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STATUTORY RULES OF NORTHERN IRELAND


2007 No. 115

INSOLVENCY

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

  Made 23rd February 2007 
  To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000
  Coming into operation 12th April 2007 

The Department of Enterprise, Trade and Investment [1], with the agreement of the Lord Chancellor, makes the following Regulations in exercise of the powers conferred by Article 11 of the Insolvency (Northern Ireland) Order 2002[2]:

Citation and commencement
     1. These Regulations may be cited as the Cross-Border Insolvency Regulations (Northern Ireland) 2007 and shall come into operation on 12 April 2007.

Interpretation
    
2. In these Regulations "the UNCITRAL Model Law" means the Model Law on cross-border insolvency as adopted by the United Nations Commission on International Trade Law on 30th May 1997.

UNCITRAL Model Law to have force of law
    
3. —(1) The UNCITRAL Model Law shall have the force of law in Northern Ireland in the form set out in Schedule 1 (which contains the UNCITRAL Model Law with certain modifications to adapt it for application in Northern Ireland).

    (2) Without prejudice to any practice of the courts as to the matters which may be considered apart from this paragraph, the following documents may be considered in ascertaining the meaning or effect of any provision of the UNCITRAL Model Law as set out in Schedule 1—

Modification of Northern Ireland insolvency law
     4. —(1) Northern Ireland insolvency law (as defined in article 2 of the UNCITRAL Model Law as set out in Schedule 1) and Part 4 of the Insolvency (Northern Ireland) Order 1989[4] shall apply with such modifications as the context requires for the purpose of giving effect to the provisions of these Regulations.

    (2) In the case of any conflict between any provision of Northern Ireland insolvency law or of Part 4 of the Insolvency (Northern Ireland) Order 1989 and the provisions of these Regulations, the latter shall prevail.

Procedural matters
     5. Schedule 2 (which makes provision about procedural matters in connection with the application of the UNCITRAL Model Law as set out in Schedule 1) shall have effect.

Notices delivered to the registrar of companies
    
6. Schedule 3 (which makes provision about notices delivered to the registrar of companies under these Regulations) shall have effect.

Disapplication of Article 3 of the Insolvency (Northern Ireland) Order 1989
    
7. Nothing in Article 3 of the Insolvency (Northern Ireland) Order 1989[5] applies to anything done by a foreign representative—



Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on


23 February 2007

L.S.


Michael J Bohill
A senior officer of the Department of Enterprise, Trade and Investment


I agree to the making of these Regulations



Signed by the authority of the Lord Chancellor


Bridget Prentice
Parliamentary Under Secretary of State, Department for Constitutional Affairs

Dated 27 February 2007



SCHEDULE 1
Regulation 3(1)


UNCITRAL MODEL LAW ON CROSS-BORDER INSOLVENCY




PART 1

GENERAL PROVISIONS

Article 1. Scope of Application

     1. This Law applies where—

     2. This Law does not apply to a proceeding concerning—

     3. In paragraph 2 —

     4. The court shall not grant any relief, or modify any relief already granted, or provide any co-operation or coordination, under or by virtue of any of the provisions of this Law if and to the extent that such relief or modified relief or cooperation or coordination would—

     5. Where a foreign proceeding regarding a debtor who is an insured in accordance with the provisions of the Third Parties (Rights against Insurers) Act (Northern Ireland) 1930[15] is recognised under this Law, any stay and suspension referred to in article 20(1) and any relief granted by the court under article 19 or 21 shall not apply to or affect—

     6. Any suspension under this Law of the right to transfer, encumber or otherwise dispose of any of the debtor's assets—

     7. In paragraph 6—

For the purpose of this Law—

To the extent that this Law conflicts with an obligation of the United Kingdom under the EC Insolvency Regulation, the requirements of the EC Insolvency Regulation prevail.

Article 4. Competent court

The functions referred to in this Law relating to recognition of foreign proceedings and cooperation with foreign courts shall be performed by the High Court and assigned to the Chancery Division.

Article 5. Authorisation of Northern Ireland insolvency officeholders to act in a foreign state

A Northern Ireland insolvency officeholder is authorised to act in a foreign State on behalf of a proceeding under Northern Ireland insolvency law, as permitted by the applicable foreign law.

Article 6. Public policy exception

Nothing in this Law prevents the court from refusing to take an action governed by this Law if the action would be manifestly contrary to the public policy of Northern Ireland.

Article 7. Additional assistance under other laws

Nothing in this Law limits the power of the court or a Northern Ireland insolvency officeholder to provide additional assistance to a foreign representative under other laws of Northern Ireland.

Article 8. Interpretation

In the interpretation of this Law, regard is to be had to its international origin and to the need to promote uniformity in its application and the observance of good faith



CHAPTER II

ACCESS OF FOREIGN REPRESENTATIVES AND CREDITORS TO COURTS IN NORTHERN IRELAND

Article 9. Right of direct access

A foreign representative is entitled to apply directly to the court in Northern Ireland.

Article 10. Limited jurisdiction

The sole fact that an application pursuant to this Law is made to a court in Northern Ireland by a foreign representative does not subject the foreign representative or the foreign assets and affairs of the debtor to the jurisdiction of the courts of Northern Ireland for any purpose other than the application.

Article 11. Application by a foreign representative to commence a proceeding under Northern Ireland insolvency law

A foreign representative appointed in a foreign main proceeding or foreign non-main proceeding is entitled to apply to commence a proceeding under Northern Ireland insolvency law if the conditions for commencing such a proceeding are otherwise met.

Article 12. Participation of a foreign representative in a proceeding under Northern Ireland insolvency law

Upon recognition of a foreign proceeding, the foreign representative is entitled to participate in a proceeding regarding the debtor under Northern Ireland insolvency law.

Article 13. Access of foreign creditors to a proceeding under Northern Ireland insolvency law

     1. Subject to paragraph 2, foreign creditors have the same rights regarding the commencement of, and participation in, a proceeding under Northern Ireland insolvency law as creditors in Northern Ireland.

     2. Paragraph 1 does not affect the ranking of claims in a proceeding under Northern Ireland insolvency law, except that the claim of a foreign creditor shall not be given a lower priority than that of general unsecured claims solely because the holder of such a claim is a foreign creditor.

     3. A claim may not be challenged solely on the grounds that it is a claim by a foreign tax or social security authority but such a claim may be challenged—

     1. Whenever under Northern Ireland insolvency law notification is to be given to creditors in Northern Ireland, such notification shall also be given to the known creditors that do not have addresses in Northern Ireland. The court may order that appropriate steps be taken with a view to notifying any creditor whose address is not yet known.

     2. Such notification shall be made to the foreign creditors individually, unless—

     3. When notification of a right to file a claim is to be given to foreign creditors, the notification shall—



CHAPTER III

RECOGNITION OF A FOREIGN PROCEEDING AND RELIEF

Article 15. Application for recognition of a foreign proceeding

     1. A foreign representative may apply to the court for recognition of the foreign proceeding in which the foreign representative has been appointed.

     2. An application for recognition shall be accompanied by—

     3. An application for recognition shall also be accompanied by a statement identifying all foreign proceedings, proceedings under Northern Ireland insolvency law and section 426 requests in respect of the debtor that are known to the foreign representative.

