S.I. No. 263/2002 - Company Law Enforcement Act 2001 (Winding-Up and Insolvency Provisions) (Commencement) Order 2002

1. This Order may be cited as the Company Law Enforcement Act 2001 (Winding-up and Insolvency Provisions) (Commencement) Order 2002.

2. The 1st day of June 2002 is fixed as the day on which the following provisions of the

Company Law Enforcement Act 2001

(No. 28 of 2001) shall come into operation -

(a) sections 43 to 46,

(b) sections 48 to 55,

(c) section 56, insofar as it applies to liquidators -

(i) appointed on or after 1 June 2002, or

(ii) appointed on or after 1 July 2001 and before 1 June 2002 where, in respect of the company to which the liquidator was appointed -

(I) an order has not been made under

section 249

(1) of the

Companies Act 1963

, or

(II) the meetings required under section 273(1) of the said Act have not been held,

and

(d) sections 57 and 58.

GIVEN under my Official Seal,

31 May 2002.

____________________________

Mary Harney,

Minister for Enterprise, Trade and Employment.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation)

This Commencement Order appoints 1

st

June 2002 as the day when Part 5, other than section 47, of the

Company Law Enforcement Act, 2001

shall become effective. The Order provides for the commencement of section 56 only in so far as it relates to

(a) liquidators who are appointed on or after 1st June 2002 or

(b) liquidators who were appointed on or after 1 July 2001 and before 1 June 2002, where in respect of the company to which the liquidator was appointed an order has not been made under

section 249

(1) of the

Companies Act 1963

or where the meetings required under

section 273

(1) of the

Companies Act 1963

have not been held.

I, Mary Harney, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by

section 2

of the

Company Law Enforcement Act 2001

(No. 28 of 2001), hereby order as follows