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PART XIIIN.I.PUBLIC ADMINISTRATION

Modifications etc. (not altering text)

Other order‐making powersN.I.

Insolvent partnershipsN.I.

364 .F1—(1) The [F2Department of Justice] may, by order made with the concurrence of[F3 the Lord Chief Justice and] the Department, provide that such provisions of this Order, Part VI of the Judgments Enforcement (Northern Ireland) Order 1981F4, the Land Registration Act (Northern Ireland) 1970F5 or the Registration of Deeds Acts as may be specified in the order shall apply in relation to insolvent partnerships with such modifications as may be so specified.

[F6(1ZA) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (1)—

(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).]

[F7(1A) An order under this Article may make provision in relation to the [F8EU Regulation].

(1B) Provision made by virtue of this Article in relation to the [F9EU Regulation] may not create [F10a new relevant offence (see Article 366A)].]

(2) An order under this Article shall be subject to[F11 negative resolution].

F1mod. by SR 2004/307

F7SR 2002/223

Modifications etc. (not altering text)

C3Art. 364 applied (with modifications) (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 28(5), 94(1); S.I. 2008/755, art. 15(1)(f)

Insolvent estates of deceased personsN.I.

365 .F12—(1) The [F13Department of Justice] may, by order made with the concurrence of[F14 the Lord Chief Justice and] the Department, provide that such provisions of this Order, Part VI of the Judgments Enforcement (Northern Ireland) Order 1981, the Land Registration Act (Northern Ireland) 1970 or the Registration of Deeds Acts as may be specified in the order shall apply[F15 in relation] to the administration of the insolvent estates of deceased persons with such modifications as may be so specified.

[F16(1ZA) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (1)—

(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).]

[F17(1A) An order under this Article may make provision in relation to the [F18EU Regulation].

(1B) Provision made by virtue of this Article in relation to the [F19EU Regulation] may not create [F20a new relevant offence (see Article 366A)].]

(2) An order under this Article shall be subject to[F21negative resolution].

(3) For the purposes of this Article the estate of a deceased person is insolvent if, when realised, it will be insufficient to meet in full all the debts and other liabilities to which it is subject.

F12mod. by SR 2004/307

F17SR 2002/223

[F22Insolvent estates: joint tenanciesN.I.

365A.—(1) This Article applies where—

(a)an insolvency administration order has been made in respect of the insolvent estate of a deceased person,

(b)the petition for the order was presented after the commencement of this Article and within the period of 5 years beginning with the day on which he died, and

(c)immediately before his death he was beneficially entitled to an interest in any property as joint tenant.

(2) For the purpose of securing that debts and other liabilities to which the estate is subject are met, the High Court may, on an application by the trustee appointed pursuant to the insolvency administration order, make an order under this Article requiring the survivor to pay to the trustee an amount not exceeding the value lost to the estate.

(3) In determining whether to make an order under this Article, and the terms of such an order, the High Court must have regard to all the circumstances of the case, including the interests of the deceased's creditors and of the survivor; but, unless the circumstances are exceptional, the Court must assume that the interests of the deceased's creditors outweigh all other considerations.

(4) The order may be made on such terms and conditions as the High Court thinks fit.

(5) Any sums required to be paid to the trustee in accordance with an order under this Article shall be comprised in the estate.

(6) The modifications of this Order which may be made by an order under Article 365 include any modifications which are necessary or expedient in consequence of this Article.

(7) In this Article “survivor” means the person who, immediately before the death, was beneficially entitled as joint tenant with the deceased or, if the person who was so entitled dies after the making of the insolvency administration order, his personal representatives.

(8) If there is more than one survivor—

(a)an order under this Article may be made against all or any of them, but

(b)no survivor shall be required to pay more than so much of the value lost to the estate as is properly attributable to him.

(9) In this Article—

[F23Formerly authorised banks]N.I.

366.—[F24(1) The Department may, by order subject to negative resolution, after consultation with the [F25Financial Conduct Authority and the Prudential Regulation Authority] provide that specified provisions in [F26Parts 1A to 7] shall apply with specified modifications in relation to any person who—

(a)has a liability in respect of a deposit which he accepted in accordance with the Banking Act 1979 or 1987, but

(b)does not have permission under Part IV of the Financial Services and Markets Act 2000 (regulated activities) to accept deposits.

(1A) Paragraph (1)(b) shall be construed in accordance with—

(a)section 22 of the Financial Services and Markets Act 2000 (classes of regulated activity and categories of investment),

(b)any relevant order under that section, and

(c)Schedule 2 to that Act (regulated activities).]

(2) F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23SI 2004/355

[F28Meaning of “relevant offence”N.I.

366A.  In Articles 359(2B), 364(1B) and 365(1B), a “relevant offence” is a criminal offence punishable with imprisonment for more than two years or punishable on summary conviction with imprisonment for more than three months or with a fine of more than level 5 on the standard scale (if not calculated on a daily basis) or with a fine of more than £100 a day.]