Made | 16th February 2006 | ||
To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000 | |||
Coming into operation | 27th March 2006 |
(2) A reference to a fee by means of letters and a number is a reference to the fee so designated in the table in Schedule 2.
Revocations and Transitional Provisions
3.
The statutory provisions listed in Schedule 1 are revoked to the extent set out in that Schedule.
Fees payable in connection with bankruptcies, individual voluntary arrangements, deeds of arrangement and winding up
4.
—(1) Subject to paragraphs (2) and (3) and Article 6, the fees payable to the Department in respect of proceedings under Parts I to X of the 1989 Order and the performance by the official receiver or the Department of functions under those Parts shall be determined in accordance with the provisions of Schedule 2.
(2) Paragraph (1) and the provisions of Schedule 2 shall not apply to a bankruptcy where the bankruptcy order was made before the commencement date except insofar as is necessary to enable the charging of fees IVA1, IVA2 or IVA3 in the case of an individual voluntary arrangement proposed by, or entered into by the bankrupt.
(3) Paragraph (1) and the provisions of Schedule 2 shall not apply to a winding up by the High Court where the winding-up order was made before the commencement date.
Fees payable to an insolvency practitioner appointed under Article 247
5.
Where the High Court appoints an insolvency practitioner under Article 247(2) of the 1989 Order to prepare and submit a report under Article 248 of that Order the Official Receiver shall, on submission of the report, pay to the practitioner a fee of £310 (that sum being inclusive of Value Added Tax).
Reduction and refund of fees – individual voluntary arrangement following bankruptcy
6.
Where proposals made by a bankrupt for an individual voluntary arrangement with the official receiver acting as supervisor are approved by the bankrupt's creditors, fee B1 shall be reduced to £462.50 and any payments made in respect of fee B1 which exceed that amount shall be refunded to the credit of the estate of the bankrupt.
Value Added Tax
7.
Where Valued Added Tax is chargeable in respect of the provision of a service for which a fee is prescribed by virtue of any provision of this Order (other than Article 5), there shall be payable in addition to that fee the amount of the Value Added Tax.
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on
16 February 2006
L.S.
Michael J Bohill
A senior officer of the Department of Enterprise, Trade and Investment
The Department of Finance and Personnel hereby concurs with the foregoing Order.
Sealed with the Official Seal of the Department of Finance and Personnel on
16 February 2006
L.S.
Mary McIvor
A senior officer of the Department of Finance and Personnel
Reference | Extent of revocation |
The Insolvency (Fees) Order (Northern Ireland) 1991[4] | The whole Order is revoked except in relation to any case where a winding-up or bankruptcy order is made under the 1989 Order before the commencement date but in such a case the Order shall continue to have effect with the deletion of all the entries in the Schedule to the Order except, in relation to a winding up by the High Court, that relating to Fee 8 in Part 1 of the Schedule and, in relation to a bankruptcy, that relating to Fee 19 in Part 2 of the Schedule. |
The Insolvency (Fees) (Amendment) Order (Northern Ireland) 1992[5] | The whole Order. |
The Insolvency (Fees) (Amendment) Order (Northern Ireland) 1996[6] | The whole Order. |
(2) In this Schedule, references to the performance of the "general duties" of the official receiver on the making of a winding-up or bankruptcy order—
2.
