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The Insolvency (Northern Ireland) Order 1989
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The Insolvency (Northern Ireland) Order 1989, Paragraph 5 is up to date with all changes known to be in force on or before 03 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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Changes and effects yet to be applied to Schedule 8 Paragraph 5:
- Instrument amended by 1998 c. 11 s. 23 Sch. 5 Pt.1 Ch. 3 para. 40
- Instrument amended (prosp) by S.I. 1994/279 (N.I.) art. 26(1) Sch. 2 para. 15
- art. 2B inserted by 2016 c. 2 (N.I.) s. 2(1)
- art. 208ZA-208ZB inserted by 2016 c. 2 (N.I.) s. 1(1)
- art. 345A-345B inserted by 2016 c. 2 (N.I.) s. 1(2)
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 2B inserted by 2016 c. 2 (N.I.) s. 2(1)
- art. 208ZA-208ZB inserted by 2016 c. 2 (N.I.) s. 1(1)
- art. 345A-345B inserted by 2016 c. 2 (N.I.) s. 1(2)
5.—(1) This paragraph applies as regards the liquidator in the case of a winding up by the High Court commenced, or treated as having commenced, before the commencement date.N.I.
(2) The official receiver may, at any time when he is liquidator of the company, apply to the Department for the appointment of a liquidator in his (the official receiver's) place; and on any such application the Department shall either make an appointment or decline to make one.
(3) Where immediately before the appointed day the liquidator of the company has not made an application under Article 506 of [F1the Companies (Northern Ireland) Order 1986] (release of liquidators), then—
(a)except where the Department otherwise directs, Articles 124(1) and (2) and 146(7) of this Order apply, and Article 508 of [F2the Companies (Northern Ireland) Order 1986] does not apply, in relation to any liquidator of that company who holds office on or at any time after the commencement date and is not the official receiver;
(b)Article 124(3) of this Order applies in relation to the carrying out at any time after that date by any liquidator of the company of any of his functions; and
(c)a liquidator in relation to whom Article 146(7) of this Order has effect by virtue of this paragraph has his release with effect from the time specified in Article 148(4)(d) of this Order.
(4) Paragraph (6) of Article 148 of this Order has effect for the purposes of sub‐paragraph (3)(c) as it has for the purposes of that Article, but as if the reference to Article 176 were to Article 584 of [F3the Companies (Northern Ireland) Order 1986].
F1Words in Sch. 8 para. 5(3) substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), arts. 2(1), 8, Sch. 1 para. 114(3) (with art. 10)
F2Words in Sch. 8 para. 5(3)(a) substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), arts. 2(1), 8, Sch. 1 para. 114(3) (with art. 10)
F3Words in Sch. 8 para. 5(4) substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), arts. 2(1), 8, Sch. 1 para. 114(3) (with art. 10)
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