The Insolvency (Northern Ireland) Order 1989

Article 359.

SCHEDULE 6 F1 N.I. PROVISIONS CAPABLE OF INCLUSION IN INDIVIDUAL INSOLVENCY RULES

F1 mod. by SR 2004/307

High Court N.I.

1.  Provision for regulating the practice and procedure of the High Court for the purposes of [F2 Parts 7A to 10], being any provision that could be made by rules of court. N.I.

F2 Words in Sch. 6 para. 1 substituted (30.6.2011) by Debt Relief Act (Northern Ireland) 2010 (c. 16), ss. 6, 7(1), Sch. para. 4(14)(a); S.R. 2011/13, art. 2

2.  Provision conferring rights of audience, in the High Court for the purposes of [F3 Parts 7A to 10], on the official receiver. N.I.

F3 Words in Sch. 6 para. 2 substituted (30.6.2011) by Debt Relief Act (Northern Ireland) 2010 (c. 16), ss. 6, 7(1), Sch. para. 4(14)(b); S.R. 2011/13, art. 2

Notices, etc. N.I.

3.  Provision requiring notice of any proceedings under [F4 Parts 7A to 10] or of any matter relating to or arising out of a proposal under Part VIII or a bankruptcy to be given or published in the prescribed manner. N.I.

F4 Words in Sch. 6 para. 3 substituted (30.6.2011) by Debt Relief Act (Northern Ireland) 2010 (c. 16), ss. 6, 7(1), Sch. para. 4(14)(c); S.R. 2011/13, art. 2

4.  Provision with respect to the form, manner of serving, contents and proof of any petition, application, order, notice, statement or other document required to be presented, made, given, published or prepared under any provision contained in [F5 Parts 7A to 10], or Articles 359 to 366 (including provision requiring prescribed matters to be verified by affidavit). N.I.

F5 Words in Sch. 6 para. 4 substituted (30.6.2011) by Debt Relief Act (Northern Ireland) 2010 (c. 16), ss. 6, 7(1), Sch. para. 4(14)(d); S.R. 2011/13, art. 2

5.  Provision specifying the persons to whom any notice under [F6 Parts 7A to 10] is to be given. N.I.

F6 Words in Sch. 6 para. 5 substituted (30.6.2011) by Debt Relief Act (Northern Ireland) 2010 (c. 16), ss. 6, 7(1), Sch. para. 4(14)(e); S.R. 2011/13, art. 2

[F7 Debt relief orders N.I.

F7 Sch. 6 paras. 5A-5E and cross-headings inserted (30.6.2011) by Debt Relief Act (Northern Ireland) 2010 (c. 16), ss. 6, 7(1), Sch. para. 4(14)(f); S.R. 2011/13, art. 2

5A   Provision as to the manner in which the official receiver is to carry out his functions under Part 7A. N.I.

5B   Provision as to the manner in which any requirement that may be imposed by the official receiver on a person under Part 7A is to take effect. N.I.

5C   Provision modifying the application of Part 7A in relation to an individual who has died at a time when a moratorium period under a debt relief order applies in relation to him. N.I.

Debt relief restrictions orders and undertakings N.I.

5D   Provision about debt relief restrictions orders, interim orders and undertakings, including provision about evidence. N.I.

Register of debt relief orders and debt relief restrictions orders, etc. N.I.

5E   Provision about the register required to be maintained by Article 208W and the information to be contained in it, including provision— N.I.

(a) enabling the amalgamation of the register with another register;

(b) enabling inspection of the register by the public.]

F8 ... Voluntary arrangements N.I.

F8 Words in Sch. 6 para. 6 cross-heading repealed (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 28(2), Sch. 4; S.R. 2016/203, art. 2

6.  Provision F9 ... for the registration of F10 ... voluntary arrangements approved under Part VIII, including provision for the keeping and inspection of a register. N.I.

F9 Words in Sch. 6 para. 6 repealed (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 28(2), Sch. 4; S.R. 2016/203, art. 2

F10 Word in Sch. 6 para. 6 repealed (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 28(2), Sch. 4; S.R. 2016/203, art. 2

[F11 Official receiver acting on voluntary arrangement] N.I.

