The Insolvency (Northern Ireland) Order 1989

Fees orders N.I.

F1 F2 F3 [[[361.—(1) The Department may, with the concurrence of the Department of Finance and Personnel, by order subject to affirmative resolution specify the fees which shall be paid in respect of—

[F4 (za) the costs of persons acting as approved intermediaries under Part 7A;]

(a) proceedings under this Order other than fees to which section 116 of the Judicature (Northern Ireland) Act 1978F5 (court fees, etc.) applies; and

(b) the performance by the official receiver or the Department of functions under this Order;

and the Department of Finance and Personnel may direct by whom and in what manner the fees are to be collected and accounted for.

(2) The Department may, with the concurrence of the Department of Finance and Personnel, by order subject to negative resolution provide for sums to be deposited, by such persons, in such manner and in such circumstances as may be specified in the order, by way of security for—

(a) fees payable by virtue of this Article, and

(b) F6 fees payable to any person who has prepared an insolvency practitioner's report under Article 248.

(3) An order under this Article may contain such incidental, supplemental, and transitional provisions as may appear to the Department or (as the case may be) the Department of Finance and Personnel necessary or expedient.

(4) References in paragraph (1) to this Order are to be read as including [F7 the Companies Acts] so far as relating to, and to matters connected with or arising out of, the insolvency or winding up of companies.

(5) Nothing in this Article prejudices any power to make rules of court.]]]

F1 "By Banking Act 2009 (c. 1), ss. 126, 134, 263(1) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch. it is provided that art. 361 is amended (17.2.2009 for certain purposes, otherwise 21.2.2009) (art. 361 being the equivalent enactment having effect in relation to Northern Ireland to s. 414 of the Insolvency Act 1986 (c. 45))"

F2 "By Banking Act 2009 (c. 1), ss. 161, 167, 263(1) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch. it is provided that art. 361 is amended (17.2.2009 for certain purposes, otherwise 21.2.2009) (art. 361 being the equivalent enactment having effect in relation to Northern Ireland to s. 414 of the Insolvency Act 1986 (c. 45))"

F3 "By Building Societies (Insolvency and Special Administration) Order 2009 (S.I. 2009/805), arts. 14, 17 it is provided that art. 361 is amended (29.3.2009) (art. 361 being the equivalent enactment having effect in relation to Northern Ireland to s. 414 of the Insolvency Act 1986 (c. 45))"

F4 Art. 361(1)(za) inserted (30.6.2011) by Debt Relief Act (Northern Ireland) 2010 (c. 16), ss. 6, 7(1), Sch. para. 4(10); S.R. 2011/13, art. 2

F5 1978 c. 23

F6 mod. by SR 2004/307

F7 Words in art. 361(4) substituted (1.10.2007) by Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3)(a), 10(1), Sch. 4 para. 62 (with art. 12)

Modifications etc. (not altering text)

C1 Art. 361 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)