Commentary on Sections Schedule 29 – Minor and consequential amendments: Northern Ireland Paragraphs 80 to 87 - The Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)
1129.The Insolvency (Northern Ireland) Order 1989 contains various provisions protecting creditors from fraud and attempting to ensure a proper pari passu distribution amongst creditors. These provisions allow certain transactions, including transactions involving close family and other associated persons, entered into by a debtor or company prior to the onset of insolvency proceedings to be undone or adjusted. Paragraph 80 amends the definition of “associate” in the 1989 Order so that the relevant anti-avoidance provisions cover a civil partner in the same way as they would if the civil partner were a spouse.
1130.Paragraphs 81 to 87 amend various articles of the 1989 Order to provide that the civil partner of a debtor or a bankrupt is subject to the same treatment as the spouse of such persons for the purposes of the 1989 Order.