F11 Sch. 6 para. 6A and preceding cross - heading inserted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 25, Sch. 8 para. 16(2) (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2 - 7)

[F12 6A.   Provision about the official receiver acting as nominee or supervisor in relation to a voluntary arrangement under Part VIII, including— N.I.

(a) provision requiring the official receiver to act in specified circumstances;

(b) provision about remuneration;

(c) provision prescribing terms or conditions to be treated as forming part of a voluntary arrangement in relation to which the official receiver acts as nominee or supervisor;

(d) provision enabling those terms or conditions to be varied or excluded, in specified circumstances or subject to specified conditions, by express provision in an arrangement.]

F12 Sch. 6 para. 6A and preceding cross - heading inserted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 25, Sch. 8 para. 16(2) (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2 - 7)

Interim receiver N.I.

7.  Provision as to the manner in which an interim receiver appointed under Article 259 is to carry out his functions, including any such provision as is specified in relation to the trustee of a bankrupt's estate in paragraph 19 or 25. N.I.

Receiver or manager N.I.

8.  Provision as to the manner in which the official receiver is to carry out his functions as receiver or manager of a bankrupt's estate under Article 260, including any such provision as is specified in relation to the trustee of a bankrupt's estate in paragraph 19 or 25. N.I.

Administration of individual insolvency N.I.

9.  Provision with respect to the certification of the appointment of any person as trustee of a bankrupt's estate and as to the proof of that appointment. N.I.

10.  The following provision with respect to meetings of creditors— N.I.

(a) provision as to the manner of summoning a meeting (including provision as to how any power to require a meeting is to be exercised, provision as to the manner of determining the value of any debt for the purposes of any such power and provision making the exercise of any such power subject to the deposit of a sum sufficient to cover the expenses likely to be incurred in summoning and holding a meeting);

(b) provision specifying the time and place at which a meeting may be held and the period of notice required for a meeting;

(c) provision as to the procedure to be followed at such a meeting (including the manner in which decisions may be reached by a meeting and the manner in which the value of any vote at a meeting is to be determined);

(d) provision for requiring a bankrupt or debtor to attend a meeting;

(e) provision creating, in the prescribed circumstances, a presumption that a meeting has been duly summoned and held; and

(f) provision as to the manner of proving the decisions of a meeting.

11.  Provision as to the functions, membership and proceedings of a creditors' committee established under Article 274. N.I.

12.  Provision as to the manner in which any requirement that may be imposed on a person under [F13 Parts 7A to 10] by the official receiver, the trustee of a bankrupt's estate or a special manager appointed under Article 341 is to be so imposed and, in the case of any requirement imposed underArticle 278(3) (information, etc., to be given by the trustee to the official receiver), provision conferring power on the High Court to make orders for the purpose of securing compliance with that requirement. N.I.

F13 Words in Sch. 6 para. 12 substituted (30.6.2011) by Debt Relief Act (Northern Ireland) 2010 (c. 16), ss. 6, 7(1), Sch. para. 4(14)(g); S.R. 2011/13, art. 2

13.  Provision as to the manner in which any requirement imposed by virtue of Article 283(3) (compliance with income payments order) is to take effect. N.I.

14.  Provision as to the terms and conditions that may be included in a charge under Article 286 (dwelling house forming part of bankrupt's estate). N.I.

15.  Provision as to the debts that may be proved in any bankruptcy, as to the manner and conditions of proving a debt and as to the manner and expenses of establishing the value of any debt or security. N.I.

16.  Provision with respect to the manner of the distribution of a bankrupt's estate, including provision with respect to unclaimed funds and dividends. N.I.

17.  Provision modifying the application of Parts VIII to X in relation to a debtor or bankrupt who has died. N.I.

Financial provisions N.I.

18.  Provision as to the amount, or manner of determining the amount, payable to an interim receiver, the trustee of a bankrupt's estate or a special manager appointed under Article 341 by way of remuneration for the performance of functions in connection with or arising out of the bankruptcy of any person. N.I.

