Moratorium Section 6 and Schedule 8: Moratoriums in Northern Ireland – temporary modifications
Section 6 introduces Schedule 8 which makes temporary modifications to Part 1A of the Insolvency (Northern Ireland) Order 1989 in the light of COVID-19.
	As with Schedule 4, Schedule 8 sets out the "relevant period" for the temporary moratorium provisions that will apply to Northern Ireland. The relevant period will begin on the day this Schedule comes into force and end on 30 September 2020. The end date may be shortened or extended by regulations; and may be extended more than once. There is also a power to cease the effect of any of the provisions in the Schedule before the end of the relevant period. These powers are to be exercised by the Department for the Economy in Northern Ireland. The modifications to the Insolvency (Northern Ireland) Order 1989 that are made by Part 2 of the Schedule correspond to those made by Part 2 of Schedule 4.
	Part 3 of this Schedule sets out provisions that will apply pending the necessary amendments being made to the Insolvency Rules (Northern Ireland) 1991. These temporary provisions will cease to have effect at the end of the relevant period (30 September 2020).
	Provision is made about the content and timing of the director’s notice to obtain a moratorium, the proposed monitor’s statement and consent to act (including those of a replacement or additional monitor) and the notices required for a change in the end date of the moratorium. Relevant Rules are applied regarding the format of documents in so far as they are relevant to any requirement imposed by provisions in Part 3 of the Schedule and in relation to the delivery of documents. The requirements for authentication of documents are set out. In respect of applications to the High Court, the provisions of the Insolvency Rules (NI) 1991 apply for the purposes of proceedings under Part 1A of the Insolvency (Northern Ireland) Order 1989 (the moratorium), with certain of those Rules being modified. In addition, Part 3 of the Schedule draws on the relevant Rules (with modifications) to apply the procedures for meetings, voting rights and majority rules when directors are seeking creditors’ consent to extend the moratorium. Part 3 of the Schedule also sets the priority of moratorium debts in a subsequent administration or winding up and sets a time limit on when a challenge can be made to a monitor’s fees by a subsequent administrator or liquidator.
	Part 4 of this Schedule makes provision which is intended to do the same thing for Northern Ireland as Part 5 of Schedule 4 does for England, Wales and Scotland. That is to say, it allows the powers to apply Part 1A of the Insolvency (Northern Ireland) Order 1989 to certain limited liability partnerships and registered societies to also be used to apply the temporary modifications made to that Part by Schedule 8.