The Insolvency (Northern Ireland) Order 1989

Restrictions on unqualified persons acting as liquidator, trustee in bankruptcy, etc. N.I.

Acting as insolvency practitioner without qualification N.I.

348.—(1) F1 A person who acts as an insolvency practitioner in relation to a company or an individual at a time when he is not qualified to do so shall be guilty of an offence.

F2 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) This Article does not apply to the official receiver.

F1 mod. by SR 2004/307

F2 Art. 348(1A) repealed (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 28(2), Sch. 3 para. 14, Sch. 4; S.R. 2016/203, art. 2

Modifications etc. (not altering text)

C1 Art. 348 applied (with modifications) (4.1.2024) by S.I. 2021/716, reg. 37A (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 12)

Authorisation of nominees and supervisors N.I.

F3 348A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 Art. 348A repealed (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 28(2), Sch. 3 para. 15, Sch. 4; S.R. 2016/203, art. 2

[F4 Official receiver as nominee or supervisor N.I.

348B.— (1) The official receiver is authorised to act as nominee or supervisor in relation to a voluntary arrangement approved under Chapter II of Part VIII provided that the debtor is an undischarged bankrupt when the arrangement is proposed.

(2) The Department may by order repeal the proviso in paragraph (1).

(3) An order under paragraph (2) shall be subject to negative resolution.]

F4 Art. 348B inserted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 21(1), Sch. 7 para. 3 (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2 - 7)