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The Insolvency (Northern Ireland) Order 1989
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- 30/06/2011- Amendment
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The Insolvency (Northern Ireland) Order 1989, Section 208R is up to date with all changes known to be in force on or before 23 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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Valid from 30/06/2011
[F1Fraudulent dealing with property obtained on creditN.I.
208R—(1) A person in respect of whom a debt relief order is made shall be guilty of an offence if during the relevant period he disposed of any property which he had obtained on credit and, at the time he disposed of it, had not paid for it.
(2) Any other person shall be guilty of an offence if during the relevant period he acquired or received property from a person in respect of whom a debt relief order was made (the “debtor”) knowing or believing—
(a)that the debtor owed money in respect of the property, and
(b)that the debtor did not intend, or was unlikely to be able, to pay the money he so owed.
(3) In paragraphs (1) and (2) “relevant period” means the period between—
(a)the start of the period of 2 years ending with the application date; and
(b)the determination date.
(4) In the case of an offence under paragraph (1) or (2) it shall be a defence for the person charged to prove that the disposal, acquisition or receipt of the property was in the ordinary course of a business carried on by the debtor at the time of the disposal, acquisition or receipt.
(5) In determining for the purposes of paragraph (4) whether any property is disposed of, acquired or received in the ordinary course of a business carried on by the debtor, regard may be had, in particular, to the price paid for the property.
(6) It shall be a defence for a person charged with an offence under paragraph (1) to prove that, in respect of the conduct constituting the offence, he had no intent to defraud or to conceal the state of his affairs.
(7) In this Article references to disposing of property include pawning or pledging it; and references to acquiring or receiving property shall be read accordingly.
(8) It is immaterial for the purposes of this Article whether or not the debt relief order in question is revoked after the conduct constituting an offence takes place (but no offence is committed by virtue of conduct occurring after the order is revoked).]
F1Pt. 7A (arts. 208A-208X) inserted (30.6.2011) by Debt Relief Act (Northern Ireland) 2010 (c. 16), ss. 1(b), 7(1); S.R. 2011/13, art. 2
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