The Insolvency (Northern Ireland) Order 1989

[F1INTRODUCTORYN.I.

InterpretationN.I.

1.—(1) In this Schedule—N.I.

“administrative receiver” has the meaning given by Article 5(1),

“administrator” has the meaning given by paragraph 2 and, where the context requires, includes a reference to a former administrator,

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“correspondence” includes correspondence by telephonic or other electronic means,

“creditors' meeting” has the meaning given by paragraph 51,

“enters administration” has the meaning given by paragraph 2,

“floating charge” means a charge which is a floating charge on its creation,

“in administration” has the meaning given by paragraph 2,

“hire-purchase agreement” includes a conditional sale agreement, a chattel leasing agreement and a retention of title agreement,

“holder of a qualifying floating charge” in respect of a company's property has the meaning given by paragraph 15,

“market value” means the amount which would be realised on a sale of property in the open market by a willing vendor,

“the purpose of administration” means an objective specified in paragraph 4, and

“unable to pay its debts” has the meaning given by Article 103.

[F3(1A) In this Schedule, “company” means—

[F4(a)a company registered under the Companies Act 2006 in Northern Ireland,]

(b)a company incorporated in an EEA State F5..., or

(c)a company not incorporated in an EEA State but having its centre of main interests [F6either] in a member State other than Denmark [F7or in the United Kingdom].

(1B) In sub-paragraph (1A), in relation to a company, “centre of main interests” has the same meaning [F8as in Article 3 of the EU Regulation].]

(2) A reference in this Schedule to a thing in writing includes a reference to a thing in electronic form.

(3) In this Schedule a reference to action includes a reference to inaction.

Modifications etc. (not altering text)

[F9Non-UK companiesN.I.

1A.   A company incorporated [F10outside the United Kingdom] that has a principal place of business in England and Wales or Scotland (or both in England and Wales and in Scotland) may not enter administration under this Schedule unless it also has a principal place of business in Northern Ireland.]]N.I.