     4. The foreign representative shall provide the court with a translation into English of documents supplied in support of the application for recognition.

Article 16. Presumptions concerning recognition

     1. If the decision or certificate referred to in paragraph 2 of article 15 indicates that the foreign proceeding is a proceeding within the meaning of sub-paragraph (h) of article 2 and that the foreign representative is a person or body within the meaning of sub-paragraph (i) of article 2, the court is entitled to so presume.

     2. The court is entitled to presume that documents submitted in support of the application for recognition are authentic, whether or not they have been legalised.

     3. In the absence of proof to the contrary, the debtor's registered office, or habitual residence in the case of an individual, is presumed to be the centre of the debtor's main interests.

Article 17. Decision to recognise a foreign proceeding

     1. Subject to article 6, a foreign proceeding shall be recognised if—

     2. The foreign proceedings shall be recognised—

     3. An application for recognition of a foreign proceeding shall be decided upon at the earliest possible time.

     4. The provisions of articles 15 and 16, this article and article 18 do not prevent modification or termination of recognition if it is shown that the grounds for granting it were fully or partially lacking or have fully or partially ceased to exist and in such as case, the court may, on the application of the foreign representative or a person affected by recognition, or of its own motion, modify or terminate recognition, either altogether or for a limited time, on such terms and conditions as the court thinks fit.

Article 18. Subsequent information

From the time of filing the application for recognition of the foreign proceeding, the foreign representative shall inform the court promptly of—

     1. From the time of filing an application for recognition until the application is decided upon, the court may, at the request of the foreign representative, where relief is urgently needed to protect the assets of the debtor or the interests of the creditors, grant relief of a provisional nature, including—

     2. Unless extended under paragraph 1(f) of article 21, the relief granted under this article terminates when the application for recognition is decided upon.

     3. The court may refuse to grant relief under this article is such relief would interfere with the administration of a foreign main proceeding.

Article 20. Effects of recognition of a foreign main proceeding

     1. Upon recognition of a foreign proceeding that is a foreign main proceeding, subject to paragraph 2—

     2. The stay and suspension referred to in paragraph 1 shall be—

and the provisions of paragraph 1 shall be interpreted accordingly.

     3. Without prejudice to paragraph 2, the stay and suspension referred to in paragraph 1, in particular, does not affect any right—

being a right which would have been exercisable if the debtor, in the case of an individual, had been adjudged bankrupt under the Insolvency (Northern Ireland) Order 1989, or, in the case of a debtor other than an individual, had been made the subject of a winding-up order under that Order.

     4. Paragraph 1(a) does not affect the right to—

     5. Paragraph 1 does not affect the right to request or otherwise initiate the commencement of a proceeding under Northern Ireland insolvency law or the right to file claims in such a proceeding.

     6. In addition to and without prejudice to any powers of the court under or by virtue of paragraph 2, the court may, on the application of the foreign representative or a person affected by the stay and suspension referred to in paragraph 1, or of its own motion, modify or terminate such stay and suspension or any part of it, either altogether or for a limited time, on such terms and conditions as the court thinks fit.

Article 21. Relief that may be granted upon recognition of a foreign proceeding

     1. Upon recognition of a foreign proceeding, whether main or non-main, where necessary to protect the assets of the debtor or the interests of the creditors, the court may, at the request of the foreign representative, grant any appropriate relief, including—

     2. Upon recognition of a foreign proceeding, whether main or non-main, the court may, at the request of the foreign representative, entrust the distribution of all or part of the debtor's assets located in Northern Ireland to the foreign representative or another person designated by the court, provided that the court is satisfied that the interests of creditors in Northern Ireland are adequately protected.

     3. In granting relief under this article to a representative of a foreign non-main proceeding, the court must be satisfied that the relief relates to assets that, under the law of Northern Ireland, should be administered in the foreign non-main proceeding or concerns information required in that proceeding.

     4. No stay under paragraph 1(a) shall affect the right to commence or continue any criminal proceedings or any action or proceedings by a person or body having regulatory, supervisory or investigative functions of a public nature, being an action or proceedings brought in the exercise of those functions.

Article 22. Protection of creditors and other interested persons

     1. In granting or denying relief under article 19 or 21, or in modifying or terminating relief under paragraph 3 or paragraph 6 of article 20, the court must be satisfied that the interests of the creditors (including any secured creditors or parties to hire-purchase agreements) and other interested persons, including if appropriate the debtor, are adequately protected.

     2. The court may subject relief granted under article 19 or 21 to conditions it considers appropriate, including the provision by the foreign representative of security for the proper performance of his functions.

     3. The court may, at the request of the foreign representative or a person affected by relief granted under article 19 or 21, or of its own motion, modify or terminate such relief.

Article 23. Actions to avoid acts detrimental to creditors

     1. Subject to paragraphs 6 and 9, upon recognition of a foreign proceeding, the foreign representative has standing to make an application to the court for an order under or in connection with Articles 202, 203, 206, 207, 312, 313, 315A, 316 and 367 of the Insolvency (Northern Ireland) Order 1989[25].

     2. Where the foreign representative makes such an application ("an article 23 application"), the Articles referred to in paragraph 1 and Articles 204, 205, 314, 315, 315B, 315C, 315D, 315E, 315F, 368 and 369 of the Insolvency (Northern Ireland) Order 1989[26] shall apply—

     3. The modifications referred to in paragraph 2 are as follows—

     4. For the purposes of paragraph 3, the date of the opening of the foreign proceeding shall be determined in accordance with the law of the State in which the foreign proceeding is taking place, including any rule of law by virtue of which the foreign proceeding is deemed to have opened at an earlier time.

     5. When the foreign proceeding is a foreign non-main proceeding, the court must be satisfied that the article 23 application relates to assets that, under the law of Northern Ireland, should be administered in the foreign non-main proceeding.

     6. At any time when a proceeding under Northern Ireland insolvency law is taking place regarding the debtor the foreign representative shall not make an article 23 application except with the permission of the court

     7. On making an order on an article 23 application, the court may give such directions regarding the distribution of any proceeds of the claim by the foreign representative, as it thinks fit to ensure that the interests of creditors in Northern Ireland are adequately protected.

     8. Nothing in this article affects the right of a Northern Ireland insolvency officeholder to make an application under or in connection with any of the provisions referred to in paragraph 1.

     9. Nothing in paragraph 1 shall apply in respect of any preference given, floating charge created, alienation, assignment or relevant contributions (within the meaning of Article 315A(5) of the Insolvency (Northern Ireland) Order 1989) made or other transaction entered into before the date on which this Law comes into force.

Article 24. Intervention by a foreign representative in proceedings in Northern Ireland

Upon recognition of a foreign proceeding, the foreign representative may, provided the requirements of the law of Northern Ireland are met, intervene in any proceedings in which the debtor is a party.



CHAPTER IV

COOPERATION WITH FOREIGN COURTS AND FOREIGN REPRESENTATIVES

Article 25. Cooperation and direct communication between the court in Northern Ireland and foreign courts or foreign representatives

     1. In matters referred to in paragraph 1 of article 1, the court may cooperate to the maximum extent possible with foreign courts or foreign representatives, either directly or through a Northern Ireland insolvency officeholder.

