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- Point in Time (18/08/2006)
- Original (As made)
The Insolvency (Northern Ireland) Order 1989 is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date.
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PART II COMPANY VOLUNTARY ARRANGEMENTS
PART III ADMINISTRATION ORDERS
PART V WINDING UP OF COMPANIES REGISTERED UNDER THE COMPANIES ORDERS
CHAPTER II VOLUNTARY WINDING UP (INTRODUCTORY AND GENERAL)
CHAPTER V PROVISIONS APPLYING TO BOTH KINDS OF VOLUNTARY WINDING UP
CHAPTER VI WINDING UP BY THE HIGH COURT
CHAPTER VIII PROVISIONS OF GENERAL APPLICATION IN WINDING UP
PART VII MISCELLANEOUS PROVISIONS APPLYING TO COMPANIES WHICH ARE INSOLVENT OR IN LIQUIDATION
CHAPTER I BANKRUPTCY PETITIONS; BANKRUPTCY ORDERS
CHAPTER II PROTECTION OF BANKRUPT'S ESTATE AND INVESTIGATION OF HIS AFFAIRS
CHAPTER III TRUSTEES IN BANKRUPTCY
CHAPTER IV ADMINISTRATION BY TRUSTEE
Distribution of bankrupt's estate
CHAPTER V EFFECT OF BANKRUPTCY ON CERTAIN RIGHTS, TRANSACTIONS, ETC.
PARTS XI TO XIV MISCELLANEOUS MATTERS BEARING ON BOTH COMPANY AND INDIVIDUAL INSOLVENCY
PART XI PREFERENTIAL DEBTS IN COMPANY AND INDIVIDUAL INSOLVENCY
SCHEDULES
7.A person may be appointed as administrator of a company only if he is qualified
8.A person may not be appointed as administrator of a company which is in administration
9.A person may not be appointed as administrator of a company which is in liquidation
10.A person may not be appointed as administrator of a company which—
APPOINTMENT OF ADMINISTRATOR BY HIGH COURT
APPOINTMENT OF ADMINISTRATOR BY HOLDER OF FLOATING CHARGE
APPOINTMENT OF ADMINISTRATOR BY COMPANY OR DIRECTORS
ADMINISTRATION APPLICATION — SPECIAL CASES
60.The administrator of a company may do anything necessary or expedient for the management of
61.The administrator of a company has the powers specified in Schedule 1.
63.The administrator of a company may call a meeting of members or creditors of the
64.The administrator of a company may apply to the High Court for directions in connection
65.A company in administration or an officer of a company in administration may not exercise
Supplying vacancy in office of administrator
92.Where the administrator was appointed by administration order, the High Court may replace the administrator
93.Where the administrator was appointed under paragraph 15 the holder of the floating charge by
94.Where the administrator was appointed under paragraph 23(1) by the company it may replace the
95.Where the administrator was appointed under paragraph 23(2) the directors of the company may replace
96.The High Court may replace an administrator on the application of a person listed in
Substitution of administrator: competing floating charge-holder
Substitution of administrator appointed by company or directors: creditors' meeting
POWERS OF ADMINISTRATOR OR ADMINISTRATIVE RECEIVER
1.Power to take possession of, collect and get in the property of the company and,...
2.Power to sell or otherwise dispose of the company's property, including the goodwill and book...
3.Power to make, on such terms and conditions as he may think proper, a sub‐fee...
4.Power to raise or borrow money and grant security therefor over the property of the...
5.Power to appoint a solicitor or accountant or other professionally qualified person to assist him...
6.Power to bring or defend any action or other legal proceedings in the name and...
7.Power to refer to arbitration any question affecting the company.
8.Power to effect and maintain insurances in respect of the business and property of the...
10.Power to do all acts and to execute in the name and on behalf of...
11.Power to draw, accept, make and endorse any bill of exchange or promissory note in...
12.Power to appoint any agent to do any business which he is unable to do...
13.Power to do all such things (including the carrying out of works) as may be...
14.Power to make any payment which is necessary or incidental to the performance of his...
17.Power to transfer to subsidiaries of the company the whole or any part of the...
18.Power to grant or accept a surrender of a lease or tenancy of any of...
19.Power to make any arrangement or compromise on behalf of the company.
21.Power to rank and claim in the bankruptcy, insolvency or liquidation of any person indebted...
22.Power to present or defend a petition for the winding up of the company.
23.Power to change the situation of the company's registered office.
24.Power to do all other things incidental to the exercise of the foregoing powers.
EXCEPTIONS TO PROHIBITION ON APPOINTMENT OF ADMINISTRATIVE RECEIVER: SUPPLEMENTARY PROVISIONS
POWERS OF LIQUIDATOR IN A WINDING UP
PART III POWERS EXERCISABLE WITHOUT SANCTION IN ANY WINDING UP
6.Power to sell any part of the company's property, including the goodwill and book debts...
7.Without prejudice to Article 28 or 30 of the Property (Northern Ireland) Order 1997, power...
8.Power to do all acts and execute, in the name and on behalf of the...
9.Power to prove, rank and claim in the bankruptcy or insolvency of any contributory for...
10.Power to draw, accept, make and endorse any bill of exchange or promissory note in...
11.Power to raise on the security of the assets of the company any money requisite.
12.(1) Power to take out in his official name letters of administration to any deceased...
13.Power to appoint an agent to do any business which the liquidator is unable to...
14.Power to do all such other things as may be necessary for winding up the...
