The Insolvency (Northern Ireland) Order 1989

Changes over time for: Section 197

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Changes to legislation:

The Insolvency (Northern Ireland) Order 1989, Section 197 is up to date with all changes known to be in force on or before 01 August 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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Changes and effects yet to be applied to Article 197:

Instrument amended by 1998 c. 11 s. 23 Sch. 5 Pt.1 Ch. 3 para. 40
Instrument amended (prosp) by S.I. 1994/279 (N.I.) art. 26(1) Sch. 2 para. 15

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

Sch. 9 Pt. 2 para. 66 revoked by 1996 c. 23 s. 107(2) Sch. 4 (Amendment could not be applied. The relevant affected text is not available on legislation.gov.uk)
art. 2B inserted by 2016 c. 2 (N.I.) s. 2(1)
art. 208ZA applied (with modifications) by S.I. 2021/716, reg. 37A (as inserted) by S.I. 2023/1399 reg. 12 (This amendment not applied to Legislation.gov.uk. S. 208ZA is inserted by the Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 1(1) which is currently prospective.)
art. 208ZA-208ZB inserted by 2016 c. 2 (N.I.) s. 1(1)
art. 208ZB applied (with modifications) by S.I. 2021/716, reg. 37A (as inserted) by S.I. 2023/1399 reg. 12 (This amendment not applied to Legislation.gov.uk. S. 208ZB is inserted by the Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 1(1) which is currently prospective.)
art. 345A-345B inserted by 2016 c. 2 (N.I.) s. 1(2)

Supplies of water, electricity, etc.N.I.

F1197.—(1) This Article applies in the case of a company where—

[F2(a)the company enters administration, or]

(b)an administrative receiver is appointed, or

F3(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a voluntary arrangement [F4approved under Part II], has taken effect, or

(d)the company goes into liquidation, or

(e)a provisional liquidator is appointed;

and “the office‐holder” means the administrator, the administrative receiver F5..., the supervisor of the voluntary arrangement, the liquidator or the provisional liquidator, as the case may be.

(2) If a request is made by or with the concurrence of the office‐holder for the giving, after the effective date, of any of the supplies mentioned in paragraph (3), the supplier—

(a)may make it a condition of the giving of the supply that the office‐holder personally guarantees the payment of any charges in respect of the supply, but

(b)shall not make it a condition of the giving of the supply, or do anything which has the effect of making it a condition of the giving of the supply, that any outstanding charges in respect of a supply given to the company before the effective date are paid.

(3) The supplies referred to in paragraph (2) are—

(a)a supply of electricity by [F6a public electricity supplier within the meaning of Part II of the Electricity (Northern Ireland) Order 1992],

[F7(aza)a supply of electricity by a class of person within Class A (small supply) or Class B (resale) of Schedule 3 to the Electricity (Class Exemptions from the Requirement for a Licence) Order (Northern Ireland) 2013 (S.R. 2013/93);]

[F8(aa)a supply of gas by the holder of a licence under Article 8 of the Gas (Northern Ireland) Order 1996;]

[F9(b)a supply of water or sewerage services by a water or sewerage undertaker;]

[F10(ba)a supply of water by a person who has an interest in the premises to which the supply is given;]

[F11(c)a supply of communications services by a provider of a public electronic communications service,]

[F12(d)a supply of communications services by a person who carries on a business which includes giving such supplies;

(e)a supply of goods or services mentioned in paragraph (3A) by a person who carries on a business which includes giving such supplies, where the supply is for the purpose of enabling or facilitating anything to be done by electronic means;]

[F11and in this paragraph “communications services” do not include electronic communications services to the extent that they are used to broadcast or transmit programme services (within the meaning of the Communications Act 2003).]

[F13(3A) The goods and services referred to in paragraph (3)(e) are—

(a)point of sale terminals;

(b)computer hardware and software;

(c)information, advice and technical assistance in connection with the use of information technology;

(d)data storage and processing;

(e)website hosting.]

(4) “The effective date” for the purposes of this Article is whichever is applicable of the following dates—

[F14(a)the date on which the company entered administration]

(b)the date on which the administrative receiver was appointed (or, if he was appointed in succession to another administrative receiver, the date on which the first of his predecessors was appointed),

F15(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the date on which the voluntary arrangement [F4took effect],

(d)the date on which the company went into liquidation,

(e)the date on which the provisional liquidator was appointed.

F1mod.by SR 1990/177; SR 1991/411

F2Art. 197(1)(a) substituted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 3(3), Sch. 2 para. 33(a) (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2-7)