     2. The court is entitled to communicate directly with, or to request information or assistance directly from, foreign courts or foreign representatives.

Article 26. Cooperation and direct communication between the Northern Ireland insolvency officeholder and foreign courts or foreign representatives

     1. In matters referred to in paragraph 1 of article 1, a Northern Ireland insolvency officeholder shall to the extent consistent with his other duties under the law of Northern Ireland, in the exercise of his functions and subject to the supervision of the court, cooperate to the maximum extent possible with foreign courts or foreign representatives.

     2. The Northern Ireland insolvency officeholder is entitled, in the exercise of his functions and subject to the supervision of the court, to communicate directly with foreign courts or foreign representatives.

Article 27. Forms of cooperation

Cooperation referred to in articles 25 and 26 may be implemented by any appropriate means, including—



CHAPTER V

CONCURRENT PROCEEDINGS

Article 28. Commencement of a proceeding under Northern Ireland insolvency law after recognition of a foreign main proceeding

After recognition of a foreign main proceeding, the effects of a proceeding under Northern Ireland insolvency law in relation to the same debtor shall, insofar as the assets of that debtor are concerned, be restricted to assets that are located in Northern Ireland and, to the extent necessary to implement cooperation and coordination under articles 25, 26 and 27, to other assets of the debtor that, under the law of Northern Ireland, should be administered in that proceeding.

Article 29. Coordination of a proceeding under Northern Ireland insolvency law and a foreign proceeding

Where a foreign proceeding and a proceeding under Northern Ireland insolvency law are taking place concurrently regarding the same debtor, the court may seek cooperation and coordination under articles 25, 26 and 27, and the following shall apply—

In matters referred to in paragraph 1 of article 1, in respect of more than one foreign proceeding regarding the same debtor, the court may seek cooperation and coordination under articles 25, 26 and 27, and the following shall apply—

In the absence of evidence to the contrary, recognition of a foreign main proceeding is, for the purpose of commencing a proceeding under Northern Ireland insolvency law, proof that the debtor is unable to pay its debts within the meaning given to that expression under Northern Ireland insolvency law.

Article 32. Rule of payment in concurrent proceedings

Without prejudice to secured claims or rights in rem, a creditor who has received part payment in respect of its claim in a proceeding pursuant to a law relating to insolvency in a foreign State may not receive a payment for the same claim in a proceeding under Northern Ireland insolvency law regarding the same debtor, so long as the payment to the other creditors of the same class is proportionately less than the payment the creditor has already received.



SCHEDULE 2
Regulation 5


PROCEDURAL MATTERS




PART 2

INTRODUCTORY PROVISIONS

     1. —(1) In this Schedule—

    (2) Expressions defined in the Model Law have the same meaning when used in this Schedule.

    (3) In proceedings under these Regulations, "the Master" means the Master (Bankruptcy) and "the Judge" means the Chancery Judge or any judge of the High Court or of the Court of Appeal for the time being acting as Chancery Judge.

    (4) References to the "venue" for any proceedings or attendance before the court, are to the time, date and place for the proceedings or attendance.

    (5) References to ex parte hearings shall be construed as references to hearings without notice being served on any other party, and references to applications made ex parte as references to applications made without notice being served on any other party; and other references which include the expression "ex parte" shall be similarly construed.

    (6) References to a debtor who is of interest to the Financial Services Authority are references to a debtor who—

    (7) In sub-paragraph (6) "the general prohibition" has the meaning given by section 19 of the Financial Services and Markets Act 2000 and the reference to a "regulated activity" must be construed in accordance with—

    (8) References in this Schedule to a numbered form are to the form that bears that number in Schedule 4.



PART 3

APPLICATIONS TO COURT FOR RECOGNITION OF FOREIGN PROCEEDINGS

Affidavit in support of recognition application
     2. A recognition application shall be in Form ML 1 and shall be supported by an affidavit sworn by the foreign representative complying with paragraph 4.

Form and content of application
     3. The application shall state the following matters—

Contents of affidavit in support
     4. —(1) There shall be attached to the application an affidavit in support which shall contain or have exhibited to it—

    (2) The affidavit shall state whether, in the opinion of the applicant, the EC Insolvency Regulation applies to any of the proceedings identified in accordance with article 15(3) of the Model Law and, if so, whether those proceedings are main proceedings, secondary proceedings or territorial proceedings.

    (3) The affidavit shall also have exhibited to it the translations required under article 15(4) of the Model Law and a translation in English of any other document exhibited to the affidavit which is in a language other than English.

    (4) All translations referred to in sub-paragraph (3) must be certified by the translator as a correct translation.

The hearing and powers of court
     5. —(1) On hearing a recognition application the court may in addition to its powers under the Model Law to make a recognition order—

    (2) If the court makes a recognition order, it shall be in Form ML 2.

Notification of subsequent information
     6. —(1) The foreign representative shall set out any subsequent information required to be given to the court under article 18 of the Model Law in a statement which he shall attach to Form ML 3 and file with the court.

    (2) The statement shall include—

    (3) The foreign representative shall send a copy of the Form ML 3 and attached statement filed with the court to the following—



PART 4

APPLICATION FOR RELIEF UNDER THE MODEL LAW

Application for interim relief—affidavit in support
     7. —(1) An interim relief application must be supported by an affidavit sworn by the foreign representative stating—

Service of interim relief application not required
     8. Unless the court otherwise directs, it shall not be necessary to serve the interim relief application on, or give notice of it to, any person.

The hearing and powers of court
     9. On hearing an interim relief application the court may in addition to its powers under the Model Law to make an order granting interim relief under article 19 of the Model Law—

Application for relief under article 21 of the Model Law—affidavit in support
     10. An article 21 relief application must be supported by an affidavit sworn by the foreign representative stating—

The hearing and powers of court
     11. On hearing an article 21 relief application the court may in addition to its powers under the Model Law to make an order granting relief under article 21 of the Model Law—



PART 5

REPLACEMENT OF FOREIGN REPRESENTATIVE

Application for confirmation of status of replacement foreign representative
     12. —(1) This paragraph applies where following the making of a recognition order the foreign representative dies or for any other reason ceases to be the foreign representative in the foreign proceeding in relation to the debtor.

    (2) In this paragraph "the former foreign representative" shall mean the foreign representative referred to in sub-paragraph (1).

    (3) If a person has succeeded the former representative or is otherwise holding office as foreign representative in the foreign proceeding in relation to the debtor, that person may apply to the court for an order confirming his status as replacement foreign representative for the purpose of proceedings under these Regulations.

Contents of application and affidavit in support
     13. —(1) An application under paragraph 12(3) shall in addition to the matters required to be stated by paragraph 19(2) state the following matters—

    (2) The application shall be accompanied by an affidavit in support sworn by the applicant which shall contain or have attached to it—

    (3) All translations referred to in paragraph (c) must be certified by the translator as a correct translation.

