The Insolvency (Northern Ireland) Order 1989

[F124.(1) This paragraph applies where there is an uncrystallised floating charge on the property of a company for which a moratorium is in force.N.I.

(2) If the conditions for the holder of the charge to give a notice having the effect mentioned in sub-paragraph (4) are met at any time, the notice may not be given at that time but may instead be given as soon as practicable after the moratorium has come to an end.

(3) If any other event occurs at any time which (apart from this sub-paragraph) would have the effect mentioned in sub-paragraph (4), then—

(a)the event shall not have the effect in question at that time, but

(b)if notice of the event is given to the company by the holder of the charge as soon as is practicable after the moratorium has come to an end, the event is to be treated as if it had occurred when the notice was given.

(4) The effect referred to in sub-paragraphs (2) and (3) is—

(a)causing the crystallisation of the floating charge, or

(b)causing the imposition, by virtue of provision in the instrument creating the charge, of any restriction on the disposal of any property of the company.

(5) Application may not be made for leave under paragraph 23(1)(g) or (h) with a view to obtaining—

(a)the crystallisation of the floating charge, or

(b)the imposition, by virtue of provision in the instrument creating the charge, of any restriction on the disposal of any property of the company.]