- Latest available (Revised)
- Point in Time (29/03/2009)
- Original (As made)
Version Superseded: 01/10/2009
Point in time view as at 29/03/2009.
The Insolvency (Northern Ireland) Order 1989, SCHEDULE 7 is up to date with all changes known to be in force on or before 17 August 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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Article 373.
Article of Order creating offence | General nature of offence | Mode of prosecution | Punishment | Daily default fine (where applicable) |
---|---|---|---|---|
[F119A(1).] | [F1False representation or fraud for purpose of obtaining members' or creditor's approval of proposed voluntary arrangement.] | [F11. On indictment.] [F12. Summary.] | [F17 years or a fine, or both.] [F16 months or the statutory maximum, or both.] | |
F2. . . | F2. . . | F2. . . | F2. . . | |
F2. . . | F2. . . | F2. . . | F2. . . | F2. . . |
F2. . . | F2. . . | F2. . . | F2. . . | F2. . . |
F2. . . | F2. . . | F2. . . | F2. . . | F2. . . |
F2. . . | F2. . . | F2. . . | F2. . . | F2. . . |
F2. . . | F2. . . | F2. . . | F2. . . | F2. . . |
F2. . . | F2. . . | F2. . . | F2. . . | F2. . . |
F2. . . | F2. . . | F2. . . | F2. . . | F2. . . |
40 | Body corporate acting as receiver. | 1. On indictment. 2. Summary. | A fine. The statutory maximum. | |
41(1) | F3. . . bankrupt acting as receiver or manager. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
48(4) | Receiver failing to deliver accounts to registrar. | Summary. | One‐fifth of the statutory maximum. | One‐fiftieth of the statutory maximum. |
49(2) | Company and others failing to state in correspondence that receiver appointed. | Summary. | One‐fifth of the statutory maximum. | |
53(6) | Administrative receiver failing to file office copy of order permitting disposal or charged property. | Summary. | One‐fifth of the statutory maximum. | One‐fiftieth of the statutory maximum. |
55(5) | Administrative receiver failing to file notice of vacation of office. | Summary. | One‐fifth of the statutory maximum. | One‐fiftieth of the statutory maximum. |
56(4) | Administrative receiver failing to give notice of his appointment. | Summary. | One‐fifth of the statutory maximum. | One‐fiftieth of the statutory maximum. |
57(6) | Failure to comply with provisions relating to statement of affairs, where administrative receiver appointed. | 1. On indictment. 2. Summary. | A fine. The statutory maximum. | One‐tenth of the statutory maximum. |
58(8) | Administrative receiver failing to comply with requirements as to his report. | Summary. | One‐fifth of the statutory maximum. | One‐fiftieth of the statutory maximum. |
71(2)F4 | Company failing to give notice in Belfast Gazette of resolution for voluntary winding up. | Summary. | One‐fifth of the statutory maximum. | One‐fiftieth of the statutory maximum. |
75(4)F4 | Director making statutory declaration of company's solvency without reasonable grounds for his opinion. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
75(6) | Declaration under Article 75 not delivered to registrar within prescribed time. | Summary. | One‐fifth of the statutory maximum. | One‐fiftieth of the statutory maximum. |
79(3)F4 | Liquidator failing to summon general meeting of company at each year's end. | Summary. | One‐fifth of the statutory maximum. | |
80(4) | Liquidator failing to send to registrar a copy of account of winding up and return of final meeting. | Summary. | One‐fifth of the statutory maximum. | One‐fiftieth of the statutory maximum. |
80(6) | Liquidator failing to call final meeting. | Summary. | One‐fifth of the statutory maximum. | |
81(6) | Liquidator failing to comply with Article 81 where company insolvent. | Summary. | The statutory maximum. | |
84(4) | Company failing to comply with Article 84 in respect of summoning and giving notice of creditors' meeting. | 1. On indictment. 2. Summary. | A fine. The statutory maximum. | |
85(3)F4 | Directors failing to attend and lay statement in prescribed form before creditors' meeting. | 1. On indictment. 2. Summary. | A fine. The statutory maximum. | |
91(3)F4 | Liquidator failing to summon company general meeting and creditors' meeting at each year's end. | Summary. | One‐fifth of the statutory maximum. | |
92(4) | Liquidator failing to send to registrar account of winding up and return of final meetings. | Summary. | One‐fifth of the statutory maximum. | One‐fiftieth of the statutory maximum. |
92(6)F4 | Liquidator failing to call final meeting of company or creditors. | Summary. | One‐fifth of the statutory maximum. | |
95(2) | Liquidator failing to publish, or deliver to the registrar, notice of his appointment. | Summary. | One‐fifth of the statutory maximum. | One‐fiftieth of the statutory maximum. |
99(4) | Directors exercising powers in breach of Article 99, where no liquidator. | Summary. | The statutory maximum. | |