The hearing and powers of court
     14. —(1) On hearing an application under paragraph 12(3) the court may—

    (2) If the court dismisses the application, it may also if it thinks fit make an order terminating recognition of the foreign proceeding and—



PART 6

REVIEWS OF COURT ORDERS

Reviews of court orders—where court makes order of its own motion
     15. —(1) The court shall not of its own motion make a modification or termination order unless the foreign representative and the debtor have either—

    (2) Where the foreign representative or the debtor desires to be heard on the question of such an order, the court shall give all relevant parties notice of a venue at which the question will be considered and may give directions as to the issues on which it requires evidence.

    (3) For the purposes of sub-paragraph (2), all relevant parties means the foreign representative, the debtor and any other person who appears to the court to have an interest justifying his being given notice of the hearing.

    (4) If the court makes a modification or termination order, the order may include such provision as the court thinks fit with respect to matters arising in connection with the modification or termination.

Review application—affidavit in support
     16. A review application must be supported by an affidavit sworn by the applicant stating—

Hearing of review application and powers of the court
     17. On hearing a review application, the court may in addition to its powers under the Model Law to make a modification or termination order—



PART 7

COURT PROCEDURE AND PRACTICE WITH REGARD TO PRINCIPAL APPLICATION AND ORDERS

Preliminary and interpretation
     18. —(1) This Part applies to—

Form and contents of application
     19. —(1) Subject to sub-paragraph (4) every application to which this Part applies shall be an ordinary application and shall be in Form ML 5.

    (2) Each application shall be in writing and shall state—

    (3) The application must be signed by the applicant if he is acting in person, or, when he is not so acting, by or on behalf of his solicitor.

    (4) This paragraph does not apply to a recognition application.

Filing of application
     20. —(1) The application (and all supporting documents) shall be filed with the court, with a sufficient number of copies for service and use as provided by paragraph 21(2).

    (2) Each of the copies filed shall have applied to it the seal of the court and be issued to the applicant; and on each copy there shall be endorsed the date and time of filing.

    (3) The court shall fix a venue for the hearing of the application and this also shall be endorsed on each copy of the application issued under sub-paragraph (2).

Service of the application
     21. —(1) In sub-paragraph (2), references to the application are to a sealed copy of the application issued by the court together with any affidavit in support of it and any documents exhibited to the affidavit.

    (2) Unless the court otherwise directs, the application shall be served on the following persons, unless they are the applicant—

Manner in which service to be effected
     22. —(1) Service of the application in accordance with paragraph 21(2) shall be effected by the applicant, or his solicitor, or by a person instructed by him or his solicitor, not less than 5 business days before the date fixed for the hearing.

    (2) Service shall be effected by delivering the documents to a person's proper address or in such other manner as the court may direct.

    (3) A person's proper address is any which he has previously notified as his address for service within Northern Ireland; but if he has not notified any such address or if for any reason service at such address is not practicable, service may be effected as follows—

    (4) If delivery to a company's registered office is not practicable, service may be effected by delivery to its last known principal place of business in Northern Ireland.

    (5) Delivery of documents to any place or address may be made by leaving them there or sending them by first class post in accordance with the provisions of paragraphs 65 and 70(1).

Proof of service
     23. —(1) Service of the application shall be verified by an affidavit of service in Form ML 6, specifying the date on which, and the manner in which, service was effected.

    (2) The affidavit of service, with a sealed copy of the application exhibited to it, shall be filed with the court as soon as reasonably practicable after service, and in any event not less than 1 business day before the hearing of the application.

In case of urgency
     24. Where the case is one of urgency, the court may (without prejudice to its general power to extend or abridge time limits)—

and any such application may be heard on terms providing for the filing or service of documents, or the carrying out of other formalities, as the court thinks fit.

The hearing
     25. —(1) At the hearing of the application, the applicant and any of the following persons (not being the applicant) may appear or be represented—

Notification and advertisement of order
     26. —(1) If the court makes any of the orders referred to in paragraph 18(1)(b), it shall as soon as reasonably practicable send two sealed copies of the order to the foreign representative.

    (2) The foreign representative shall send a sealed copy of the order as soon as reasonably practicable to the debtor.

    (3) The foreign representative shall, as soon as reasonably practicable after the date of the order give notice of the making of the order—

    (4) In the case of an order recognising a foreign proceeding in relation to the debtor as a foreign main proceeding, or an order under article 19 or 21 of the Model Law staying execution, distress or other legal process against the debtor's assets, the foreign representative shall also, as soon as reasonably practicable after the date of the order give notice of the making of the order—

    (5) In the application of sub-paragraph (3) and (4) the references to property shall be taken as references to property situated within Northern Ireland.

    (6) Where the debtor is a relevant company, the foreign representative shall send notice of the making of the order to the registrar before the end of the period of 5 business days beginning with the date of the order. The notice to the registrar shall be in Form ML 7.

    (7) The foreign representative shall advertise the making of the following orders once in the Gazette and once in such newspaper as he thinks most appropriate for ensuring that the making of the order comes to the notice of the debtor's creditors—

and the advertisement shall be in Form ML 8.

Adjournment of hearing; directions
     27. —(1) This paragraph applies in any case where the court exercises its powers to adjourn the hearing of the application.

    (2) The court may at any time give such directions as it thinks fit as to—



PART 8

UNREGISTERED AND REGISTERED LAND

Registration of court order
     28. —(1) Where the court makes a recognition order in respect of a foreign main proceeding or an order suspending the right to transfer, encumber or otherwise dispose of any assets of the debtor being unregistered land, the Master shall certify one copy of the order in fulfilment of the requirement under section 2(3)(a) of the Registration of Deeds Act (Northern Ireland) 1970[
39]. The court shall forthwith send the certified copy of the order along with one uncertified copy to the Registry of Deeds to be registered under section 2(3) of the Registration of Deeds Act (Northern Ireland) 1970.

    (2) Where the court makes a modification or termination order the Master shall certify one copy of the order in fulfilment of the requirement under section 2(3)(a) of the Registration of Deeds Act (Northern Ireland) 1970. The court shall forthwith send the certified copy of the order along with one uncertified copy to the Registry of Deeds to be registered under section 2(3) of the Registration of Deeds Act (Northern Ireland) 1970.

    (3) Registration of a recognition order in respect of a foreign main proceeding or an order suspending the right to transfer, encumber or otherwise dispose of any assets of the debtor being unregistered land shall be vacated on registration of a termination order.

    (4) Where the court makes any order in proceedings under these regulations which is capable of giving rise to an application under the Land Registration Act (Northern Ireland) 1970[40] and the debtor is the registered owner of, or has a registered charge over, any land, the foreign representative may make the appropriate application or applications to the Registrar of Titles.

    (5) In sub-paragraph (4) an appropriate application is—



PART 9

MISFEASANCE

Misfeasance by foreign representative
     29. —(1) The court may examine the conduct of a person who—

    (2) An examination under this paragraph may be held only on the application of—

    (3) An application under sub-paragraph (2) must allege that the foreign representative—

    (4) On an examination under this paragraph into a person's conduct the court may order him—

    (5) In sub-paragraph (3) "foreign representative" includes a person who purports or has purported to be a foreign representative in relation to a debtor.



