C6C8 PART XIIIPUBLIC ADMINISTRATION
Pts. 11-14 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)
Insolvency rules
Insolvency rulesC1F1F2F3C2C3C4C5C7359
1
F61A
Rules that affect court procedure may be made under paragraph (1) only with the concurrence of the Lord Chief Justice.
1B
The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph (1A)—
a
the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
b
a Lord Justice of Appeal (as defined in section 88 of that Act).
2
Without prejudice to the generality of paragraph (1), or to any provision of this Order by virtue of which rules under this Article may be made with respect to any matter, rules under this Article may contain—
a
any such provision as is specified in Schedule 5 or corresponds to provision contained immediately before the coming into operation of this Order in rules made, or having effect as if made under Article 613(1) and (2) of F7the Companies (Northern Ireland) Order 1986 (old winding‐up rules), and
b
c
provision for enabling the Master (Bankruptcy) to exercise such of the jurisdiction conferred for the purposes of this Order on the High Court as may be prescribed and for enabling the review of any such jurisdiction, and
d
such incidental, supplemental and transitional provision as may appear to the F10Department of Justice or, as the case may be, the Department necessary or expedient.
F52A
F8 For the purposes of paragraph (2), a reference in Schedule 5 or Schedule 6 to doing anything under or for the purposes of a provision of this Order includes a reference to doing anything under or for the purposes of the F14EU Regulation (in so far as the provision of this Order relates to a matter to which the F14EU Regulation applies).
2B
3
In Schedule 5 “liquidator” includes a provisional liquidator; and references in this Article to this Order are to be read as including F11the Companies Acts so far as relating to, and to matters connected with or arising out of, the insolvency or winding up of companies.
4
Rules under this Article shall be subject to F12 negative resolution.
5
Regulations made by the Department under a power conferred by rules under this Article shall be subject to affirmative resolution.
6
Nothing in this Article prejudices any power to make rules of court.]]]
Pts. 11-14 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)))