EXPLANATORY NOTE
(This note is not part of the Order)
This Order is made under sections 1 and 2 of the Electronic Communications Act (Northern Ireland) 2001. It inserts a new Regulation 49A into the Insolvency Regulations (Northern Ireland) 1996 (S.R. 1996 No.574) for the purpose of authorising or facilitating electronic communications between the Department of Enterprise, Trade and Investment (“The Department”) or the Official Receiver and administrators, liquidators or trustees.
2. New Regulation 49A(2) permits administrators, liquidators or trustees to give particulars or notice, send or forward accounts or make application to the Department electronically. Where there is a requirement by the Department that accounts be certified, the Order provides that an electronic statement may be made instead.
3. New Regulation 49A(3) allows the Department to authorise a liquidator or trustee by electronic means to make payments in and out of a specified bank, subject to a limit, instead of the Insolvency Account.
4. New Regulation 49A(4) allows the Official to authorise the liquidator or trustee to sell, destroy or otherwise dispose of the books, papers and records of the company or bankrupt.
5. New Regulation 49A(5) states that “electronic communications” has the meaning given in section 4 of the Electronic Communications Act (Northern Ireland) 2001.