PART 10

GENERAL PROVISION AS TO COURT PROCEDURE AND PRACTICE

Principal court rules and practice to apply with modifications
     30. The Supreme Court Rules and the practice of the High Court shall apply to proceedings under these Regulations with such modifications as may be necessary for the purpose of giving effect to the provisions of these Regulations.

Applications other than the principal applications—preliminary
     31. Paragraphs 32 to 37 apply to any application made to the court under these Regulations, except any of the applications referred to in paragraph 18(1)(a).

Form and contents of application
     32. —(1) Every application shall be in the form appropriate to the application concerned. Forms ML 4 and ML 5 shall be used for an originating application and an ordinary application respectively under these Regulations.

    (2) Each application shall be in writing and shall state—

    (3) An originating application shall set out the grounds on which the applicant claims to be entitled to the relief or order sought.

    (4) The application must be signed by the applicant if he is acting in person or, when he is not so acting, by or on behalf of his solicitor.

Filing and service of application
     33. —(1) The application shall be filed in court, accompanied by one copy and a number of additional copies equal to the number of persons who are to be served with the application.

    (2) Subject to sub-paragraph (6) and paragraph 34, or unless the court otherwise orders, upon the presentation of the documents mentioned in sub-paragraph (1), the court shall fix a venue for the application to be heard.

    (3) Unless the court otherwise directs, the applicant shall serve a sealed copy of the application, endorsed with the venue of the hearing, on the respondent named in the application (or on each respondent if more than one).

    (4) The court may give any of the following directions—

    (5) Subject to sub-paragraph (6), the application must be served at least 10 business days before the date fixed for the hearing.

    (6) Where the case is one of urgency, the court may (without prejudice to its general power to extend or abridge time limits)—

and any such application may be heard on terms providing for the filing or service of documents, or the carrying out of other formalities, as the court thinks fit.

Other hearings ex parte
     34. —(1) Where the relevant provisions of these Regulations do not require service of the application on, or notice of it to be given to, any person, the court may hear the application ex parte.

    (2) Where the application is properly made ex parte, the court may hear it forthwith, without fixing a venue as required by paragraph 33(2).

    (3) Alternatively, the court may fix a venue for the application to be heard, in which case paragraph 33 applies (so far as relevant).

Use of affidavit evidence
     35. —(1) In any proceedings evidence may be given by affidavit unless the court otherwise directs; but the court may, on the application of any party, order the attendance for cross-examination of the person making the affidavit.

    (2) Where, after such an order has been made, the person in question does not attend, his affidavit shall not be used in evidence without the permission of the court.

Filing and service of affidavits
     36. —(1) Unless the court otherwise allows—

Adjournment of hearings; directions
     37. The court may adjourn the hearing of an application on such terms (if any) as it thinks fit and in the case of such an adjournment paragraph 27(2) shall apply.

Shorthand writers
     38. —(1) The Judge may in writing nominate one or more persons to be official shorthand writers to the court.

    (2) The court may, at any time in the course of proceedings under these Regulations, appoint a shorthand writer to take down the evidence of a person examined in pursuance of a court order under article 19 or 21 of the Model Law.

    (3) The remuneration of a shorthand writer appointed in proceedings under these Regulations shall be paid by the party at whose instance the appointment was made or otherwise as the court may direct, at the rates payable for taking a note of evidence and making a transcript for use in the Court of Appeal.

    (4) Any question arising as to the rates of remuneration payable under this paragraph shall be determined by the court in its discretion.

Enforcement procedures
     39. In any proceedings under these Regulations, orders of the court may be enforced in the same manner as a judgment to the same effect.

Title of proceedings
     40. —(1) Every proceeding under these Regulations shall be headed and, with any necessary additions, be intituled,

    (2) Sub-paragraph (1) shall not apply in respect of any form prescribed under these Regulations.

Court records
     41. The court shall keep records of all proceedings under these Regulations, and shall cause to be entered in the records the taking of any step in the proceedings, and such decisions of the court in relation thereto, as the court thinks fit.

Inspection of records
     42. —(1) Subject to sub-paragraph (2), the court's records of proceedings under these Regulations shall be open to inspection by any person.

    (2) If in the case of a person applying to inspect the records the Master is not satisfied, as to the propriety of the purpose for which inspection is required, he may refuse to allow it. That person may then apply forthwith and ex parte to the Judge, who may refuse the inspection or allow it on such terms as he thinks fit.

    (3) The decision of the Judge under sub-paragraph (2) is final.

File of court proceedings
     43. —(1) In respect of all proceedings under these Regulations, the court shall open and maintain a file for each case; and (subject to directions of the Master) all documents relating to such proceedings shall be placed on the relevant file.

    (2) No proceedings under these Regulations shall be filed in the Central Office of the Supreme Court.

Right to inspect the file
     44. —(1) In the case of any proceedings under these Regulations, the following have the right, at all reasonable times, to inspect the court's file of the proceedings—

    (2) The right of inspection conferred by sub-paragraph (1) on any person may be exercised on his behalf by a person properly authorised by him.

    (3) Any person may, by leave of the court, inspect the file.

    (4) The right of inspection conferred by this paragraph is not exercisable in the case of documents, or parts of documents, as to which the court directs (either generally or specially) that they are not to be made open to inspection without the court's permission.

    (5) An application for a direction of the court under sub-paragraph (4) may be made by the foreign representative or by any party appearing to the court to have an interest.

    (6) If, for the purpose of powers conferred by the 1989 Order or the Rules, the Department or the official receiver wishes to inspect the file of any proceedings under these Regulations, and requests the transmission of the file, the court shall comply with such request (unless the file is for the time being in use for the court's purposes).

    (7) Paragraph 42(2) and (3) apply in respect of the court's file of any proceedings under these Regulations as they apply in respect of court records.

    (8) Where these Regulations confer a right for any person to inspect documents on the court's file of proceedings, the right includes that of taking copies of those documents on payment of the fee chargeable under any order made under section 116 of the Judicature (Northern Ireland) Act 1978[42].

Copies of court orders
     45. —(1) In any proceedings under these Regulations, any person who under paragraph 44 has a right to inspect documents on the court file also has the right to require the foreign representative in relation to those proceedings to furnish him with a copy of any court order in the proceedings.

    (2) Sub-paragraph (1) does not apply if a copy of the court order has been served on that person or notice of the making of the order has been given to that person under other provisions of these Regulations.

Filing of Gazette notices and advertisements
     46. —(1) Where there appears in an advertisement relating to proceedings under these Regulations, the person inserting the advertisement shall file a copy of it in the court and the copy shall be accompanied by, or have endorsed on it, such particulars as are necessary to identify the proceedings and the date of the advertisement's appearance.

    (2) An officer of the court shall from time to time file a memorandum giving dates of, and other particulars relating to, any notice published in the Gazette, and any newspaper advertisements, which relate to proceedings under these Regulations.

    (3) The Officer's memorandum is prima facie evidence that any notice or advertisement mentioned in it was duly inserted in the issue of the newspaper or the Gazette which is specified in the memorandum.

Persons incapable of managing their affairs—introductory
     47. —(1) Paragraphs 48 to 50 apply where in proceedings under these Regulations it appears to the court that a person affected by the proceedings is one who in incapable of managing and administering his property and affairs either—

    (2) The person concerned is referred to as "the incapacitated person".

