The Insolvency (Northern Ireland) Order 1989

[F1 General powers N.I.

F1 Sch. B1 inserted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 3(2), Sch. 1 (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2-7)

60.— (1) The administrator of a company may do anything necessary or expedient for the management of the affairs, business and property of the company. N.I.

(2) A provision of this Schedule which expressly permits the administrator to do a specified thing is without prejudice to the generality of sub-paragraph (1).

(3) A person who deals with the administrator of a company in good faith and for value need not inquire whether the administrator is acting within his powers.

Modifications etc. (not altering text)

C1 Sch. B1 para. 60 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)

C2 Sch. B1 applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 2A para. 6 (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), reg. 1(2), Sch. 2)

61.— [F2 (1)]  The administrator of a company has the powers specified in Schedule 1. N.I.

[F3 (2) But the power to sell, hire out or otherwise dispose of property is subject to any regulations that may be made under paragraph 61A.]

F2 Sch. B1 para. 61 renumbered as Sch. B1 para. 61(1) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), ss. 9(3), 49(1) (with ss. 2(2), 5(2))

F3 Sch. B1 para. 61(2) inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), ss. 9(4), 49(1) (with ss. 2(2), 5(2))

Modifications etc. (not altering text)

C3 Sch. B1 para. 61 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)

[F4 61A— (1) Regulations may make provision for— N.I.

(a) prohibiting, or

(b) imposing requirements or conditions in relation to,

the disposal, hiring out or sale of property of a company by the administrator to a connected person in circumstances specified in the regulations.

(2) Regulations under this paragraph may in particular require the approval of, or provide for the imposition of requirements or conditions by—

(a) creditors of the company,

(b) the High Court, or

(c) a person of a description specified in the regulations.

(3) In sub-paragraph (1), “connected person”, in relation to a company, means—

(a) a relevant person in relation to the company, or

(b) a company connected with the company.

(4) For the purposes of sub-paragraph (3)—

(a) “relevant person”, in relation to a company, means—

(i) a director or other officer, or shadow director, of the company;

(ii) a non-employee associate of such a person;

(iii) a non-employee associate of the company;

(b) a company is connected with another if any relevant person of one is or has been a relevant person of the other.

(5) In sub-paragraph (4), “non-employee associate” of a person means a person who is an associate of that person otherwise than by virtue of employing or being employed by that person.

(6) Paragraph (11) of Article 4 (extended definition of company) applies for the purposes of sub-paragraphs (3) to (5) as it applies for the purposes of that Article.

(7) Regulations under this paragraph may make incidental, consequential, supplemental and transitional provision.

(8) Regulations may not be made under this paragraph unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

(9) This paragraph expires at the end of June 2021 unless the power conferred by it is exercised before then.]

F4 Sch. B1 para. 61A inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), ss. 9(5), 49(1) (with ss. 2(2), 5(2))

62.   The administrator of a company— N.I.

(a) may remove a director of the company, and

(b) may appoint a director of the company (whether or not to fill a vacancy).

Modifications etc. (not altering text)

C4 Sch. B1 para. 62 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)

C5 Sch. B1 para. 62 applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 2A para. 6 (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), reg. 1(2), Sch. 2)

C6 Sch. B1 para. 62 applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 1A para. 3 (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), reg. 1(2), Sch. 1)

63.   The administrator of a company may call a meeting of members or creditors of the company. N.I.

Modifications etc. (not altering text)

C7 Sch. B1 para. 63 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)

C8 Sch. B1 para. 63 applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 1A para. 3 (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), reg. 1(2), Sch. 1)

64.   The administrator of a company may apply to the High Court for directions in connection with his functions. N.I.

Modifications etc. (not altering text)

C9 Sch. B1 para. 64 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)

65.— (1) A company in administration or an officer of a company in administration may not exercise a management power without the consent of the administrator. N.I.

(2) For the purpose of sub-paragraph (1)—

(a) “ management power” means a power which could be exercised so as to interfere with the exercise of the administrator's powers,

(b) it is immaterial whether the power is conferred by an enactment or an instrument, and

(c) consent may be general or specific.]

Modifications etc. (not altering text)

C10 Sch. B1 para. 65 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)