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The Insolvency (Northern Ireland) Order 1989
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Changes over time for: Paragraph 85
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Changes to legislation:
The Insolvency (Northern Ireland) Order 1989, Paragraph 85 is up to date with all changes known to be in force on or before 28 November 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule B1 Paragraph 85:
- 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)
[F185.—(1) If the administrator of a company thinks that the company has no property which might permit a distribution to its creditors, he shall send a notice to that effect to the registrar.N.I.
F2(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The High Court may on the application of the administrator of a company disapply sub-paragraph (1) in respect of the company.
(3) On receipt of a notice under sub-paragraph (1) F3... the registrar shall register it F3....
(4) On the registration of a notice in respect of a company under sub-paragraph (1) the appointment of an administrator of the company shall cease to have effect.
(5) If an administrator sends a notice under sub-paragraph (1) he shall as soon as is reasonably practicable—
(a)file a copy of the notice with the Court, and
(b)send a copy of the notice to each creditor of whose claim and address he is aware.
(6) At the end of the period of 3 months beginning with the date of registration of a notice in respect of a company under sub-paragraph (1) the company is deemed to be dissolved F4....
F5(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(6B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) On an application in respect of a company by the administrator or another interested person the Court may—
(a)extend the period specified in sub-paragraph (6) F6...,
(b)suspend that period, or
(c)disapply sub-paragraph (6) F7....
(8) Where an order is made under sub-paragraph (7) in respect of a company the administrator shall as soon as is reasonably practicable notify the registrar.
(9) An administrator commits an offence if he fails without reasonable excuse to comply with sub-paragraph (5).]
F1Sch. 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)
F2Sch. B1 para. 85(1A)(1B) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 185(b)(i) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Sch. B1 para. 85(3) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 185(b)(ii) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Sch. B1 para. 85(6) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 185(b)(iii) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F5Sch. B1 para. 85(6A)(6B) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 185(b)(iv) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Sch. B1 para. 85(7)(a) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 185(b)(v) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Sch. B1 para. 85(7)(c) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 185(b)(v) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
Modifications etc. (not altering text)
C1Sch. 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)
C2Sch. B1 para. 85 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)
C3Sch. B1 para. 85 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)
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