xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Modifications etc. (not altering text)
C1Pts. 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)))
C2Pts. 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)
362.—(1) The Department may by order—
[F1(za)increase or reduce any of the money sums for the time being specified in the following provisions of Part 1A—
Article 13DG(1) (maximum amount of credit which company may obtain without disclosing moratorium);
Article 13DJ(2) (maximum amount for certain payments without obtaining monitor consent etc);
Article 13G(2) (minimum value of company property concealed or fraudulently removed, affecting criminal liability of company's officer); or]
(a )F2increase or reduce any of the money sums for the time being specified in—
Article 103(1)(a) (minimum debt for service of demand on company by unpaid creditor);
Article 170(1)(a) and (b) (minimum value of company property concealed or fraudulently removed, affecting criminal liability of company's officer);
Article 186(1) (minimum debt for service of demand on unregistered company by unpaid creditor);
F3...
F3...
(b )F2specify amounts for the purposes of the following provisions—
[F4Article 208S(4) (maximum amount of credit which a person in respect of whom a debt relief order is made may obtain without disclosure of his status);]
Article 247 (minimum value of debtor's estate determining whether immediate bankruptcy order should be made; small bankruptcies level);
[F5Article 286A (value of property below which application for sale, possession or charge to be dismissed);]
Article 325(1)(b) and (3) (minimum amount of concealed debt, or value of property concealed or removed, determining criminal liability under the Article);
Article 329(1)(a) (minimum value of property taken by a bankrupt out of Northern Ireland, determining his criminal liability);
Article 331(1)(a) (maximum amount of credit which bankrupt may obtain without disclosure of his status);
Article 332(2)(a) (exemption of bankrupt from criminal liability for failure to keep proper accounts, if unsecured debts not more than the prescribed minimum);
Article 335(2)(d) (minimum value of goods removed by the bankrupt, determining his liability to arrest)
[F6paragraphs 6 to 8 of Schedule 2ZA (maximum amount of a person's debts, monthly surplus income and property for purposes of obtaining a debt relief order);] F7...
F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
(2) An order under this Article may contain such transitional provisions as may appear to the Department necessary or expedient.
(3) No order shall be made under this Article unless a draft of it has been laid before, and approved by a resolution of the Assembly.
F1Art. 362(1)(za) inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 7 para. 23(2) (with ss. 2(2), 5(2))
F2mod. by SR 2004/307
F3Words in art. 362(1)(a) repealed (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 28(2), Sch. 4; S.R. 2016/203, art. 2
F4Words in art. 362(1)(b) inserted (30.6.2011) by Debt Relief Act (Northern Ireland) 2010 (c. 16), ss. 6, 7(1), Sch. para. 4(12)(a); S.R. 2011/13, art. 2
F5Words in art. 362(1)(b) inserted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 17(5) (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2 - 7)
F6Words in art. 362(1)(b) inserted (30.6.2011) by Debt Relief Act (Northern Ireland) 2010 (c. 16), ss. 6, 7(1), Sch. para. 4(12)(b); S.R. 2011/13, art. 2
F7Art. 362(1)(c) and word omitted (26.6.2020) by virtue of Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 7 para. 23(3) (with ss. 2(2), 5(2))