Fees payable to the Department in respect of proceedings under Parts I to X of the 1989 Order and the performance by the official receiver and the Department of functions under those Parts shall be determined in accordance with the provisions of the Table of Fees set out below—
Table of Fees
Fees payable in respect of deeds of arrangement only | ||
Designation of fee | Description of fee and circumstances in which it is charged | Amount of fee or applicable % |
1 | On filing with the Registrar a deed where the total estimated amount of property included therein or the total amount of composition thereunder appears from the affidavit of the debtor to be— | |
(a) £1,000 or less | £8.25 | |
(b) over £1,000 and not over £2,500 | £14.00 | |
(c) over £2,500 and not over £5,000 | £22.00 | |
(d) over £5,000 | £27.50 | |
2 | On filing with the Registrar any deed not covered by Fee No. 1 | £11.00 |
3 | On a certificate of registration of an original deed endorsed thereon | £1.50 |
4 | On filing with the Registrar a statutory declaration, affidavit or notice pursuant to the 1989 Order | £1.10 |
5 | On searching the register and on inspecting the filed copy, including taking the limited extract under Article 225 of the 1989 Order (for every name inspected) | £1.10 |
6 | On an account transmitted by a trustee under Article 222 of the 1989 Order— | |
(a) where the gross amount of the assets realised and brought to credit, or of the composition distributed (in the case of a composition) during the period of account does not exceed £1,000 on every £100 or part thereof | £2.25 | |
(b) where the gross amount exceeds £1,000 and in addition for every £100 or part thereof exceeding £1,000 | £1.50 | |
7 | On an application to inspect the accounts of a trustee under Article 225(2) of the 1989 Order | £1.50 |
8 | On copies of documents supplied— | |
(a) per foolscap or A4 ISO page | £0.35 | |
(b) all larger pages | £0.70 | |
Fees payable in respect of individual voluntary arrangements only | ||
Designation of fee | Description of fee and circumstances in which it is charged | Amount of fee or applicable % |
IVA1 |
Individual voluntary arrangement registration fee On the registration of an individual voluntary arrangement by the Department there is payable a fee of— |
£35 |
IVA2 |
Individual voluntary arrangement – official receiver's nominee fee For the performance by the official receiver in relation to an individual voluntary arrangement of the functions of nominee there shall be payable on the agreement of the official receiver so to act a fee of— |
£300 |
IVA3 |
Individual voluntary arrangement – official receiver's supervisor fee For the performance by the official receiver in relation to an individual voluntary arrangement of the functions of supervisor, there shall be payable a fee calculated as a percentage of any monies realised whilst he acts as supervisor at the rate of— |
15% |
Fees payable in bankruptcies only | ||
Designation of fee | Description of fee and circumstances in which it is charged | Amount of fee or applicable % |
B1 |
Bankruptcy – official receiver's administration fee For the performance by the official receiver of his general duties as official receiver on the making of a bankruptcy order there shall be payable a fee of— |
£925 |
B2 |
Bankruptcy – Department's administration fee For the performance by the Department of its general duties under the insolvency legislation in relation to the administration of the estate of each bankrupt, there shall be payable a fee (up to a maximum of £100,000) calculated as a percentage of total chargeable receipts relating to the bankruptcy (but ignoring the first £2000 and that part of the total receipts which exceeds the bankruptcy ceiling) at the rate of— |
17% |
Fees payable in relation to winding up by the High Court only | ||
Designation of fee | Description of fee and circumstances in which it is charged | Amount of fee or applicable % |
W1 |
Winding up by the High Court – official receiver's administration fee For the performance by the official receiver of his general duties as official receiver on the making of a winding-up order there shall be payable a fee of— |
£1,495 |
W2 |
Winding up by the High Court – Department's administration fee For the performance by the Department of its general duties under the insolvency legislation in relation to the administration of the affairs of each company which is being wound up by the High Court, there shall be payable a fee (up to a maximum of £100,000) calculated as a percentage of total chargeable receipts relating to the company (but ignoring the first £2000) at the rate of— |
17% |
[2] S.I.1989/2405 (N.I. 19)back
[3] S.R.1991 No.364 as amended by S.R. 1994 No. 26, S.R. 1995 No. 291, S.R. 2000 No. 247, S.R. 2002 No. 261, S.R. 2003 No. 549, S.I. 2004/355 and S.R. 2006 No. 47back
[7] S.R. 1996 No. 574 as amended by S.R. 2006 No. 23back