2002 No. 223
Insolvency (Northern Ireland) Order 1989 (Amendment) Regulations (Northern Ireland) 2002
Made
Coming into operation
The Department of Enterprise, Trade and Investment, being a Department designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to insolvency, in exercise of the powers conferred upon it by the said section 2(2) and of every other power enabling it in that behalf, hereby makes the following Regulations:
Citation, commencement and interpretation1
1
These Regulations may be cited as the Insolvency (Northern Ireland) Order 1989 (Amendment) Regulations (Northern Ireland) 2002 and shall come into operation on 15th July 2002.
2
In these regulations “the Order” means the Insolvency (Northern Ireland) Order 19893.
3
The Interpretation Act (Northern Ireland) 19544 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
Amendments to the Insolvency (Northern Ireland) Order 19892
The Order shall be amended as provided in regulations 3 and 4.
Amendments to definitions3
In Article 2 (general interpretation) after “the Department” insert –
“the EC Regulation” means Council Regulation (EC) No. 1346/20005;
Amendments to rule-making powers4
1
In paragraph (1) of Article 359 (insolvency rules) after “to this Order” insert –
or the EC Regulation
2
After paragraph (2) of Article 359 insert –
2A
For the purposes of paragraph (2), a reference in Schedule 5 or Schedule 6 to doing anything under or for the purposes of a provision of this Order includes a reference to doing anything under or for the purposes of the EC Regulation (in so far as the provision of this Order relates to a matter to which the EC Regulation applies).
2B
Rules under this Article for the purpose of giving effect to the EC Regulation may not create an offence of a kind referred to in paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972.
3
After paragraph (1) of Article 364 (insolvent partnerships) insert –
1A
An order under this Article may make provision in relation to the EC Regulation.
1B
Provision made by virtue of this Article in relation to the EC Regulation may not create an offence of a kind referred to in paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972.
4
After paragraph (1) of Article 365 (insolvent estates of deceased persons) insert –
1A
An order under this Article may make provision in relation to the EC Regulation.
1B
Provision made by virtue of this Article in relation to the EC Regulation may not create an offence of a kind referred to in paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972.
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 19th June 2002.
(This note is not part of the Regulations.)