Appointment of another person to act
     48. —(1) The court may appoint such person as it thinks fit to appear for, represent or act for the incapacitated person.

    (2) The appointment may be made either generally or for the purpose of any particular application or proceeding, or for the exercise of particular rights or powers which the incapacitated person might have exercised but for his incapacity.

    (3) The court may make the appointment either of its own motion or on application by—

    (4) Application under sub-paragraph (3) may be made ex parte; but the court may require such notice of the application as it thinks necessary to be given to the person alleged to be incapacitated, or any other person, and may adjourn the hearing of the application to enable the notice to be given.

Affidavit in support of application
     49. —(1) An application under paragraph 48(3) shall subject to paragraph (2), be supported by an affidavit of a registered medical practitioner as to the mental or physical condition of the incapacitated person.

    (2) The affidavit of a registered medical practitioner shall not be required where the incapacitated person is a patient within the meaning of the Mental Health (Northern Ireland) Order 1986.

Service of notices following appointment
     50. Any notice served on, or sent to, a person appointed under paragraph 48 has the same effect as if it had been served on, or given to, the incapacitated person.

Rights of audience
     51. Rights of audience in proceedings under these Regulations are the same as obtain in proceedings under Northern Ireland insolvency law.

Right of attendance
     52. —(1) Subject to sub-paragraphs (2) to (7), in proceedings under these Regulations, any person stating himself in writing, in records kept by the court for that purpose, to be a creditor of the debtor to which the proceedings relate, is entitled at his own cost, to attend in court or in chambers at any stage of the proceedings.

    (2) Attendance may be by the person himself, or his solicitor.

    (3) A person so entitled may request the court in writing to give him notice of any step in the proceedings; and, subject to his paying the costs involved and keeping the court informed as to his address, the court shall comply with the request.

    (4) If the court is satisfied that the exercise by a person of his rights under this paragraph has given rise to costs for the estate of the debtor which would not otherwise have been incurred and ought not, in the circumstances, to fall on that estate, it may direct that the costs be paid by the person concerned, to an amount specified.

    (5) The rights of that person under this paragraph shall be in abeyance so long as those costs are not paid.

    (6) The court may appoint one or more persons to represent the creditors of the debtor to have the rights conferred by this paragraph, instead of the rights being exercised by any or all of them individually.

    (7) If two or more persons are appointed under sub-paragraph (6) to represent the same interest, they must (if at all) instruct the same solicitor.

Right of attendance for member State liquidator
     53. For the purposes of paragraph 52(1), a member State liquidator appointed in relation to a debtor subject to proceedings under these Regulations shall be deemed to be a creditor.

Northern Ireland insolvency officeholder's solicitor
     54. Where in any proceedings the attendance of the Northern Ireland insolvency officeholder's solicitor is required, whether in court or in chambers, the Northern Ireland insolvency officeholder himself need not attend, unless directed by the court.

Formal defects
     55. No proceedings under these Regulations shall be invalidated by any formal defect or by any irregularity, unless the court before which objection is made considers that substantial injustice has been caused by the defect or irregularity, and that the injustice cannot be remedied by any order of the court.

Restriction on concurrent proceedings and remedies
     56. Where in proceedings under these Regulations the court makes an order staying any action, execution or other legal process against the property of a debtor, service of the order may be effected by sending a sealed copy of the order to whatever is the address for service of the claimant or other party having the carriage of the proceedings to be stayed.

Affidavits
     57. —(1) Where in proceedings under these Regulations, an affidavit is made by any Northern Ireland insolvency officeholder acting in relation to the debtor, he shall state the capacity in which he makes it, the position which he holds and the address at which he works.

    (2) Any officer of the court duly authorised in that behalf, may take affidavits and declarations.

Security in court
     58. —(1) Subject to sub-paragraph (3), where security has to be given to the court (otherwise than in relation to costs) it shall be given by bond.

    (2) The bond shall be taken in a penal sum, which, except with the consent of the opposite party, shall be not less than the sum for which security is to be given and probable costs.

    (3) A person required to give security may, in lieu thereof, lodge in court a sum equal to the sum for which security is to be given and probable costs together with a memorandum approved by the Master and signed by such person or his solicitor stating the conditions on which the money is deposited.

    (4) Upon the lodgement the Master shall forthwith notify the persons for whose protection the security is given that the money has been lodged in court.

Further information and disclosure
     59. —(1) Any party to proceedings under these Regulations may, with the leave of the court, administer interrogatories to, or obtain discovery from any other party to those proceedings.

    (2) Applications under this paragraph may be made without notice being served on any other party.

Office copies of documents
     60. —(1) Any person who has under these Regulations the right to inspect the court file of proceedings may require the court to provide him with an office copy of any document from the file.

    (2) A person's right under this paragraph may be exercised on his behalf by his solicitor.

    (3) An office copy provided by the court under this paragraph shall be in such form as the Master thinks appropriate, and shall bear the court's seal.



PART 11

COSTS AND DETAILED ASSESSMENT

Requirement to assess costs by the detailed procedure
     61. In any proceedings before the court, the court may order costs to be taxed.



PART 12

APPEALS IN PROCEEDINGS UNDER THESE REGULATIONS

Appeals from court orders
     62. —(1) An order or decision of the Master in proceedings under these Regulations may be reviewed by an appeal to the Judge and an appeal from the decision of the Judge on such an appeal lies, with the permission of the Court of Appeal, to the Court of Appeal.

    (2) An appeal from the decision of the Judge in proceedings under these Regulations which is not a decision on an appeal made to him under sub-paragraph (1) lies, with the permission of the Judge or the Court of Appeal, to the Court of Appeal.

Procedure on appeals
     63. —(1) Order 58, rule 1(2) to (4) of the Supreme Court Rules applies to an appeal to the Judge under paragraph 62(1), with the substitution in paragraph (3) of the words "28 days" for the words "5 days" and the words "7 days" for the words "2 clear days".

    (2) The following Rules in Order 59 of the Supreme Court Rules shall apply to an appeal to the Court of Appeal under sub-paragraph (1) or sub-paragraph (2) of paragraph 62:—



PART 13

GENERAL

Notices
     64. —(1) All notices required or authorised by or under these Regulations to be given must be in writing, unless it is otherwise provided, or the court allows the notice to be given in some other way.

    (2) Where in proceedings under these Regulations a notice is required to be sent or given by any person, the sending or giving of it may be proved by means of a certificate by that person that he posted the notice, or instructed another person (naming him) to do so.

    (3) A certificate under this paragraph may be endorsed on a copy or specimen of the notice to which it relates.

"Give notice" etc
     65. —(1) A reference in these Regulations to giving notice, or to delivering, sending or serving any document, means that the notice or document may be sent by post.

    (2) Subject to paragraph 70, any form of post may be used.

    (3) Personal service of a document is permissible in all cases.

    (4) Notice of the venue fixed for an application may be given by service of the sealed copy of the application under paragraph 33(3).

Notice, etc. to solicitors
     66. Where in proceedings under these Regulations a notice or other document is required or authorised to be given to a person, it may, if he has indicated that his solicitor is authorised to accept service on his behalf, be given instead to the solicitor.

