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(This note is not part of the Regulations)
These Regulations temporarily suspend liability under wrongful trading provisions in the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)): specifically, Article 178 (wrongful trading).
Regulation 3 provides for the suspension of wrongful trading. Paragraph (1) of that regulation provides that, for the purposes of Article 178 of the Insolvency (Northern Ireland) Order 1989, the High Court is not to hold a person liable for any worsening of a company’s financial position during the “relevant period”. Paragraph (2) defines the “relevant period” as the period beginning on 1st May 2021 and ending on 30th June 2021. Paragraphs (3) to (6) and (8) specify cases where, (or types of corporate entity in respect of which), the suspension of wrongful trading is not to apply. Accordingly, Article 178 continues to apply in those cases, (or, in respect of those entities), during the relevant period. Paragraph (7) provides that regulation 3 has effect as if it is part of the Insolvency (Northern Ireland) Order 1989.
No impact assessment has been prepared for these Regulations. An Explanatory Memorandum has been published alongside this instrument at www.legislation.gov.uk.
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Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
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