
1 

(1) These Regulations may be cited as the Insolvency (Amendment) Regulations (Northern Ireland) 2009 and shall come into operation on 1st October 2009.
(2) In these Regulations, the “principal Regulations” means the Insolvency Regulations (Northern Ireland) 1996.
2 
The principal Regulations shall be amended in accordance with the provisions of the Schedule.
3 
The substitution of Schedule 1 to the principal Regulations by paragraph 4 of the Schedule shall only apply in relation to services provided by the official receiver or any of his officers in relation to—
(a) a company in respect of which a winding-up order is made on or after 1st October 2009;
(b) a bankruptcy where the bankruptcy order is made on or after 1st October 2009; or
(c) his appointment as interim receiver or provisional liquidator when he is appointed on or after 1st October 2009.
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 20th May 2009.
Michael J Bohill
A senior officer of the
Department of Enterprise, Trade and Investment

SCHEDULE
Regulation 2
1 
After regulation 3A of the principal Regulations there shall be inserted the following—“
3B. 

(1) This regulation applies to monies which—
(a) are held by the former administrator of a dissolved company; and
(b) represent either or both of the following—
(i) unclaimed dividends due to creditors, or
(ii) sums held by the company in trust in respect of dividends or other sums due to any person as a member or former member of the company.
(2) Any monies to which this regulation applies may be paid into the Insolvency Account.
(3) Where under this regulation the former administrator pays any sums into the Insolvency Account, he shall at the same time give notice to the Department of—
(a) the name of the company;
(b) the name and address of the person to whom the dividend or other sum is payable;
(c) the amount of the dividend or other sum; and
(d) the date on which it was paid.
(4) Where a dividend or other sum is paid to a person by way of a payment instrument, any payment into the Insolvency Account in respect of that dividend or sum pursuant to paragraph (2) may not be made earlier than on or after the expiry of 6 months from the date of the payment instrument.”.
2 
After regulation 3B there shall be inserted—“
PART 1B
ADMINISTRATIVE RECEIVERSHIP
3C. 

(1) This regulation applies to monies which—
(a) are held by the former administrative receiver of a dissolved company; and
(b) represent either or both of the following—
(i) unclaimed dividends due to creditors, or
(ii) sums held by the company in trust in respect of dividends or other sums due to any person as a member or former member of the company.
(2) Any monies to which this regulation applies may be paid into the Insolvency Account.
(3) Where the former administrative receiver pays any sums into the Insolvency Account, he shall at the same time give notice to the Department of—
(a) the name of the company;
(b) the name and address of the person to whom the dividend or other sum is payable;
(c) the amount of the dividend or other sum; and
(d) the date on which it was paid.
(4) Where a dividend or other sum is paid to a person by way of a payment instrument, any payment in respect of that dividend or sum into the Insolvency Account pursuant to paragraph(2) may not be made earlier than on or after the expiry of 6 months from the date of the payment instrument.”.
3 
For the heading to, and regulation 18 substitute the following—“
18. 

(1) This regulation applies to monies which—
(a) are held by the former liquidator of a dissolved company, and
(b) represent either or both of the following—
(i) unclaimed dividends due to creditors, or
(ii) sums held by the company in trust in respect of dividends or other sums due to any person as a member or former member of the company.
(2) Monies to which this regulation applies—
(a) may in the case of a voluntary winding up, and
(b) shall in the case of a winding up by the court,be paid into the Insolvency Account.
(3) Where the former liquidator pays any sums into the Insolvency Account pursuant to paragraph (2), he shall at the same time give notice to the Department of—
(a) the name of the company;
(b) the name and address of the person to whom the dividend or other sum is payable;
(c) the amount of dividend or other sum; and
(d) the date on which it was paid.
(4) Where a dividend or other sum is paid to a person by way of a payment instrument, any payment into the Insolvency Account in respect of that dividend or sum pursuant to paragraph (2) may not be made earlier than on or after the expiry of 6 months from the date of the payment instrument.”.
4 
For Schedule 1 there shall be substituted—“
SCHEDULE 1
Regulation 34


Grade according to the Insolvency Service grading structure/Status of Official Total hourly rate£
Official Receiver 69
Deputy Official Receiver 58
Examiner/Staff Officer administrator 46
Assistant Examiner/EOI administrator 43
Trainee Examiner/EOII administrator 42
Administrative Officer 36
Administrative Assistant 31”