Notice to joint Northern Ireland insolvency officeholders
     67. Where two or more persons are acting jointly as the Northern Ireland insolvency officeholder in proceedings under Northern Ireland insolvency law, delivery of a document to one of them is to be treated as delivery to them all.

Forms for use in proceedings under these Regulations
     68. —(1) The forms contained in Schedule 4 shall be used in, and in connection with, proceedings under these Regulations.

    (2) The forms shall be used with such variations, if any, as the circumstances may require.

Time
     69. The provisions of Order 3 of the Supreme Court Rules, except rules 3 and 6, apply as regards computation, extension and abridgement of time in respect of anything required or authorised to be done in respect of these Regulations.

Service by post
     70. —(1) For a document to be properly served by post, it must be contained in an envelope addressed to the person on whom service is to be effected, and pre-paid for first class post.

    (2) A document to be served by post may be sent to the last known address of the person to be served.

    (3) Where first class post is used, the document is treated as served on the second business day after the date of posting, unless the contrary is shown.

    (4) The date of posting is presumed, unless the contrary is shown, to be the date shown in the post-mark on the envelope in which the document is contained.

General provisions as to service and notice
     71. —(1) Subject to paragraphs 22, 70 and 72 and sub-paragraphs (2) and (3), Order 65 of the Supreme Court Rules applies as regards any matter relating to the service of documents and the giving of notice in proceedings under these Regulations.

    (2) In Order 65, rule 7, the expression "other originating process" does not include any application in insolvency proceedings.

    (3) Order 65, rule 9 does not apply.

Service outside the jurisdiction
     72. —(1) Order 11 of the Supreme Court Rules does not apply in proceedings under these Regulations.

    (2) Where for the purposes of proceedings under these Regulations any process or order of the court, or other document, is required to be served on a person who is not in Northern Ireland, the court may order service to be effected within such time, on such person, at such place and in such manner as it thinks fit, and may also require such proof of service as it thinks fit.

    (3) An application under this paragraph shall be supported by an affidavit stating—

False claim of status as creditor
     73. —(1) Rule 12.20 (false claim of status as creditor, etc) shall apply with any necessary modifications in any case where a person falsely claims the status of a creditor of a debtor, with the intention of obtaining a sight of documents whether on the court's file or in the hands of the foreign representative or other person, which he has not under these Regulations any right to inspect.

    (2) Rule 12.22 and Schedule 3 to the Rules shall apply to an offence under Rule 12.20 as applied by sub-paragraph (1) as they apply to an offence under Rule 12.20.

The Gazette
     74. —(1) A copy of the Gazette containing any notice required by these Regulations to be gazetted is evidence of any fact stated in the notice.

    (2) In the case of an order of the court notice of which is required by these Regulations to be gazetted, a copy of the Gazette containing the notice may in any proceedings be produced as conclusive evidence that the order was made on the date specified in the notice.



SCHEDULE 3
Regulation 6


NOTICES DELIVERED TO THE REGISTRAR


Interpretation
     1. —(1) In this Schedule—

    (2) Expressions defined in the Model Law or Schedule 2, as appropriate, have the same meaning when used in this Schedule.

    (3) References in this Schedule to delivering a notice include sending, forwarding, producing or giving it.

Functions of the registrar
     2. —(1) Where a Model Law notice is delivered to the registrar in respect of a relevant company, the registrar shall enter a note in the register relating to that company.

    (2) The note referred to in sub-paragraph (1) shall contain the following particulars, in each case as stated in the notice delivered to the registrar—

Delivery to registrar of notices
     3. —(1) Electronic communications may be used for the delivery of any Model Law notice, provided that such delivery is in such form and manner as is directed by the registrar.

    (2) Where the Model Law notice is required to be signed, it shall instead be authenticated in such manner as is directed by the registrar.

    (3) If a Model Law notice is delivered to the registrar which does not comply with the requirements of these Regulations, he may serve on the person by whom the notice was delivered (or, if there are two or more such persons, on any of them) a notice (a non-compliance notice) indicating the respect in which the Model Law notices does not comply.

    (4) Where the registrar serves a non-compliance notice, then, unless a replacement Model Law notice—

the original Model Law notice shall be deemed not to have been delivered to him.

Enforcement of foreign representative's duty to give notice to registrar
     4. —(1) If a foreign representative, having made default in complying with paragraph 26(6) of Schedule 2 fails to make good the default within 14 days after the service of a notice on the foreign representative requiring him to do so, the court may, on an application made to it by any creditor, member, director or other officer of the debtor or by the registrar, make an order directing the foreign representative to make good the default within such time as may be specified in the order.

    (2) The court's order may provide that all costs of and incidental to the application shall be borne by the foreign representative.

Rectification of the register under court order
     5. —(1) The registrar shall remove from the register any note, or part of a note—

and that the court directs should be removed from the register.

    (2) The court order must specify what is to be removed from the register and indicate where on the register it is and the registrar shall carry out his duty under sub-paragraph (1) within a reasonable time of receipt by him of the relevant court order.



SCHEDULE 4
Schedule 2, paragraph 68


Forms




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EXPLANATORY NOTE

(This note is not part of the Regulations)


On 30th May 1997 the United Nations Commission on International Trade Law ("UNCITRAL") adopted the text of a model law on cross-border insolvency, which was approved by a resolution of the United Nations General Assembly on 15th December 1997. These Regulations give effect to the model law in Northern Ireland.

Regulation 3 of the Regulations provides that the UNCITRAL model law shall have the force of law in Northern Ireland in the form set out in Schedule 1 to the Regulations (the Model Law) and provides that in interpreting the Model Law the courts can have regard to other documents including the Guide to Enactment of the Model Law published by UNCITRAL (ISBN 92-1-133608-2). The model law and Guide may be accessed at
http://www.uncitral.org/uncitral/en/uncitral_texts/insolvency/1997Model.html.

Chapter 1 of the Model Law contains General Provisions (articles 1 to 8). Article 1 sets out the scope of application of the Model Law, which may apply in a number of cross-border situations, and also lists certain bodies to which the Model Law does not apply. Article 3 of the Model Law clarifies that Council Regulation (EC) No. 1346/2000 of 29th May 2000 on Insolvency Proceedings prevails over the Model Law.

Chapter II (articles 9 to 14) relates to the access of foreign representatives and creditors to courts in Northern Ireland and their rights to participate in an insolvency proceeding in Northern Ireland.

Chapter III of the Model Law deals with recognition of foreign proceedings and relief. Articles 15 to 17 set out criteria for determining whether a foreign proceeding is to be recognised and, if so whether as a foreign main proceeding or as a foreign non-main proceeding (see articles 16, 17 and definitions in article 2).

Articles 19 to 21 set out the effects of recognition and the relief available to a foreign representative. The relief accorded upon recognition of a foreign main proceeding is listed in article 20(1). Article 21 of the Model Law provides for the court to grant discretionary relief for the benefit of any recognised foreign proceeding, whether main or non-main. Urgently needed relief may be granted by the court on an interim basis pending a decision on recognition (article 19).

