The Insolvency (Amendment) Rules (Northern Ireland) 2000

Made: 27th July 2000

Coming into operation: 5th September 2000

The Lord Chancellor, in exercise of the powers conferred on him by Article 359 of the Insolvency (Northern Ireland) Order 1989[^f00001], with the concurrence of the Department of Enterprise, Trade and Investment[^f00002], and after consulting the committee existing for that purpose under Article 360 of the said Order, hereby makes the following Rules—

Citation and commencement

1

These Rules may be cited as the Insolvency (Amendment) Rules (Northern Ireland) 2000 and shall come into operation on 5th September 2000.

Interpretation

2

In these Rules, a rule, Schedule or form referred to by number means the rule, Schedule or form so numbered in the Insolvency Rules (Northern Ireland) 1991[^f00003].

Application

3

Rules 5 to 7 of these Rules shall not apply in relation to—

• (a) winding-up proceedings commenced before 5th September 2000, or

• (b) bankruptcy proceedings where the bankruptcy petition was presented before that day.

Rules 4.001., 4.007., 4.010. and 4.078.

4

Rules 4.001., 4.007., 4.010. and 4.078. shall be amended—

• (a) by substituting for the words “Bank of England” in each place they appear, the words “Financial Services Authority”; and

• (b) where reference is made to the Bank of England by use of the word “Bank” alone, by substituting for the word “Bank” in each place it appears, the word “Authority”.

Rule 6.010-CP

5

Rule 6.010-CP shall be amended by substituting for paragraph (3) the following paragraph—

(3) Subject to paragraph (4), if the demand has been served personally on the debtor, the affidavit must be made by the person who effected that service and in such case the affidavit shall state fully the means used by the person serving the petition to satisfy himself of the identity of the debtor.

Rule 6.014

6

Rule 6.014 shall be amended by inserting after paragraph (1) the following paragraph—

(1A) In the case of personal service, the affidavit shall state fully the means used by the person serving the petition to satisfy himself of the identity of the debtor.

Amendments to Schedule 2

7

Schedule 2 shall be amended by substituting—

• (a) for Form 6.12, the new Form 6.12 set out in the Schedule to these Rules;

• (b) for Form 6.13, the new Form 6.13 set out in the Schedule to these Rules;

• (c) for Form 6.14, the new Form 6.14 set out in the Schedule to these Rules;

• (d) for Form 6.18, the new Form 6.18 set out in the Schedule to these Rules.

SCHEDULE

Form 6.12

Affidavit of Service of Statutory Demand Where Service Acknowledged in Writing

Rule 6.010

Form 6.13

Affidavit of Personal Service of Statutory Demand Where Service Not Acknowledged in Writing

Rule 6.010

Form 6.14

Affidavit of Substituted Service of Statutory Demand Where Service Not Acknowledged in Writing

Rule 6.010

Form 6.18

Affidavit of Personal Service of Bankruptcy Petition

Rule 6.014

Signed

Irvine of Lairg, C. — Dated 24th July 2000

The Department of Enterprise, Trade and Investment hereby concurs with the foregoing Rules.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 27th July 2000.

Suzanna Cooper — Assistant Secretary

Explanatory note

(This note is not part of the Rules.)

These Rules further amend the Insolvency Rules (Northern Ireland) 1991 (S.R. 1991 No. 364) which set out the detailed procedures for the conduct of all company and individual insolvency proceedings under the Insolvency (Northern Ireland) Order 1989 to—

• (a) replace references to the Bank of England with references to the Financial Services Authority in consequence of the Bank of England Act 1998; and

• (b) provide that the means of knowledge of the identity of the person served shall be stated in an affidavit of service in respect of a bankruptcy petition or statutory demand.

The Rules will come into operation on 5th September 2000.

Footnotes

[^f00001]: S.I. 1989/2405 (N.I. 19)

[^f00002]: S.I. 1999/238 (N.I. 1); which renamed the Department of Economic Development as the Department of Enterprise, Trade and Investment

[^f00003]: S.R. 1991 No. 364, amended by S.R. 1994 No. 26 and S.R. 1995 No. 291