111(7) | Failing to comply with requirements as to statement of affairs, where liquidator appointed. | 1. On indictment. 2. Summary. | A fine. The statutory maximum. | One‐tenth of the statutory maximum. |
139 | Giving, offering, etc., corrupt inducement affecting appointment of liquidator. | 1. On indictment. 2. Summary. | A fine. The statutory maximum. | |
141(7) | Liquidator failing to comply with requirements of Article 141 in creditors' voluntary winding up. | Summary. | The statutory maximum. | |
159(2) | Default in compliance with Article 159 as to notification that company being wound up. | Summary. | One‐fifth of the statutory maximum. | |
162(2) | Liquidator failing to notify registrar as to progress of winding up. | Summary. | One‐fifth of the statutory maximum. | One‐fiftieth of the statutory maximum. |
166(4) | Failing to deliver to registrar office copy of High Court order deferring dissolution. | Summary. | One‐fifth of the statutory maximum. | One‐fiftieth of the statutory maximum. |
168(6) | Failing to deliver to registrar copy of directions or result of appeal under Article 168. | Summary. | One‐fifth of the statutory maximum. | One‐fiftieth of the statutory maximum. |
169(5) | Failing to deliver to registrar copy of Department's directions or High Court order deferring dissolution. | Summary. | One‐fifth of the statutory maximum. | One‐fiftieth of the statutory maximum. |
170(1) | Fraud, etc., in anticipation of winding up. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
170(2) | Privity to fraud in anticipation of winding up; fraud, or privity to fraud, after commencement of winding up. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
171(1) | Officer of company entering into transaction in fraud of company's creditors. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
172(1) | Officer of company misconducting himself in course of winding up. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
173 | Officer or contributory destroying, falsifying, etc., company's books. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
174(1) | Officer of company making material omission from statement relating to company's affairs. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
175(1) | False representation or fraud for purpose of obtaining creditors' consent to an agreement in connection with winding up. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
180(4) | Contravening restrictions on re‐use of name of company in insolvent liquidation. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
199(5) | Failing to co‐operate with office‐holder. | 1. On indictment. 2. Summary. | A fine. The statutory maximum. | One‐tenth of the statutory maximum. |
217(2) | Default in compliance with Article 374 as to notification that deed is void. | Summary. | One‐fifth of the statutory maximum. | |
218(1) | Trustee acting when deed of arrangement void. | Summary. | One‐fifth of the statutory maximum. | One‐fiftieth of the statutory maximum. |
222(3) | Failing to transmit accounts. | Summary. | One‐fifth of the statutory maximum. | One‐fiftieth of the statutory maximum. |
223 | Preferential payment to creditor. | 1. On indictment. 2. Summary. | A fine. The statutory maximum. | |
[F1236A(1).] | [F1False representation or fraud for purpose of obtaining creditor's approval of proposed voluntary arrangement.] | [F11. On indictment.] [F12. Summary.] | [F17 years or a fine, or both.] [F16 months or the statutory maximum, or both.] | |
324(1)F4 | Bankrupt failing to disclose property or disposals to official receiver or trustee. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
325(1)F4 | Bankrupt failing to deliver property to, or concealing property from, official receiver or trustee. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
325(3)F4 | Bankrupt removing property which he is required to deliver to official receiver or trustee. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
325(5)F4 | Bankrupt failing to account for loss of substantial part of property. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
326(1)F4 | Bankrupt failing to deliver books, papers and records to official receiver or trustee. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
326(2)F4 | Bankrupt concealing, destroying etc., books, papers or records, or making false entries in them. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
326(3)F4 | Bankrupt disposing of, or altering, books, papers or records relating to his estate or affairs. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
327(1)F4 | Bankrupt making material omission in statement relating to his affairs. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
327(3)F4 | Bankrupt making false statement, or failing to inform trustee, where false debt proved. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
328(1)F4 | Bankrupt fraudulently disposing of property. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
328(3)F4 | Bankrupt conceals or removes property. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
