- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (26/06/2017)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 31/01/2019
Point in time view as at 26/06/2017.
The Insolvency (Northern Ireland) Order 1989, Cross Heading: Preliminary is up to date with all changes known to be in force on or before 13 July 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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238.—(1) A petition for a bankruptcy order (a bankruptcy petition) to be made against an individual may be presented to the High Court in accordance with the following provisions of this Part—
(a)by one of the individual's creditors or jointly by more than one of them,
(b)by the individual himself,
[F1(ba)by a temporary administrator (within the meaning of [F2Article 52 of the EU Regulation]),
[F3(bb) by an insolvency practitioner (within the meaning of Article 2(5) of the EU Regulation) appointed in proceedings by virtue of Article 3(1) of the EU Regulation]]
(c)by the supervisor of, or any person (other than the individual) who is for the time being bound by, a voluntary arrangement proposed by the individual and approved under Part VIII,F4. . .
(d)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Subject to those provisions, the High Court may make a bankruptcy order on any such petition.
F1SR 2002/334
F2Words in art. 238(1)(ba) substituted (26.6.2017) by The Insolvency Amendment (EU 2015/848) Regulations 2017 (S.I. 2017/702), reg. 1, Sch. para. 111(a) (with reg. 3)
F3art. 238(1)(bb) substituted (26.6.2017) by The Insolvency Amendment (EU 2015/848) Regulations 2017 (S.I. 2017/702), reg. 1, Sch. para. 111(b) (with reg. 3)
F4Word before art. 238(1)(d) repealed (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 25, 31, Sch. 8 para. 3, Sch. 9 (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2 - 7)
F5Art. 238(1)(d) repealed (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 25, 31, Sch. 8 para. 3, Sch. 9 (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2 - 7)
239.—(1) A bankruptcy petition shall not be presented to the High Court under Article 238(1)(a) or (b) unless the debtor—
(a)is domiciled in Northern Ireland,
(b)is personally present in Northern Ireland on the day on which the petition is presented, or
(c)at any time in the 3 years immediately preceding that day—
(i)has been ordinarily resident, or has had a place of residence, in Northern Ireland, or
(ii)has carried on business in Northern Ireland.
(2) The reference in paragraph (1)(c) to an individual carrying on business includes—
(a)the carrying on of business by a firm or partnership of which the individual is a member, and
(b)the carrying on of business by an agent or manager for the individual or for such a firm or partnership.
[F6(3) This Article is subject to Article 3 of the [F7EU Regulation].]
F6SR 2002/334
F7Words in art. 239(3) substituted (26.6.2017) by The Insolvency Amendment (EU 2015/848) Regulations 2017 (S.I. 2017/702), reg. 1, Sch. para. 112 (with reg. 3)
240.—(1) Where a bankruptcy petition relating to an individual is presented by a person who is entitled to present a petition under 2 or more sub‐paragraphs of Article 238(1), the petition is to be treated for the purposes of this Part as a petition under such one of those sub‐paragraphs as may be specified in the petition.
(2) A bankruptcy petition shall not be withdrawn without the leave of the High Court.
(3) The High Court may, if it appears to it appropriate to do so on the grounds that there has been a contravention of the rules or for any other reason, dismiss a bankruptcy petition or stay proceedings on such a petition; and, where it stays proceedings on a petition, it may do so on such terms and conditions as it thinks fit.
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