SCHEDULES
SCHEDULE 8Northern Ireland: provision corresponding to sections 104 to 111
Amendments consequential on, or related to, amendments made by paragraphs 2 to 8
I19
1
The 2002 Order is amended as follows.
2
In Article 2(2) (interpretation), after the definition of “the official receiver” insert—
“overseas company” is a company which is incorporated or formed outside Northern Ireland;
3
In Article 3 (disqualification orders: general), in paragraph (2), for “Article 9” substitute “
Articles 9 and 11A
”
.
4
In Article 4 (disqualification undertakings: general)—
a
in paragraph (1), for “10 and 11” substitute “
8A, 10, 11, 11C and 11E
”
, and
b
in paragraph (2), after “10” insert “
or 11C
”
.
5
In Article 5 (disqualification on conviction of offence punishable only on indictment or either on indictment or summary conviction), after paragraph (1) insert—
1A
In paragraph (1), “company” includes overseas company.
6
In Article 6 (disqualification for persistent default under companies legislation), after paragraph (3A) insert—
3B
In this Article “company” includes overseas company.
7
In Article 8 (disqualification on summary conviction of offence), after paragraph (4A) insert—
4B
In this Article “company” includes overseas company.
8
In Article 9 (duty of High Court to disqualify unfit directors of insolvent companies), in paragraph (2), omit “and Article 10”.
9
In Article 10 (disqualifications under Article 9: applications and undertakings), after paragraph (5) insert—
6
Paragraphs (1A) and (2) of Article 9 apply for the purposes of this Article as they apply for the purposes of that Article.
10
Before Article 12 insert— “
Further provision about disqualification undertakings
”
.
11
In Article 14 (participation in wrongful trading), after paragraph (2) insert—
3
In this Article “company” includes overseas company.
12
In Article 20 (application for disqualification order), in paragraph (2), after “any company” insert “
or overseas company
”
.
13
In Article 22 (register of disqualification orders and undertakings), in paragraph (3)(a), for “10 or 11” substitute “
8A, 10, 11, 11C or 11E
”
.
14
In Article 23 (admissibility in evidence of statements), in paragraph (1)—
a
for “9 to 14” substitute “
8A to 14, 17A
”
, and
b
after “or 19” insert “
to 19C
”
.
15
In Article 24 (interaction with the Insolvency (Northern Ireland) Order 1989), in paragraphs (1) and (2)—
a
for “9 to 14” substitute “
8A to 14, 17A
”
, and
b
after “or 19” insert “
to 19C
”
.
16
In Article 24D (application of Order to building societies), omit paragraph (4).
17
Omit Article 24E (application of Order to open-ended investment companies).
18
In Article 25 (application of Order to incorporated friendly societies)—
a
after paragraph (3) insert—
3A
In relation to an incorporated friendly society, this Order applies as if Articles 11A to 11E were omitted.
b
omit paragraph (4).
19
In Article 25A (application of Order to registered societies)—
a
omit paragraph (2)(d),
b
after paragraph (2)(f) insert—
g
Articles 11A to 11E are to be disregarded.
c
omit paragraph (3).
I210
Omit paragraph 65 of Schedule 2 to the Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)).