The Companies (Northern Ireland) Order 1986 (revoked)

Interpretation of Part VIIF4 N.I.

228.— [F1 (1) In this Part—

• “associated index”, in relation to a register, means the index kept in relation to that register in pursuance of Article 219(6);

• Definition rep. by SI 2001/3649

• “authorised insurance undertaking” means an insurance undertaking which has been authorised in accordance with Article 6 or 23 of Council Directive 73/239/EEC or Article 6 or 27 of Council Directive 79/267/EEC, or is authorised under the law of a member State to carry on insurance business restricted to re-insurance;

• “authorised unit trust scheme” has the same meaning as in[F2 Part 17 of the Financial Services and Markets Act 2000];

• “depositary receipt” means a certificate or other record (whether or not in the form of a document)—

  (a)

  which is issued by or on behalf of a person who holds shares or who holds evidence of the right to receive shares, or has an interest in shares, in a particular company; and

  (b)

  which evidences or acknowledges that another person is entitled to rights in relation to those shares or shares of the same kind, which shall include the right to receive such shares (or evidence of the right to receive such shares) from the person mentioned in paragraph (a);

• [F2 “derivatives” means options and futures in relation to shares;]

• [F2 “EEA authorisation” has the meaning given in paragraph 6 of Schedule 3 to the Financial Services and Markets Act 2000;]

• Definition rep. by SI 2001/3649

• Definition rep. by SR 2004/335

• “listed company” means a company any of the shares in which are officially listed on a relevant stock exchange and “listed” shall be construed accordingly;

• “material interest” shall be construed in accordance with Article 207(2A);

• [F3 “open‐ended investment company” has the same meaning as in the Open‐Ended Investment Companies Regulations (Northern Ireland) 2004;]

• “operator”, in relation to a collective investment scheme, shall be construed in accordance with[F2 section 237(2) of the Financial Services and Markets Act 2000];

• [F2 “recognised clearing house” has the same meaning as in the Financial Services and Markets Act 2000;

• “recognised scheme” has the same meaning as in Part 17 of the Financial Services and Markets Act 2000;]

• “register of interests in shares” means the register kept in pursuance of Article 219 including that part of the register kept in pursuance of Article 221;

• “relevant investment exchange” means an exchange situated or operating in a member State on which derivatives are traded;

• “relevant share capital” has the meaning given by Article 206(2);

• “relevant stock exchange” means a stock exchange situated or operating in a member State

• “UCITS” has the meaning given by Article 207(8)

• “units” has the same meaning as in[F2 section 237(2) of the Financial Services and Markets Act 2000].]

[F2 (1A) References in paragraph (1) to contracts of insurance (of any description), options and futures must be read with—

(a) section 22 of the Financial Services and Markets Act 2000;

(b) any relevant order under that section; and

(c) Schedule 2 to that Act.]

(2) Where the period allowed by any provision of this Part for fulfilling any obligation is expressed as a number of days, any day that is a Saturday or Sunday or a bank holiday is to be disregarded in reckoning that period.

F1 SR 1994/2

F2 SI 2001/3649

F3 SR 2004/335

F4 Order repealed (prosp.) by Companies Act 2006 (c. 46), ss. 1284(2), 1295, 1300(2), Sch. 16 and the repeal being partly in force, as to which see individual Articles (with savings (with adaptations) by Companies Act 2006 (Commencement No. 6, Saving and Commencement Nos. 3 and 5 (Amendment)) Order 2008 (S.I. 2008/674), arts. 2(3), {4}, Sch. 2) and subject to amendments (6.4.2008) by Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1)(b)(2), Sch. 1 paras. 135, 147, 148 {Sch. 2 Note 1} (with arts. 6, 11, 12) and subject to amendments (6.4.2008) by S.R. 2008/133, {regs. 2, 3}