329(1)F4 | Bankrupt absconding with property he is required to deliver to official receiver or trustee. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
330(1)F4 | Bankrupt disposing of property obtained on credit and not paid for. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
330(3)F4 | Obtaining property in respect of which money is owed by a bankrupt. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
331(1)F4 | Bankrupt obtaining credit or engaging in business without disclosing his status or name in which he was made bankrupt. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
331(3)F4 | Person made bankrupt in England, Wales or Scotland obtaining credit, etc., in Northern Ireland. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
F5. . . | F5. . . | F5. . . | F5. . . | |
F5. . . | F5. . . | F5. . . | F5. . . | |
348(1) | Acting as insolvency practitioner when not qualified. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
[F1Sch. A1, para. 20(2).] | [F1Directors failing to notify nominee of beginning of moratorium.] | [F11. On indictment.] [F12. Summary.] | [F12 years or a fine, or both.] [F16 months or the statutory maximum, or both.] | |
[F1Sch. A1, para. 21(3).] | [F1Nominee failing to advertise or notify beginning of moratorium.] | [F1Summary.] | [F1One-fifth of the statutory maximum.] | |
[F1Sch. A1, para. 22(2).] | [F1Nominee failing to advertise or notify end of moratorium.] | [F1Summary.] | [F1One-fifth of the statutory maximum.] | |
[F1Sch. A1, para. 27(2).] | [F1Company and officers failing to state in correspondence etc. that moratorium in force.] | [F1Summary.] | [F1One-fifth of the statutory maximum.] | |
[F1Sch. A1, para. 28(3)(a).] | [F1Company obtaining credit without disclosing existence of moratorium.] | [F11. On indictment.] [F12. Summary.] | [F1A fine.] [F1The statutory maximum.] | |
[F1Sch. A1, para. 28(3)(b).] | [F1Obtaining credit for company without disclosing existence of moratorium.] | [F11. On indictment.] [F12. Summary.] | [F12 years or a fine, or both.] [F16 months or the statutory maximum, or both.] | |
[F1Sch. A1, para. 29(3)(a).] | [F1Company disposing of property otherwise than in ordinary way of business.] | [F11. On indictment.] [F12. Summary.] | [F1A fine.] [F1The statutory maximum.] | |
[F1Sch. A1, para. 29(3)(b).] | [F1Authorising or permitting disposal of company property.] | [F11. On indictment.] [F12. Summary.] | [F12 years or a fine, or both.] [F16 months or the statutory maximum, or both.] | |
[F1Sch. A1, para. 30(3)(a).] | [F1Company making payments in respect of liabilities existing before beginning of moratorium.] | [F11. On indictment.] [F12. Summary.] | [F1A fine.] [F1The statutory maximum.] | |
[F1Sch. A1, para. 30(3)(b).] | [F1Authorising or permitting such a payment.] | [F11. On indictment.] [F12. Summary.] | [F12 years or a fine, or both.] [F16 months or the statutory maximum, or both.] | |
[F1Sch. A1, para. 31(9).] | [F1Directors failing to send to registrar office copy of court order permitting disposal of charged property.] | [F1Summary.] | [F1One-fifth of the statutory maximum.] | |
[F1Sch. A1, para. 32(1).] | [F1Company disposing of charged property.] | [F11. On indictment.] [F12. Summary.] | [F1A fine.] [F1The statutory maximum.] | |
[F1Sch. A1, para. 32(2).] | [F1Authorising or permitting such a disposal.] | [F11. On indictment.] [F12. Summary.] | [F12 years or a fine, or both.] [F16 months or the statutory maximum, or both.] | |
[F1Sch. A1, para. 33(1)(a).] | [F1Company entering into market contract, etc.] | [F11. On indictment.] [F12. Summary.] | [F1A fine.] [F1The statutory maximum.] | |
[F1Sch. A1, para. 33(1)(b).] | [F1Authorising or permitting company to do so.] | [F11. On indictment.] [F12. Summary.] | [F12 years or a fine, or both.] [F16 months or the statutory maximum, or both.] | |
[F1Sch. A1, para. 35(6).] | [F1Nominee failing to give notice of withdrawal of consent to act.] | [F1Summary.] | [F1One-fifth of the statutory maximum.] | |
[F1Sch. A1, para. 44(3).] | [F1Nominee failing to give notice of extension of moratorium.] | [F1Summary.] | [F1One-fifth of the statutory maximum.] | |
[F1Sch. A1, para. 51(2).] | [F1Fraud or privity to fraud in anticipation of moratorium.] | [F11. On indictment.] [F12. Summary.] | [F17 years or a fine, or both.] [F16 months or the statutory maximum, or both.] | |
[F1Sch. A1, para. 51(3).] | [F1Fraud or privity to fraud during moratorium.] | [F11. On indictment.] [F12. Summary.] | [F17 years or a fine, or both.] [F16 months or the statutory maximum, or both.] | |
[F1Sch. A1, para. 51(7).] | [F1Knowingly taking in pawn or pledge, or otherwise receiving, company property.] | [F11. On indictment.] [F12. Summary.] | [F17 years or a fine, or both.] [F16 months or the statutory maximum, or both.] | |
[F1Sch. A1, para. 52(1).] | [F1False representation or fraud for purpose of obtaining or extending moratorium.] | [F11. On indictment.] [F12. Summary.] | [F17 years or a fine, or both.] [F16 months or the statutory maximum, or both.] | |
