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The Insolvency (Northern Ireland) Order 1989, Interim bankruptcy restrictions order is up to date with all changes known to be in force on or before 01 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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F1Sch. 2A inserted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 13(2), Sch. 5 (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2 - 7)
5.—(1) This paragraph applies at any time between—N.I.
(a)the institution of an application for a bankruptcy restrictions order, and
(b)the determination of the application.
(2) The High Court may make an interim bankruptcy restrictions order if the Court thinks that—
(a)there are prima facie grounds to suggest that the application for the bankruptcy restrictions order will be successful, and
(b)it is in the public interest to make an interim order.
(3) An interim order may be made only on the application of—
(a)the Department, or
(b)the official receiver acting on a direction of the Department.
(4) An interim order—
(a)shall have the same effect as a bankruptcy restrictions order, and
(b)shall come into force when it is made.
(5) An interim order shall cease to have effect—
(a)on the determination of the application for the bankruptcy restrictions order,
(b)on the acceptance of a bankruptcy restrictions undertaking made by the bankrupt, or
(c)if the Court discharges the interim order on the application of the person who applied for it or of the bankrupt.
6.—(1) This paragraph applies to a case in which both an interim bankruptcy restrictions order and a bankruptcy restrictions order are made.N.I.
(2) Paragraph 4(2) shall have effect in relation to the bankruptcy restrictions order as if a reference to the date of that order were a reference to the date of the interim order.]
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