Chapter IV of the Model Law provides for the Northern Ireland courts and Northern Ireland insolvency officeholders to cooperate with foreign courts or foreign representatives in the areas covered by the Model Law (articles 25 to 27).

Chapter V of the Model Law (articles 28 to 32) provides for the coordination of a Northern Ireland insolvency proceeding and a foreign proceeding concerning the same debtor and facilities coordination between two or more foreign proceedings concerning the same debtor.

Schedule 2 to the Regulations sets out procedural matters in relation to proceedings under the Model Law in Northern Ireland. Parts 2 to 5 of the Schedule contain details of the form and content of specified applications under the Model Law and Part 6 sets out more detailed procedural requirements in respect of those applications. Part 7 of Schedule 2 provides for the registration of court orders under the Regulations with the Registry of Deeds, and for applications to be made in appropriate cases to the Registrar of Titles at the Land Registry. Part 8 provides for a summary remedy against foreign representatives guilty of misfeasance. Parts 9 to 12 contain general provision as to court procedure and practice and appeals in connection with proceedings under the Regulations, costs and other general matters.

Schedule 3 makes provision in relation to notices delivered to the registrar of companies under the Regulations.

Schedule 4 contains forms prescribed for use in connection with proceedings under the Regulations.

A full regulatory impact assessment has not been produced for this instrument as it has a negligible impact on the costs of business.


Notes:

[1] Formerly the Department of Economic Development; see Article 3(5) of the Departments (Northern Ireland) Order 1999, (S.I.1999/283 (N.I.1))back

[2] S.I. 2002/3152 (N.I.6)back

[3] A United Nations Publication, ISBN 92-1-133608-2.back

[4] S.I. 1989/2405 (N.I.19)back

[5] Article 3 of the Insolvency (Northern Ireland) Order 1989 was amended by Article 6 (1) of the Insolvency (Northern Ireland) Order 2002 (2002/3152 (N.I.6)), S.R. 2002 No.334, S.R. 2003 No.550 and was modified by S.R. 1995 No.225 and S.R. 2004 No.307back

[6] 2000 c.38back

[7] 1986 c.53back

[8] S.I.2004/1045back

[9] 2000 c.8back

[10] S.I. 2004/353, to which there are amendments not relevant to these Regulationsback

[11] 1987 c.53back

[12] Part V of S.I.1990 No.1504 (N.I. 10) was amended by S.R. 1991 No. 443 paragraph 49 of Schedule 5 to the Bank of England Act 1998 (c.11), S.I. 2001/3649, S.I.2001/3929, Schedule 4 to S.I. 2005/1454 (N.I.9), and paragraphs 49, 50, 51 and 52 of Schedule 2 to S.I. 2005/1455 (N.I.10)back

[13] S.I. 1999/2979 as extended to Northern Ireland by S.I. 2006/50; relevant amendments made by S.I. 2000/2952, S.I. 2001/3929, S.I. 2002/765 and S.I. 2003/2096back

[14] S.I. 2003/3226back

[15] 1930 c.19 (N.I.) amended by S.I. 1989/2405 (N.I. 19) and S.R. 2004 No. 307back

[16] 1970 c.18 (N.I.) amended by S.I. 1992/811 (N.I. 7)back

[17] 1970 c.18 (N.I.)back

[18] 1881 c.41back

[19] Council Regulation (EC) 1346/2000, OJ No. L160, 30.06.00 p.1back

[20] S.I.1981/226 (N.I.6)back

[21] S.I. 1989/2405 (N.I. 19)back

[22] Article 3 was amended by Article 6 of S.I. 2002/3152 (N.I. 6), and by S.R. 2002 No. 334 and modified by S.R. 1995 No. 225, S.R. 2003 No. 550 and S.R. 2004 No. 307back

[23] 1986 c.45; section 426 was amended by paragraph 16 of Schedule 4 to the Insolvency Act 2000 (c.39)back

[24] Schedule B1 was inserted by Article 3(2) of, and Schedule 1 to, the Insolvency (Northern Ireland) Order 2005, (S.I. 2005/1455 (N.I. 10))back

[25] S.I. 1989/2405 (N.I.19); Articles 202, 206 and 207 were amended by paragraph 18 and by paragraphs 36, 39 and 40 of Schedule 2 to S.I. 2005/1455 (N.I. 10) respectively, and in the case of Article 207, Schedule 9; Articles 312 and 367 were amended by paragraphs 85 and 87 of Schedule 29 to the Civil Partnership Act 2004 (c.33); Article 315A was inserted by Article 15 of S.I. 1999/3147 (N.I. 11)back

[26] Articles 204, 205 and 368 were amended by paragraphs 18, 37, 38 and 44 of Schedule 2 to S.I. 2005/1455 (N.I.10) and in the case of Article 204, Schedule 9; Articles 205 and 315 were amended by sections 3 and 4 of the Insolvency (No.2) Act 1994 (c.12); Articles 315A, 315B and 315C were substituted by Article 15 of S.I. 1999/3147 (N.I.11), and Articles 315D , 315E and 315F were inserted by paragraphs 53 and 54 of Schedule 9 to S.I. 1999/3147 (N.I.11)back

[27] S.I. 1989/2405 (N.I.19)back

[28] S.I. 1986/1032 (N.I.6)back

[29] Article 640A was inserted by S.R. 1993 No. 198back

[30] Article 641(1) was amended by S.R. 2003 No.3back

[31] Article 667 was amended by S.R. 2004 No.335back

[32] Article 653 amended by S.I.1996/1632 (N.I. 11)back

[33] The Insolvency Rules (Northern Ireland) 1991 (S.R. 1991 No.364), as amended by the Insolvency (Amendment) Rules (Northern Ireland) 1994 (S.R. 1994 No.26), the Insolvency (Amendment) Rules (Northern Ireland) 1995 (S.R. 1995 No.291), the Insolvency (Amendment) Rules (Northern Ireland) 2000 (S.R. 2000 No.247), the Insolvency (Amendment) Rules (Northern Ireland) 2002 (S.R. 2002 No.261), the Insolvency (Amendment) Rules (Northern Ireland) 2003 (S.R. 2003 No.549), the Financial Services and Markets Act 2000 (Consequential Amendments) Order 2004 (S.I. 2004/355) and the Insolvency (Amendment) Rules (Northern Ireland) 2006 (S.R. 2006 No.47)back

[34] S.R. 1980 No. 346back

[35] 2000 c.8back

[36] Schedule B1 was inserted into S.I. 1989/2405 (N.I. 19) by Article 3(2) of and Schedule 1 to S.I. 2005/1455 (N.I. 10)back

[37] S.I. 1986/1032 (N.I.6)back

[38] S.R. 1995 No.225, to which there are amendments not relevant to these Regulationsback

[39] 1970 c.25 (N.I.)back

[40] 1970 c.18 (N.I.)back

[41] S.I. 1986/1032 (N.I.6)back

[42] 1978 c.23back

[43] S.I. 1986/595 (N.I.4)back

[44] S.I.1986/1032 (N.I.6)back

[45] 2001 c.9 (N.I.)back



ISBN 978 0 337 96888 4


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Prepared 11 May 2007


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