The Insolvency (2005 Order) (Transitional Provisions and Savings) Order (Northern Ireland) 2006

Administration – transitional provisions

2.—(1) In this Article “the former administration provisions” means the law relating to administration under Part III of the Insolvency (Northern Ireland) Order 1989 and paragraph 15 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1994(1) without the amendments and repeals made by the provisions of the 2005 Order mentioned in paragraph (2).

(2) For the purposes of paragraph (1), the provisions of the 2005 Order are —

(a) Article 3 of, and Schedules 1 and 2 to, the 2005 Order;

(b) Article 31 of, and Schedule 9 to, the 2005 Order as respects the repeals relating to Articles 176, 194(1), 195(1) and (2), 196, 204(1) and 207(3) of the Insolvency (Northern Ireland) Order 1989;

(c) Article 31 of, and Schedule 9 to, the 2005 Order insofar as they effect the repeal of the entries in Schedule 7 to the Insolvency (Northern Ireland) Order 1989 which make ancillary provision in relation to offences created by Articles 25(2), 28(8), 30(5), 33(3), 34(6), 35(3), 36(7) and 39(6) of that Order; and

(d) Article 31 of, and Schedule 9 to, the 2005 Order insofar as they effect the repeal of paragraph 15 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1994.

(3) In any case where a petition for an administration order has been presented before the commencement date, the former administration provisions shall continue to apply.

(4) The former administration provisions shall continue to apply insofar as it is necessary to give effect to—

(a) the Insolvent Partnerships Order (Northern Ireland) 1995(2)

(b) regulation 5 of the Limited Liability Partnerships Regulations (Northern Ireland) 2004(3); and

(c) the Financial Services and Markets Act 2000 (Administration Orders Relating to Insurers) (Northern Ireland) Order 2005(4)

(1)

S.I.1994/2795 (N.I. 15)

(2)

S.R. 1995 No. 225

(3)

S.R. 2004 No. 307

(4)

S.I. 2005/1644