The Insolvency (Amendment) Rules (Northern Ireland) 2006

PART 7 NEW PART 6A FOR INSERTION INTO THE PRINCIPAL RULES

93.  After Part 6 of the principal Rules there shall be inserted—

“PART 6A

CHAPTER 1 GENERAL

The register of individual voluntary arrangements; the bankruptcy restrictions register

6A.1— (1) The Department shall create and maintain a register of matters relating to individual voluntary arrangements in accordance with the provisions of this Part (referred to in this Part as “the register of individual voluntary arrangements”).

(2) The register referred to in paragraph 12 of Schedule 2A to the Order (referred to in this Part as “the bankruptcy restrictions register”) shall be maintained in accordance with the provisions of this Part.

(3) In this Part the “registers” means the registers referred to in paragraphs (1) and (2) of this Rule.

(4) The registers shall be open to public inspection on any business day between the hours of 9.00 am and 5.00 pm.

(5) Where an obligation to enter information onto, or delete information from, the registers arises under this Part, that obligation shall be performed as soon as is reasonably practicable after it arises.

• [E.R. 6A.1]

CHAPTER 2 INDIVIDUAL INSOLVENCY REGISTER

Entry of information onto the register of individual voluntary arrangements

6A.2— (1) The Department shall enter onto the register of individual voluntary arrangements—

(a) as regards any voluntary arrangement other than a voluntary arrangement under Article 237A any information—

(i) that was required to be held on the register of individual voluntary arrangements maintained by the Department immediately prior to the coming into operation of this Rule and which relates to a voluntary arrangement which has not been completed or has not terminated on or before the date on which this Rule comes into operation; or

(ii) that is sent to it in pursuance of Rule 5.28 or Rule 5.33; and

(b) as regards any voluntary arrangement under Article 237A of which notice is given to it pursuant to Rule 5.44—

(i) the name and address of the debtor; and

(ii) the date on which the arrangement was approved by the creditors; and,

(c) in the circumstances set out in (a) and (b), the debtor’s gender, date of birth and any name by which he was known, not being the name in which he has entered into the voluntary arrangement.

(2) This Rule shall be subject to Rule 6A.3.

• [E.R. 6A.2]

Deletion of information from the register of individual voluntary arrangements

6A.3   The Department shall delete from the register of individual voluntary arrangements all information concerning an individual voluntary arrangement where—

(a) he receives notice under Rule 5.29(5) or Rule 5.45(4) of the making of a revocation order in respect of the arrangement; or

(b) he receives notice under Rule 5.33(3) or Rule 5.49(3) of the full implementation or termination of the arrangement.

• [E.R. 6A.3]

CHAPTER 3 BANKRUPTCY RESTRICTIONS REGISTER

Bankruptcy restrictions orders and undertakings — entry of information onto the bankruptcy restrictions register

6A.4— (1) Where an interim bankruptcy restrictions order or a bankruptcy restrictions order is made against a bankrupt, the Department shall enter onto the bankruptcy restrictions register—

(a) the name, gender, occupation (if any) and date of birth of the bankrupt;

(b) the bankrupt’s last known address;

(c) a statement that an interim bankruptcy restrictions order or, as the case may be, a bankruptcy restrictions order has been made against him;

(d) the date of the making of the order, and the court reference number; and

(e) the duration of the order.

(2) Where a bankruptcy restrictions undertaking is given by a bankrupt, the Department shall enter onto the bankruptcy restrictions register—

(a) the name, gender, occupation (if any) and date of birth of the bankrupt;

(b) the bankrupt’s last known address;

(c) a statement that a bankruptcy restrictions undertaking has been given;

(d) the date of the acceptance of the bankruptcy restrictions undertaking by the Department; and

(e) the duration of the bankruptcy restrictions undertaking.

(3) This Rule shall be subject to Rule 6A.5.

• [E.R. 6A.6]

Deletion of information from the bankruptcy restrictions register — bankruptcy restrictions orders and undertakings

6A.5.   In any case where an interim bankruptcy restrictions order or a bankruptcy restrictions order is made or a bankruptcy restrictions undertaking has been accepted, the Department shall remove from the bankruptcy restrictions register all information regarding that order or, as the case may be, undertaking after—

(a) receipt of notification that the order or, as the case may be, the undertaking has ceased to have effect; or

(b) the expiry of the order or, as the case may be, undertaking.

• [E.R. 6A.7]

CHAPTER 4 RECTIFICATION OF REGISTERS

Rectification of the registers

6A.6.— (1) Where the Department becomes aware that there is any inaccuracy in any information maintained on the registers it shall rectify the inaccuracy as soon as reasonably practicable.

(2) Where the Department receives notice of the date of the death of a bankrupt in respect of whom information is held on the register of individual voluntary arrangements or on the bankruptcy restrictions register, it shall cause the fact and date of the bankrupt’s death to be entered onto that register.

• [E.R. 6A.8]”