The Insolvency (Northern Ireland) Order 1989

Supplies of water, electricity, etc. N.I.

343 .F1 —(1) This Article applies where on any day ( “the relevant day”)—

(a) a bankruptcy order is made against an individual or an interim receiver of an individual's property is appointed, or

(b) a voluntary arrangement proposed by an individual is approved under Chapter II of Part VIII, F2 ...

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and “the office‐holder” means the official receiver, the trustee in bankruptcy, the interim receiver [F3 or], the supervisor of the voluntary arrangement F4 ..., as the case may be.

(2) If a request falling within paragraph (3) is made for the giving after the relevant day of any of the supplies mentioned in paragraph (4), the supplier—

(a) may make it a condition of the giving of the supply that the office‐holder personally guarantees the payment of any charges in respect of the supply, but

(b) shall not make it a condition of the giving of the supply, or do anything which has the effect of making it a condition of the giving of the supply, that any outstanding charges in respect of a supply given to the individual before the relevant day are paid.

(3) A request falls within this paragraph if it is made—

(a) by or with the concurrence of the office‐holder, and

(b) for the purposes of any business which is or has been carried on by the individual, by a firm or partnership of which the individual is or was a member, or by an agent or manager for the individual or for such a firm or partnership.

(4) The supplies referred to in paragraph (2) are—

(a) a supply of electricity by[F5 a public electricity supplier within the meaning of Part II of the Electricity (Northern Ireland) Order 1992,

[F6 (aa) a supply of gas by a holder of a licence under Article 8 of the Gas (Northern Ireland) Order 1996;

[F7 (b) a supply of water or sewerage services by a water or sewerage undertaker;]

[F8 (c) a supply of communications services by a provider of a[F9 public electronic communications service,

and in this paragraph “communications services” do not include electronic communications services to the extent that they are used to broadcast or transmit programme services (within the meaning of the Communications Act 2003).]]]]

F1 mod. by SR 1990/177; SR 1991/411

F2 Art. 343(1)(c) and word repealed (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 28(2), Sch. 4; S.R. 2016/203, art. 2

F3 Word in art. 343(1) inserted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 28(2), Sch. 3 para. 13; S.R. 2016/203, art. 2

F4 Words in art. 343(1) repealed (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 28(2), Sch. 4; S.R. 2016/203, art. 2

F5 1992 NI 1

F6 1996 NI 2

F7 Art. 343(4)(b) substituted (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(1), Sch. 12 para. 27(2) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

F8 2003 c. 21

F9 SI 2004/945