[F6Sch. B1, para. 19(7). | Making false statement in statutory declaration where administrator appointed by holder of floating charge. | 1. On indictment. 2. Summary. | 2 years, or a fine or both. 6 months, or the statutory maximum or both.] | |
[F6 Sch. B1, para. 21. | Holder of floating charge failing to notify administrator or others of commencement of appointment. | 1. On indictment. 2. Summary. | 2 years, or a fine or both. 6 months, or the statutory maximum or both. | One-tenth of the statutory maximum.] |
[F6Sch. B1, para. 28(4). | Making false statement in statutory declaration where appointment of administrator proposed by company or directors. | 1. On indictment. 2. Summary. | 2 years, or a fine or both. 6 months, or the statutory maximum or both.] | |
[F6Sch. B1, para. 30(7). | Making false statement in statutory declaration where administrator appointed by company or directors. | 1. On indictment. 2. Summary. | 2 years, or a fine or both. 6 months, or the statutory maximum or both.] | |
[F6Sch. B1, para. 33. | Company or directors failing to notify administrator or others of commencement of appointment. | 1. On indictment. 2. Summary. | 2 years, or a fine or both. 6 months, or the statutory maximum or both. | One-tenth of the statutory maximum.] |
[F6Sch. B1, para. 46(2). | Administrator, company or officer failing to state in business document that administrator appointed. | Summary. | One-fifth of the statutory maximum.] | |
[F6 Sch. B1, para. 47(9). | Administrator failing to give notice of his appointment. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum.] |
[F6Sch. B1, para. 49(4). | Failing to comply with provisions about statement of affairs where administrator appointed. | 1. On indictment. 2. Summary. | A fine. The statutory maximum. | One-tenth of the statutory maximum.] |
[F6 Sch. B1, para. 50(7). | Administrator failing to send out statement of his proposals. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum.] |
[F6Sch. B1, para. 52(5). | Administrator failing to arrange initial creditors’ meeting. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum.] |
[F6Sch. B1, para. 54(3). | Administrator failing to report decision taken at initial creditors’ meeting. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum.] |
[F6 Sch. B1, para. 55(7). | Administrator failing to report decision taken at creditors’ meeting summoned to consider revised proposal. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum.] |
[F6 Sch. B1, para. 57(2). | Administrator failing to summon creditors’ meeting. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum.] |
[F6 Sch. B1, para. 72(6). | Administrator failing to file Court order enabling disposal of charged property. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum.] |
[F6Sch. B1, para. 73(5). | Administrator failing to file Court order enabling disposal of hire-purchase property. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum.] |
[F6 Sch. B1, para. 78(3). | Administrator failing to notify registrar of automatic end of administration. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum.] |
[F6Sch. B1, para. 79(6). | Administrator failing to give notice of extension by consent of term of office. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum.] |
[F6Sch. B1, para. 81(6). | Administrator failing to give notice of termination of administration where objective achieved. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum.] |
[F6Sch. B1, para. 85(9). | Administrator failing to comply with provisions where company moves to dissolution. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum.] |
[F6Sch. B1, para. 87(3). | Administrator failing to notify registrar where court terminates administration. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum.] |
[F6 Sch. B1, para. 90(3). | Administrator failing to give notice on ceasing to be qualified. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum.] |
F2Entries in Sch. 7 repealed (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 3(3), 31, Sch. 2 para. 47(3), Sch. 9 (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2-7) ; Sch. 7 entries relating to arts. 28(8), 30(5) continue to apply for certain purposes and are amended (1.10.2009) by S.I. 2009/1941, arts. 2(1), 8, Sch. 1 para. 114(2) (with art. 10)
F3Word in entry in Sch. 7 repealed (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 25, 31, Sch. 8 para. 17(a), Sch. 9 (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2-7)
F4mod. by SR 2004/307
F5Entries in Sch. 7 repealed (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 25, 31, Sch. 8 para. 17(b), Sch. 9 (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2-7)
F6Entries in Sch. 7 inserted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 3(3), Sch. 2 para. 47(2) (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2-7)
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