The Insolvency (Northern Ireland) Order 1989

Fees N.I.

Fees orders N.I.

F1 F2 F3 [[[361.—(1) The Department may, with the concurrence of the Department of Finance and Personnel, by order subject to affirmative resolution specify the fees which shall be paid in respect of—

[F4 (za) the costs of persons acting as approved intermediaries under Part 7A;]

(a) proceedings under this Order other than fees to which section 116 of the Judicature (Northern Ireland) Act 1978F5 (court fees, etc.) applies; and

(b) the performance by the official receiver or the Department of functions under this Order;

and the Department of Finance and Personnel may direct by whom and in what manner the fees are to be collected and accounted for.

(2) The Department may, with the concurrence of the Department of Finance and Personnel, by order subject to negative resolution provide for sums to be deposited, by such persons, in such manner and in such circumstances as may be specified in the order, by way of security for—

(a) fees payable by virtue of this Article, and

(b) F6 fees payable to any person who has prepared an insolvency practitioner's report under Article 248.

(3) An order under this Article may contain such incidental, supplemental, and transitional provisions as may appear to the Department or (as the case may be) the Department of Finance and Personnel necessary or expedient.

(4) References in paragraph (1) to this Order are to be read as including [F7 the Companies Acts] so far as relating to, and to matters connected with or arising out of, the insolvency or winding up of companies.

(5) Nothing in this Article prejudices any power to make rules of court.]]]

F1 "By Banking Act 2009 (c. 1), ss. 126, 134, 263(1) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch. it is provided that art. 361 is amended (17.2.2009 for certain purposes, otherwise 21.2.2009) (art. 361 being the equivalent enactment having effect in relation to Northern Ireland to s. 414 of the Insolvency Act 1986 (c. 45))"

F2 "By Banking Act 2009 (c. 1), ss. 161, 167, 263(1) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch. it is provided that art. 361 is amended (17.2.2009 for certain purposes, otherwise 21.2.2009) (art. 361 being the equivalent enactment having effect in relation to Northern Ireland to s. 414 of the Insolvency Act 1986 (c. 45))"

F3 "By Building Societies (Insolvency and Special Administration) Order 2009 (S.I. 2009/805), arts. 14, 17 it is provided that art. 361 is amended (29.3.2009) (art. 361 being the equivalent enactment having effect in relation to Northern Ireland to s. 414 of the Insolvency Act 1986 (c. 45))"

F4 Art. 361(1)(za) inserted (30.6.2011) by Debt Relief Act (Northern Ireland) 2010 (c. 16), ss. 6, 7(1), Sch. para. 4(10); S.R. 2011/13, art. 2

F5 1978 c. 23

F6 mod. by SR 2004/307

F7 Words in art. 361(4) substituted (1.10.2007) by Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3)(a), 10(1), Sch. 4 para. 62 (with art. 12)

Modifications etc. (not altering text)

C1 Art. 361 applied (with modifications) (4.1.2024) by S.I. 2021/716, reg. 37A (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 12)

[F8 Fees orders (supplementary) N.I.

361A.— [F9 (A1) The Department—

(a) may, with the concurrence of the Department of Finance and Personnel, by order subject to negative resolution require a person or body to pay a fee in connection with the grant or maintenance of a designation of that person or body as a competent authority under Article 208U, and

(b) may refuse to grant, or may withdraw, any such designation where a fee is not paid.]

(1) The Department—

(a) may, with the concurrence of the Department of Finance and Personnel, by order subject to negative resolution require a body to pay a fee in connection with the grant or maintenance of recognition of the body under Article 350, and

(b) may refuse recognition, or revoke an order of recognition under Article 350(1) [F10 or (2)] by a further order, where a fee is not paid.

[F11 (1A) Fees under paragraph (1) may vary according to whether the body is recognised under Article 350(1) (body providing full and partial authorisation) or under Article 350(2) (body providing partial authorisation).]

[F12 (1B) In setting under paragraph (1) the amount of a fee in connection with maintenance of recognition, the matters to which the Department may have regard include, in particular, the costs of the Department in connection with any functions under Articles 350D, 350E, 350J, 350K and 350N.]

(2) The Department—

(a) may, with the concurrence of the Department of Finance and Personnel, by order subject to negative resolution require a person to pay a fee in connection with the grant or maintenance of authorisation of the person under Article 352, and

(b) may disregard an application or withdraw an authorisation where a fee is not paid.

(3) The Department may by order subject to negative resolution require the payment of fees in respect of—

(a) the operation of the Insolvency Account;

(b) payments into and out of that Account.

(4) The Department of Finance and Personnel may direct by whom and in what manner the fees are to be collected and accounted for.

(5) Paragraphs (3) and (5) of Article 361 apply to fees under this Article as they apply to fees under that Article.

[F13 (5A) Article 350M applies for the purposes of an order under paragraph (1)(b) as it applies for the purposes of a revocation order made under Article 350L.]

(6) Nothing in this Article prejudices the provision contained in Article 361.]

F8 Art. 361A inserted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 26(1) (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2 - 7)

F9 Art. 361A(A1) inserted (30.6.2011) by Debt Relief Act (Northern Ireland) 2010 (c. 16), ss. 6, 7(1), Sch. para. 4(11); S.R. 2011/13, art. 2

F10 Words in art. 361A(1)(b) inserted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 14(6)(a), 28(2); S.R. 2016/203, art. 2

F11 Art. 361A(1A) inserted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 14(6)(b), 28(2); S.R. 2016/203, art. 2

F12 Art. 361A(1B) inserted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 16(2), 28(2); S.R. 2016/203, art. 2

F13 Art. 361A(5A) inserted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 17(2), 28(2); S.R. 2016/203, art. 2