The Insolvent Partnerships (Amendment) Order (Northern Ireland) 2003

Statutory Rules of Northern Ireland

2003 No. 144

INSOLVENCY

The Insolvent Partnerships (Amendment) Order (Northern Ireland) 2003

Made

3rd March 2003

To be laid before Parliament

Coming into operation

1st April 2003

The Lord Chancellor, in exercise of the powers conferred upon him by Article 364(1) of the Insolvency (Northern Ireland) Order 1989(1), and of all other powers enabling him in that behalf, with the concurrence of the Department of Enterprise, Trade and Investment(2), hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Insolvent Partnerships (Amendment) Order (Northern Ireland) 2003 and shall come into operation 1st April 2003.

(2) In this Order –

“the Order” means the Insolvency (Northern Ireland) Order 1989, and

“the 1995 Order” means the Insolvent Partnerships Order (Northern Ireland) 1995(3).

(3) In this Order a reference to a “modified Article” means an Article of the Order as modified by, and set out in, the 1995 Order.

Amendments to the Insolvent Partnerships Order (Northern Ireland) 1995

2.—(1) The 1995 Order is amended as provided in this Order.

(2) Anything done before 1st April 2003 under or for the purposes of any provision of the 1995 Order is not invalidated by the amendment of that provision by this Order, but it has effect as if done under or for the purposes of the provision as amended.

Amendment to Article 7 of the Insolvent Partnerships Order (Northern Ireland) 1995

3.  In Article 7(1) of the 1995 Order (winding up of insolvent partnership as unregistered company (no concurrent petition)) after “petition of a creditor,” insert –

• “of a liquidator (within the meaning of Article 2(b) of the EC Regulation(4)) appointed in proceedings by virtue of Article 3(1) of the EC Regulation, of a temporary administrator (within the meaning of Article 38 of the EC Regulation),”.

Amendment to Article 8 of the Insolvent Partnerships Order (Northern Ireland) 1995

4.—(1) In Article 8(1) of the 1995 Order (winding up of insolvent partnership as unregistered company (concurrent petition)) for a “creditor’s petition” substitute –

• “the petition of a creditor, of a liquidator (within the meaning of Article 2(b) of the EC Regulation) appointed in proceedings by virtue of Article 3(1) of the EC Regulation, or of a temporary administrator (within the meaning of Article 38 of the EC Regulation)”.

(2) For the heading of Article 8 of the 1995 Order substitute –

• “Winding up of insolvent partnership as unregistered company on the petition of creditor etc., where concurrent petitions presented against one or more members”.

Amendments to Schedules 3, 4, 5 and 6 to the Insolvent Partnerships Order (Northern Ireland) 1995

5.—(1) In paragraph 3 of Schedule 3 to the 1995 Order (Article 185: Winding up of unregistered companies), paragraph 3 of Schedule 4 to the 1995 Order. Schedule 5 to the 1995 Order and paragraph 3 of Schedule 6 to the 1995 Order, in each case, after modified Article 185(3) and before Article 185(4) insert –

“(3A) The preceding paragraphs are subject to Article 3 of the EC Regulation (jurisdiction under the EC Regulation).”.

(2) In paragraph 8 of Schedule 4 to the 1995 Order (Articles 104 and 238: Applications to wind up insolvent partnership and to wind up or bankrupt member) in paragraph (2) of modified Articles 104 and 238 after the words “may be presented by” insert the following words –

• “a liquidator (within the meanings of Article 2(b) of the EC Regulation) appointed in proceedings by virtue of Article 3(1) of the EC Regulation, a temporary administrator (within the meaning of Article 38 of the EC Regulation) or”.

Amendments to Schedule 9 to the Insolvent Partnerships Order (Northern Ireland) 1995

6.  The forms contained in the Schedule to this Order are substituted for the forms identically numbered in Schedule 9 to the 1995 Order.

Irvine of Lairg, C.

Dated 3rd March 2003

The Department of Enterprise, Trade and Investment hereby concurs with the foregoing Order.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 6th March 2003.

L.S.

M. Bohill

Senior Officer of the

Department of Enterprise, Trade and Investment

Article 6

SCHEDULE AMENDED FORMS

Schedule 2 para 3 Art. 22(1)

FORM 1 Petition for Administration OrderIN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION (BANKRUPTCY)

Schedule 3 para 3 Art. 185A(1)

FORM 3 Petition to Wind up Partnership by Liquidator, Administrator, Trustee or SupervisorIN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION (BANKRUPTCY)

Schedule 4 para 8 Art. 104(1)(a)

FORM 5 Creditor’s Petition to Wind Up Partnership (Presented in Conjunction with Petitions against Members)IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION (BANKRUPTCY)

Schedule 4 para 8 Art. 104(1)(a)

FORM 6 Creditor’s Petition to Wind Up Corporate Member (Presented in Conjunction with Petition against Partnership)IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION (BANKRUPTCY)

Schedule 4 para 8 Art. 104(1)(c)

FORM 7 Creditor’s Bankruptcy Petition against Individual Member (Presented in Conjunction with Petition against Partnership)IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION (BANKRUPTCY)

Schedule 6 para 2 Art. 104(1)(a)

FORM 11 Members' Petition to Wind up Partnership (Presented in Conjunction with Petitions against Members)IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION (BANKRUPTCY)

Schedule 6 para 2 Art. 104(1)(b)

FORM 12 Members' Petition to Wind Up Corporate Member (Presented in Conjunction with Petition against Partnership)IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION (BANKRUPTCY)

Schedule 6 para 2 Art. 104(1)(c)

FORM 13 Member’s Bankruptcy Petition against Individual Member (Presented in Conjunction with Petition against Partnership)IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION (BANKRUPTCY)

Schedule 7 para 3 Art. 238(3)(a)

FORM 14 Joint Bankruptcy Petition against Individual MembersIN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION (BANKRUPTCY)

Schedule 7 para 3 Art. 238(5)

FORM 16 Bankruptcy Orders on Joint Bankruptcy Petition Presented by Individual MembersIN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION (BANKRUPTCY)

Explanatory Note

(This note is not part of the Order.)

This Order amends the Insolvent Partnerships Order (Northern Ireland) 1995 (S.R.1995 No. 225) (“the 1995 Order”) in the light of Council Regulation (EC) No. 1346/2000 of 29th May 2000 on insolvency proceedings (O.J. No. L160, 30.06.00, p. 1) (“the EC Regulation”) which came into force on 31st May 2002.

The EC Regulation aims to provide for the efficient and effective functioning of cross-border insolvency proceedings in the European Union.

The amendments made by this Order are –

• to provide in the 1995 Order that a liquidator appointed in proceedings by virtue of Article 3(1) of the EC Regulation and a temporary administrator (within the meaning of Article 38 of the EC Regulation) are included among those entitled to present a petition or petitions under the Order (Articles, 3, 4 and 5(2)) (“main proceedings” and “temporary administrator” are defined in the EC Regulation);

• to clarify the scope of the jurisdiction of the High Court in Northern Ireland where the EC Regulation applies (Article 5(1));

• to substitute the forms of the 1995 Order with forms which require consideration of whether the EC Regulation applies to the proceedings in question (Article 6).

(1)

S.I. 1989/2405 (N.I. 19) – to which the most recent relevant amendments were made by S.R. 2002 No. 223

(2)

Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1)

(3)

S.R. 1995 No. 225 as amended by S.R. 1996 No. 472

(4)

Council Regulation (EC) 1346/2000, (O.J. No. L160, 30.06.00. p. 1)