The Insolvent Partnerships (Amendment No. 2) Order (Northern Ireland) 2003

Made: 27th July 2003

To be laid before Parliament

Coming into operation: 5th September 2003

The Lord Chancellor, in exercise of the powers conferred upon him by Article 364(1) of the Insolvency (Northern Ireland) Order 1989[^f00001] and Article 24(1) of the Company Directors Disqualification (Northern Ireland) Order 2002[^f00002] with the concurrence of the Department of Enterprise, Trade and Investment[^f00003], hereby makes the following Order:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Insolvent Partnerships (Amendment No. 2) Order (Northern Ireland) 2003 and shall come into operation on 5th September 2003.

• (2) In this Order –

• (a) “the 1995 Order” means the Insolvent Partnerships Order (Northern Ireland) 1995[^f00004]; and

• (b) a reference to a “modified Article” is a reference to an Article of the Insolvency (Northern Ireland) Order 1989 as modified by, and set out in, the 1995 Order.

Amendments to the 1995 Order

2

In the Arrangement of Articles in the 1995 Order –

• (a) for the words “16. Application of Part II of the Companies (Northern Ireland) Order 1989” there shall be substituted the words “16. Application of the Company Directors Disqualification (Northern Ireland) Order 2002.”;

• (b) for the words “Schedule 8 – Provisions of Part II of the Companies (Northern Ireland) Order 1989 which apply with modifications for the purposes of Article 16” there shall be substituted the words “Schedule 8 – Provisions of the Company Directors Disqualification (Northern Ireland) Order 2002 which apply with modifications for the purposes of Article 16.”.

3

In paragraph (1) of Article 3 of the 1995 Order, for the words “Companies (Northern Ireland) Order 1989” there shall be substituted the words “Company Directors Disqualification (Northern Ireland) Order 2002”.

4

For Article 16 of the 1995 Order there shall be substituted the following Article -

(16) Where an insolvent partnership is wound up as an unregistered company under Part VI of the Order the provisions of Articles 3, 4, 9-14, 18, 19, 21 and 23 of, and Schedule 1 to, the Company Directors Disqualification (Northern Ireland) Order 2002 shall apply, certain of those provisions being modified in such manner that, after modification, they are as set out in Schedule 8.

5

In paragraph (1) of Article 18 of the 1995 Order, for the words “Part II of the Companies (Northern Ireland) Order 1989” there shall be substituted the words “the Company Directors Disqualification (Northern Ireland) Order 2002”.

6

In paragraph 9 of Schedule 3 to, and paragraph 27 of Schedule 4 to, the 1995 Order (Article 198: Getting in the partnership property), in paragraph (2) of modified Article 198 for the words “Part II of the Companies (Northern Ireland) Order 1989” there shall be substituted the words “the Company Directors Disqualification (Northern Ireland) Order 2002”.

7

For Schedule 8 to the 1995 Order there shall be substituted the Schedule set out in Schedule 1 to this Order.

8

For Schedule 10 to the 1995 Order there shall be substituted the Schedule set out in Schedule 2 to this Order.

SCHEDULE 1

SCHEDULE 2

Signed

Falconer of Thoroton, C. — Dated 27th July 2003

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

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 30th July 2003.

Michael J. Bohill — Senior Officer of the — Department of Enterprise, Trade and Investment

Explanatory note

(This note is not part of the Order.)

This Order amends the Insolvent Partnerships Order (Northern Ireland) 1995 (S.R. 1995 No. 225) by:

• substituting references to the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4)) (“the CDDO”) into the Arrangement of Articles, Articles 3 and 18 and Schedules 3 and 4;

• substituting a new Article 16. The new Article applies Articles 3, 4, 9–14, 18, 19, 21 and 23 of the CDDO to insolvent partnerships. This will allow the Department of Enterprise, Trade and Investment (“the Department”) to accept a disqualification undertaking from a person who is or has been an officer of a partnership where an insolvent partnership is wound up as an unregistered company;

• substituting a new Schedule 8. The new Schedule: will allow the Department to accept a disqualification undertaking if the conditions mentioned in Article 10(1) of the CDDO are satisfied; will allow the Department to accept disqualification undertakings under Article 11 of the CDDO; provides that the Department, when determining whether it may accept a disqualification undertaking, must have regard to the matters in Schedule 1 to the CDDO; and modifies Articles 18, 19 and 21 of the CDDO in their application to insolvent partnerships; and

• substituting a new Schedule 10.

Footnotes

[^f00001]: S.I. 1989/2405 (N.I. 19) – to which the most recent relevant amendments were made by the Insolvency (Northern Ireland) Order 1989 (Amendment) Regulations (Northern Ireland) (2002 S.R. 2002 No. 223)

[^f00002]: S.I. 2002/3150 (N.I. 4)

[^f00003]: Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1)

[^f00004]: S.R. 1995 No. 225 as amended by the Insolvent Partnerships (Amendment) Order (Northern Ireland) 1996 (S.R. 1996 No. 472) and the Insolvent Partnerships (Amendment) Order (Northern Ireland) (2003 S.R. 2003 No. 144)

[^f00005]: S.I. 2002/3150 (N.I. 4)

[^f00006]: 2000 c. 8

[^f00007]: 2002 c. 13

[^f00008]: 1987 c. 38

[^f00009]: 1995 c. 39

[^f00010]: 1989 c. 40

[^f00011]: 1986 c. 46

[^f00012]: S.I. 1990 No. 1504 (N.I. 10)

[^f00013]: 1907 c. 24

[^f00014]: S.R. 1991 No. 301

[^f00015]: S.R. 1991 No. 364 as amended by S.R. 1994 No. 26, S.R. 1995 No. 291, S.R. 2000 No. 247 and S.R. 2002 No. 261

[^f00016]: S.R. 1996 No. 574

[^f00017]: S.R. 1991 No. 386

[^f00018]: S.R. 1991 No. 365 as amended by S.R. 2003 No. 103

[^f00019]: S.R. 1991 No. 385 as amended by S.R. 1992 No. 398 and S.R. 1996 No. 576

[^f00020]: S.R. 1991 No. 384 as amended by S.R. 1996 No. 577

[^f00021]: S.R. 2003 No. 347

[^f00022]: S.R. 2003 No. 357

[^f00023]: S.R. 2003 No. 358

[^f00024]: S.R. 1991 No. 302 as amended by S.R. 1993 No. 317 and S.R. 1993 No. 454