F1Pt. 1A inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), ss. 4(1), 49(1) (with ss. 2(2), 5(2))
Modifications etc. (not altering text)
C1Pts. 1-5 modified by S.R. 2004/307 (as amended (1.10.2006) by Limited Liability Partnerships (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/377), reg. 3, Sch. 2; (temp.) (27.4.2020 retrospective) by virtue of Corporate Insolvency and Governance Act 2020 (c. 12), Sch. 11 para. 8(1)(2), 14 (with ss. 2(2), 5(2)); (26.6.2020) by The Limited Liability Partnerships (Amendment etc.) Regulations 2020 (S.I. 2020/643), reg. 1(1), Sch. 2 (with reg. 3); (16.2.2021) by The Limited Liability Partnerships (Amendment etc.) Regulations 2021 (S.I. 2021/60), reg. 1(1), Sch. 2 (with reg. 4(2)))
C2Pts. 1-5 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)
13HD.—(1) In this Part “pre-moratorium debt”, in relation to a company for which a moratorium is or has been in force, means—
(a)any debt or other liability to which the company becomes subject before the moratorium comes into force, or
(b)any debt or other liability to which the company has become or may become subject during the moratorium by reason of any obligation incurred before the moratorium comes into force,
but this is subject to paragraph (3).
(2) In this Part “moratorium debt”, in relation to a company for which a moratorium is or has been in force, means—
(a)any debt or other liability to which the company becomes subject during the moratorium, other than by reason of an obligation incurred before the moratorium came into force, or
(b)any debt or other liability to which the company has become or may become subject after the end of the moratorium by reason of an obligation incurred during the moratorium,
but this is subject to paragraph (3).
(3) For the purposes of this Part—
(a)a liability in tort is a “pre-moratorium debt” if either—
(i)the cause of action has accrued before the moratorium comes into force, or
(ii)all the elements necessary to establish the cause of action exist before the moratorium comes into force except for actionable damage;
(b)a liability in tort is a “moratorium debt” if it does not fall within sub-paragraph (a) and either—
(i)the cause of action has accrued during the moratorium, or
(ii)all the elements necessary to establish the cause of action exist before the moratorium comes to an end except for actionable damage.
(4) Regulations may amend this Article for the purposes of changing the definition of “pre-moratorium debt” and “moratorium debt” in this Part.
(5) Regulations may not be made under paragraph (4) unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.]