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The Agricultural Marketing (Northern Ireland) Order 1982
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The Agricultural Marketing (Northern Ireland) Order 1982, Paragraph 5 is up to date with all changes known to be in force on or before 03 December 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.
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Changes and effects yet to be applied to Schedule 6 Paragraph 5:
- Sch.8 rev.in pt. and am. (prosp.) by 1998 c. 41 s.74(1) (3) Sch.12 para.6 Sch.14 Pt.II
- Instrument mod. (prosp.) by 1998 c. 41 s.45(7) Sch.7 Pt.II para.20(2)(c)
5.—(1) Every scheme shall provide for the winding up of the board, and for that purpose may apply[F1 Part VI of the Insolvency (Northern Ireland) Order 1989] (which contains provisions for the winding up of unregistered companies), subject to the modifications set out in this paragraph.N.I.
(2) For the purpose of[F1 Articles 185, 186 and 188 of the Insolvency (Northern Ireland) Order 1989] , the principal place of business of the board shall be deemed to be the office of the board the address of which is notified to the Department under paragraph 4.
(3) [F1Article 187 of the Insolvency (Northern Ireland) Order 1989 shall not apply and Article 188(1)(b)] shall apply as if the words “or any member thereof as such” were omitted.
(4) A petition for winding up a board may be presented by the Department as well as by any person authorised under[F1 Part V of the Insolvency (Northern Ireland) Order 1989] to present a petition for winding up a company.
(5) In the event of the winding up of a board, every person who at any time during the relevant period was an enrolled producer shall be liable to contribute to the payment of the debts and liabilities of the board and to the payment of the costs, charges and expenses of the winding up an amount assessed in such manner and subject to such limitations as may be provided by the scheme, but save as aforesaid no person shall be liable to contribute to the assets of the board in the winding up by reason only of his being or having been an enrolled producer or a member of the board.
(6) Except as provided by paragraph 6, any assets of the board remaining after the discharge of the debts and liabilities of the board and the payment of the costs, charges and expenses incurred in the winding up shall be distributed by the court among the persons who at any time during the relevant period were enrolled producers.
(7) In this paragraph “the relevant period” means—
(a)in a case where, before the commencement of the winding up, the scheme has been revoked, the year immediately before the revocation of the scheme;
(b)in any other case, the year immediately before the commencement of the winding up.
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