CONDITIONS FOR MAKING A DEBT RELIEF ORDER
PART 1 CONDITIONS WHICH MUST BE MET
Debtor's previous insolvency history
2.The debtor is not, on the determination date— (a) an undischarged bankrupt; (b) subject to...
3.A debtor's petition for the debtor's bankruptcy under Part 9— (a) has not been presented...
4.A creditor's petition for the debtor's bankruptcy under Part 9— (a) has not been presented...
5.A debt relief order has not been made in relation to the debtor in the...
DEBT RELIEF RESTRICTIONS ORDERS AND UNDERTAKINGS
BANKRUPTCY RESTRICTIONS ORDER AND UNDERTAKING
POWERS OF TRUSTEE IN BANKRUPTCY
PART I POWERS EXERCISABLE WITH SANCTION
1.Power to carry on any business of the bankrupt so far as may be necessary...
2.Power to bring, institute or defend any action or legal proceedings relating to the property...
2A.Power to bring legal proceedings under Article 312, 313 or 367.
3.Power to accept as the consideration for the sale of any property comprised in the...
4.Power to mortgage or pledge any part of the property comprised in the bankrupt's estate...
5.Power, where any right, option or other power forms part of the bankrupt's estate, to...
6.Power to refer to arbitration, or compromise on such terms as may be agreed on,...
7.Power to make such compromise or other arrangement as may be thought expedient with creditors,...
8.Power to make such compromise or other arrangement as may be thought expedient with respect...
PART II POWERS EXERCISABLE WITHOUT SANCTION
9.Power to sell any part of the property for the time being comprised in the...
10.Without prejudice to Article 28 or 30 of the Property (Northern Ireland) Order 1997, power...
11.Power to give receipts for any money received by him, being receipts which effectually discharge...
12.Power to prove, rank, claim and draw a dividend in respect of such debts due...
13.Power to exercise in relation to any property comprised in the bankrupt's estate any powers...
14.Power to deal with any property comprised in the estate to which the bankrupt is...
THE CATEGORIES OF PREFERENTIAL DEBTS
Category 2: Debts due to Customs and Excise
Category 4: Contributions to occupational pension schemes, etc.
Category 5: Remuneration, etc., of employees
9.So much of any amount which— (a) is owed by the debtor to a person...
10.An amount owed by way of accrued holiday remuneration, in respect of any period of...
11.So much of any sum owed in respect of money advanced for the purpose as...
12.So much of any amount which— (a) is ordered (whether before or after the relevant...
PROVISIONS CAPABLE OF INCLUSION IN COMPANY INSOLVENCY RULES
8.Provision with respect to the certification of any person as, and as to the proof...
9.The following provision with respect to meetings of a company's creditors, contributories or members— (a)...
10.(1) Provision as to the functions, membership and proceedings of a committee established under Article...
11.Provision as to the manner in which any requirement that may be imposed on a...
12.Provision as to the debts that may be proved in a winding up, as to...
13.Provision with respect to the manner of the distribution of the property of a company...
14.Provision which, with or without modifications, applies in relation to the winding up of companies...
14A.Provision about the application of Article 150A which may include, in particular— (a) provision enabling...
15.Provision as to the amount, or manner of determining the amount, payable to the liquidator,...
16.Provision with respect to the manner in which money received by the liquidator of a...
16A.Provision enabling the Department to set the rate of interest paid on sums which have...
17.Provision as to the costs that may be treated as the expenses of a winding...
18.Provision as to the costs that may be treated as properly incurred by the administrator...
19.Provision as to the costs that may be incurred for any of the purposes of...
20.Provision requiring officers of the High Court— (a) to keep books and other records with...
21.Provision requiring a creditor, member or contributory, or such a committee as is mentioned in...
22.Provision as to the manner in which public examinations under Articles 113 and 114 and...
23.Provision imposing requirements with respect to— (a) the preparation and keeping by the liquidator, administrator...
24.Provision requiring the person who is the supervisor of a voluntary arrangement approved under Part...
25.Provision as to the manner in which the liquidator of a company is to act...
26.Provision imposing requirements in connection with the carrying out of functions under Article 10(4) of...
PROVISIONS CAPABLE OF INCLUSION IN INDIVIDUAL INSOLVENCY RULES
Administration of individual insolvency
9.Provision with respect to the certification of the appointment of any person as trustee of
10.The following provision with respect to meetings of creditors—
11.Provision as to the functions, membership and proceedings of a creditors' committee established under Article
12.Provision as to the manner in which any requirement that may be imposed on a
13.Provision as to the manner in which any requirement imposed by virtue of Article 283(3)
14.Provision as to the terms and conditions that may be included in a charge under
15.Provision as to the debts that may be proved in any bankruptcy, as to the
16.Provision with respect to the manner of the distribution of a bankrupt's estate, including provision
17.Provision modifying the application of Parts VIII to X in relation to a debtor or
18.Provision as to the amount, or manner of determining the amount, payable to an interim...
19.Provision with respect to the manner in which money received by the trustee of a...
19A.Provision enabling the Department to set the rate of interest paid on sums which have...
20.Provision as to the costs that may be treated as the expenses of a bankruptcy.
21.Provision as to the costs that may be incurred for any of the purposes of...
23.Provision requiring a creditor or a committee established under Article 274 to be supplied (on
24.Provision as to the manner in which public examinations under Article 263 and proceedings under
26.Provision requiring the person who is the supervisor of a voluntary arrangement approved under Part
27.Provision as to the manner in which the trustee of a bankrupt's estate is to
PUNISHMENT OF OFFENCES UNDER THIS ORDER
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