http://www.legislation.gov.uk/id/nisr/2003/358

http://www.legislation.gov.uk/nisr/2003/358/article/4/made

The Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules (Northern Ireland) 2003

Government Printer for Northern Ireland

2016-09-15

INSOLVENCY

These Rules set out a special code of procedure for applications by the Department of Enterprise, Trade and Investment or the official receiver for the disqualification of directors by the High Court under Articles 10 and 11 of the Company Directors Disqualification (Northern Ireland) Order 2002.

The Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules (Northern Ireland) 2003

Rules

The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023

reg. 21(3)(g)

(4)

reg. 1(2)

The Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules (Northern Ireland) 2003

Order

The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023

Sch. 1

reg. 1(2)

The Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules (Northern Ireland) 2003

rule 1(3)(c) and word

The Insolvent Companies (Disqualification of Unfit Directors) Proceedings (Amendment) Rules (Northern Ireland) 2005

Sch.

para. 1(2)

rule 1

The Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules (Northern Ireland) 2003

rule 4(b)(ii)

The Insolvent Companies (Disqualification of Unfit Directors) Proceedings (Amendment) Rules (Northern Ireland) 2005

Sch.

para. 2(2)

rule 1

The Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules (Northern Ireland) 2003

Rules

The Investment Bank Special Administration Regulations 2011

reg. 8(7)

16-21

24-26

Sch. 1-5

reg. 1

The Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules (Northern Ireland) 2003

Rules

The Investment Bank Special Administration Regulations 2011

Sch. 6

Pt. 1

reg. 27(a)

reg. 1

The Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules (Northern Ireland) 2003

rule 1(3)(c)

The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014

Sch. 1

para. 51

art. 3

art.001(1)

Endorsement on summons4

There shall on the summons be endorsed information to the respondent as follows –

a

that the application is made in accordance with these Rules;

b

that, in accordance with the relevant enactments, the court has power to impose disqualifications as follows –

i

where the application is under Article 10 of the Company Directors Disqualification Order, for a period of not less than 2, and up to 15, years; and

ii

where the application is under Article 11 of that Order, for a period of up to 15 years;

c

that the application for a disqualification order may, in accordance with these Rules, be heard and determined summarily, without further or other notice to the respondent, and that, if it is so heard and determined, the court may impose disqualification for a period of up to 5 years;

d

that if at the hearing of the application the court, on the evidence then before it, is minded to impose, in the respondent’s case, disqualification for any period longer than 5 years, it will not make a disqualification order on that occasion but will adjourn the application to be heard (with further evidence, if any) at a later date to be notified;

e

that the respondent must file in court the statement required by Rule 6 within the time limit imposed under that Rule (the provisions of which shall be endorsed on the summons); and

f

that any evidence which the respondent wishes to be taken into consideration by the court must be filed in court in accordance with the time limits imposed under Rule 7 (the provisions of which shall be set out on the summons).