.
(5) The High Court may, whenever—
(a)it is expedient to appoint a person to carry out the functions of the supervisor, and
(b)it is inexpedient, difficult or impracticable for an appointment to be made without the assistance of the Court,
make an order appointing a person who is qualified to act as an insolvency practitioner F3[F1... in relation to the voluntary arrangement], either in substitution for the existing supervisor or to fill a vacancy.
(6) The power conferred by paragraph (5) is exercisable so as to increase the number of persons exercising the functions of supervisor or, where there is more than one person exercising those functions, so as to replace one or more of those persons.
F2mod. by SR 2004/307
F3Words in art. 20(5) repealed (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 28(2), Sch. 3 para. 7, Sch. 4; S.R. 2016/203, art. 2
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