The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Right to inspect the file N.I.

44.—(1) In the case of any proceedings under these Regulations, the following have the right, at all reasonable times, to inspect the court’s file of the proceedings—

(a) the Department;

(b) the person who is the foreign representative in relation to the proceedings;

(c) if a foreign representative has been appointed in any other foreign proceeding regarding the debtor to which the proceedings under these Regulations relate, that person;

(d) if a Northern Ireland insolvency officeholder is acting in relation to the debtor to which the proceedings under these Regulations relate, that person;

(e) any person stating himself in writing to be a creditor of the debtor to which the proceedings under these Regulations relate;

F1 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the debtor to which the proceedings under these Regulations relate, or, if that debtor is a company, corporation or partnership, every person who is, or at any time has been—

(i) a director or officer of the debtor;

(ii) a member of the debtor; or

(iii) where applicable, a person registered under Part 23 of the Companies (Northern Ireland) Order 1986(1) as authorised to represent the debtor in respect of its business in Northern Ireland.

(2) The right of inspection conferred by sub-paragraph (1) on any person may be exercised on his behalf by a person properly authorised by him.

(3) Any person may, by leave of the court, inspect the file.

(4) The right of inspection conferred by this paragraph is not exercisable in the case of documents, or parts of documents, as to which the court directs (either generally or specially) that they are not to be made open to inspection without the court’s permission.

(5) An application for a direction of the court under sub-paragraph (4) may be made by the foreign representative or by any party appearing to the court to have an interest.

(6) If, for the purpose of powers conferred by the 1989 Order or the Rules, the Department or the official receiver wishes to inspect the file of any proceedings under these Regulations, and requests the transmission of the file, the court shall comply with such request (unless the file is for the time being in use for the court’s purposes).

(7) Paragraph 42(2) and (3) apply in respect of the court’s file of any proceedings under these Regulations as they apply in respect of court records.

(8) Where these Regulations confer a right for any person to inspect documents on the court’s file of proceedings, the right includes that of taking copies of those documents on payment of the fee chargeable under any order made under section 116 of the Judicature (Northern Ireland) Act 1978(2).

Textual Amendments

F1 Sch. 2 para. 44(1)(f) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 249 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Sch. 2 para. 44 in operation at 12.4.2007, see reg. 1

(1)

S.I. 1986/1032 (N.I.6)

(2)

1978 c.23