The Enterprise Ulster (Dissolution) Order (Northern Ireland) 2007

Statutory Rules of Northern Ireland

2007 No. 57

enterprise ulster

The Enterprise Ulster (Dissolution) Order (Northern Ireland) 2007

Laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000

Made

1st February 2007

Coming into operation

2nd April 2007

The Department for Employment and Learning(1) in exercise of the powers conferred by Article 12(3) of the Enterprise Ulster (Northern Ireland) Order 1973(2) and now exercisable by it(3) makes the following Order:

Modifications etc. (not altering text)

C1 Rule: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 4 Pt. 1 (with art. 9(2))

Citation, commencement and interpretation N.I.

1.—(1) This Order may be cited as The Enterprise Ulster (Dissolution) Order (Northern Ireland) 2007 and shall come into operation on 2nd April 2007.

(2) In this Order—

(a) “the Corporation” shall be construed in accordance with Article 2;

(b) “the dissolution date” shall be construed in accordance with Article 2;

(c) “the 1973 Order” means the Enterprise Ulster (Northern Ireland) Order 1973; and

(d) “the Department” means the Department for Employment and Learning.

Commencement Information

I1 Art. 1 in operation at 2.4.2007, see art. 1(1)

Dissolution of the Corporation N.I.

2.  Enterprise Ulster (“the Corporation”) is dissolved with effect from 30th June 2007 (“the dissolution date”).

Commencement Information

I2 Art. 2 in operation at 2.4.2007, see art. 1(1)

Winding up of the Corporation N.I.

3.—(1) The Corporation shall be wound up in accordance with the provision of this Article.

(2) On the coming into operation of this Article, the Corporation shall cease to exercise its functions except in so far as the continued exercise of those functions may be necessary or expedient for the purposes of winding up.

(3) Between the coming into operation of this Article and the dissolution date, the Corporation shall so far as practicable discharge all its liabilities.

Commencement Information

I3 Art. 3 in operation at 2.4.2007, see art. 1(1)

Legal proceedings N.I.

4.  Any legal proceedings to which the Corporation is party immediately before the dissolution date shall be continued after that date by or in relation to the Department in its own name.

Commencement Information

I4 Art. 4 in operation at 2.4.2007, see art. 1(1)

Contracts etc N.I.

5.  Every contract, agreement, deed, bond, instrument or document made by the Corporation before the dissolution date and still in effect at that date which relates to property, rights or obligations of the Corporation shall continue in effect but subject to the following modifications so far as they are applicable:–

(a) if the Corporation is a party thereto, the Department shall be substituted as that party;

(b) for a reference (however worded and whether express or implied) to the Corporation there shall, as respects anything falling to be done or occurring after that date, be substituted a reference to the Department;

(c) for a reference (however worded and whether express or implied) to any member of the Corporation there shall be substituted as respects anything done or falling to be done or occurring on or after the dissolution date a reference to such officer as the Department shall appoint for the purpose; and

(d) for a reference to the office or place of business of the Corporation there shall be substituted a reference to the offices of the Department.

Commencement Information

I5 Art. 5 in operation at 2.4.2007, see art. 1(1)

Records N.I.

6.  Without prejudice to the generality of Article 12(4) of the 1973 Order all records of the Corporation shall transfer to and vest in the Department on the dissolution date.

Commencement Information

I6 Art. 6 in operation at 2.4.2007, see art. 1(1)

Accounts N.I.

7.—(1) The Corporation shall continue to keep proper accounts and proper records in relation to the accounts in accordance with Article 9(1)(a) of the 1973 Order and shall prepare a statement of the accounts in respect of the period beginning with the coming into operation of Article 3 and ending on the dissolution date.

(2) The statement of accounts shall be in such a form and contain such information as the Department may, with the approval of the Department of Finance and Personnel, direct and copies of it shall be sent to—

(a) the Department; and

(b) the Comptroller and Auditor General,

not later than one week before the dissolution date.

Commencement Information

I7 Art. 7 in operation at 2.4.2007, see art. 1(1)

Report N.I.

8.  The Corporation shall, not later than one month before the dissolution date, make to the Department a report in such form and containing such information as the Department may direct on the performance of its functions during the last financial year up until the date Article 3 comes into operation.

Commencement Information

I8 Art. 8 in operation at 2.4.2007, see art. 1(1)

Creditors N.I.

9.—(1) Every creditor shall, within three months of the dissolution date, notify the Department of each of his debts or claims against the Corporation remaining unsatisfied immediately before that date and shall give the Department such further information relating thereto as it may reasonably require.

(2) Paragraph (1) shall not apply to any debt or claim which is the subject of legal proceedings which have commenced prior to the dissolution date.

(3) Every creditor shall state in the notification given to the Department in accordance with paragraph (1) the amount of the debt or claim or, where the debt or claim is subject to contingency or sounds in damages or bears no specific value, shall include in it as far as possible a just estimate of the debt or claim.

(4) The Department may admit or reject such debt or claim notified to it in accordance with paragraph (1) and shall notify the creditor in writing whether it admits or rejects the debt or claim in whole or in part and, if the Department rejects the debt or claim, it shall state in a notification the grounds of the rejection.

Commencement Information

I9 Art. 9 in operation at 2.4.2007, see art. 1(1)

Sealed with the Official Seal of the Department for Employment and Learning on 1st February 2007.

P. McAuley

A senior officer of the

Department for Employment and Learning

EXPLANATORY NOTE

(This note is not part of the Order)

This Order winds up and dissolves Enterprise Ulster (“the Corporation”) as established under the Enterprise Ulster (Northern Ireland) Order 1973. Article 12(4) of that Order provides for the transfer of rights and liabilities of the Corporation to the Department for Employment and Learning upon the dissolution of the Corporation. This Order provides for the Corporation to discharge its liabilities during winding up and for the Department to do so where there are unsatisfied creditors after dissolution. The Order also provides for the production of final accounts, for the safeguarding of records and of the continuity of and in respect to contracts and legal proceedings.

(1)

Formerly the Department of Higher and Further Education, Training and Employment, see 2001 c.15 (N.I.)

(2)

S.I. 1973/1228 (N.I.16)

(3)

The Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999/481), Article 4 and Schedule 2 Part 11