The Insolvency (Northern Ireland) Order 1989

Insolvency rules N.I.

Insolvency rules N.I.

359.—(1) The Lord Chancellor may, with the concurrence of the Department and after consultation with the committee appointed under Article 360, make rules for the purpose of giving effect to this Order [F1 or the EC Regulation].

F2 (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 the Companies Order (old winding‐up rules), and

(b )F3 any such provision as is specified in Schedule 6 or corresponds to provision contained immediately before the coming into operation of this Order in rules made under Article 33(1) and (2) of the Bankruptcy Amendment (Northern Ireland) Order 1980F4 (old bankruptcy rules), and

(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 Lord Chancellor or, as the case may be, the Department necessary or expedient.

[F1 (2A )F3  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 EC Regulation (in so far as the provision of this Order relates to a matter to which the EC Regulation applies).

(2B) Rules under this Article for the purpose of giving effect to the EC Regulation may not create an offence of a kind referred to in paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972.]

(3) In Schedule 5 “liquidator” includes a provisional liquidator; and references in this Article to this Order are to be read as including the Companies Order 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 annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946F5 shall apply accordingly.

(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.

F1 SR 2002/223

F2 prosp. insertion by 2005 c. 4

F3 mod. by SR 2004/307

F4 1980 NI 4

F5 1946 c. 36

Committee to review rules under Article 359 N.I.

360.—(1) There shallF6 F7 continue to be a committee appointed by the Lord Chancellor to keep under review rules for the time being in force under Article 359 and to make recommendations to the Lord Chancellor as to any changes in the rules that may appear to the committee to be desirable.

(2) The committee shall consist of—

(a) the Chancery Judge;

(b) the Master (Bankruptcy);

(c) a practising barrister‐at‐law;

(d) a practising solicitor of the Supreme Court;

(e) a practising accountant; and

(f) such additional persons, if any, as appear to theF6 F7 Lord Chancellor to have qualifications or experience that would be of value to the committee in considering any matter with which it is concerned.F8

F6 prosp. subst. by 2002 c. 26

F7 prosp. subst. by 2005 c. 4

F8 prosp. insertion by 2005 c. 4