19.  Provision with respect to the manner in which money received by the trustee of a bankrupt's estate in the course of carrying out his functions as such is to be paid into and out of the Insolvency Account, invested or otherwise handled and with respect to the payment of interest on sums which, in pursuance of rules made by virtue of this paragraph, have been paid into the Insolvency Account. N.I.

[F14 19A.   Provision enabling the Department to set the rate of interest paid on sums which have been paid into the Insolvency Account.] N.I.

F14 Sch. 6 para. 19A inserted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 27(2) (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2-7)

20.  Provision as to the costs that may be treated as the expenses of a bankruptcy. N.I.

21.  Provision as to the costs that may be incurred for any of the purposes of Part VIII or in the administration of any voluntary arrangement approved under that Part. N.I.

Information and records N.I.

22.  Provision requiring officers of the High Court— N.I.

(a) to keep books and other records with respect to the exercise of the jurisdiction of the Court under [F15 Parts 7A to 10], and

(b) to make returns to the Department of the business of the Court.

F15 Words in Sch. 6 para. 22(a) substituted (30.6.2011) by Debt Relief Act (Northern Ireland) 2010 (c. 16), ss. 6, 7(1), Sch. para. 4(14)(h); S.R. 2011/13, art. 2

23.  Provision requiring a creditor or a committee established under Article 274 to be supplied (on payment in prescribed cases of the prescribed fee) with such information and with copies of such documents as may be prescribed. N.I.

24.  Provision as to the manner in which public examinations under Article 263 and proceedings under Articles 337 to 339 are to be conducted, as to the circumstances in which records of such examinations and proceedings are to be made available to prescribed persons and as to the costs of such examinations and proceedings. N.I.

25.  Provision imposing requirements with respect to— N.I.

(a) the preparation and keeping by the trustee of a bankrupt's estateF16 ... or the supervisor of a voluntary arrangement approved under Part VIII, of prescribed books, accounts and other records;

(b) the production in the manner and at the location prescribed of those books, accounts and records for inspection by prescribed persons; and

(c) the auditing of accounts kept by the trustee of a bankrupt's estateF16 ... or the supervisor of such a voluntary arrangement.

F16 Words in Sch. 6 para. 25(a)(c) repealed (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 28(2), Sch. 4; S.R. 2016/203, art. 2

26.  Provision requiring the person who is the supervisor of a voluntary arrangement approved under Part VIII, when it appears to him that the voluntary arrangement has been fully implemented and that nothing remains to be done by him under it— N.I.

(a) to give notice of that fact to persons bound by the voluntary arrangement, and

(b) to report to those persons on the carrying out of the functions conferred on the supervisor of it.

27.  Provision as to the manner in which the trustee of a bankrupt's estate is to act in relation to the books, papers and other records of the bankrupt, including provision authorising their disposal. N.I.

[F17 Bankruptcy restrictions orders and undertakings] N.I.

F17 Sch. 6 para. 27A and preceding cross - heading inserted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 25, Sch. 8 para. 16(3) (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2 - 7)

[F18 27A.   Provision about bankruptcy restrictions orders, interim orders and undertakings, including—

(a) provision about evidence;

(b) provision enabling the amalgamation of the register mentioned in paragraph 12 of Schedule 2A with another register;

(c) provision enabling inspection of that register by the public.]

F18 Sch. 6 para. 27A and preceding cross - heading inserted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 25, Sch. 8 para. 16(3) (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2 - 7)

General N.I.

28.  Provision conferring power on the Department to make regulations with respect to so much of any matter that may be provided for in the rules as relates to F19 ... the Insolvency Account or to the carrying out of the functions of an interim receiver appointed under Article 259, of the official receiver while acting as a receiver or manager under Article 260 or of a trustee of a bankrupt's estate. N.I.

F19 Words in Sch. 6 para. 28 repealed (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 28(2), Sch. 4; S.R. 2016/203, art. 2

29.  Provision conferring a discretion on the High Court. N.I.

30.  Provision making non‐compliance with any of the rules a criminal offence. N.I.