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The Insolvency (Northern Ireland) Order 1989, Section 5 is up to date with all changes known to be in force on or before 07 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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5.—(1 )F1 In [F2Parts 1A to 7]—
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“administrative receiver” means—
a receiver or manager of the whole (or substantially the whole) of a company's property appointed by or on behalf of the holders of any debentures of the company secured by a charge which, as created, was a floating charge, or by such a charge and one or more other securities; or
a person who would be such a receiver or manager but for the appointment of some other person as the receiver of part of the company's property;
[F4“agent” does not include a person's counsel acting as such;]
[F5“books and papers” and “books or papers” includes accounts, deeds, writing and documents;]
“business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971F6;
“chattel leasing agreement” means an agreement for the bailment of goods which is capable of subsisting for more than 3 months;
“debt”, in relation to the winding up of a company [F7or where a company is in administration], means (subject to [F8Article 2(3A)] ) any of the following—
“director” includes any person occupying the position of director, by whatever name called;
[F13“document” includes summons, notice, order and other legal process, and registers;]
“floating charge” means a charge which, as created, was a floating charge;
F14...
[F15“officer”, in relation to a body corporate, includes a director, manager or secretary;]
“the official rate”, in relation to interest, means the rate payable under Article 160(4);
[F16“the registrar” means the registrar of companies for Northern Ireland;]
“a resolution for voluntary winding up” means a resolution passed under [F17either of the sub-paragraphs] of Article 70(1);
“retention of title agreement” means an agreement for the sale of goods to a company being an agreement—
which does not constitute a charge on the goods, but
under which, if the seller is not paid and the company is wound up, the seller will have priority over all other creditors of the company as respects the goods or any property representing the goods;
“secured creditor”, in relation to a company, means a creditor of the company who holds in respect of his debt a security over property of the company, and“unsecured creditor” is to be read accordingly;
“security” means any mortgage, charge, lien or other security;
“shadow director”, in relation to a company, means a person in accordance with whose directions or instructions the directors of the company are accustomed to act [F18, but so that a person is not deemed a shadow director by reason only that the directors act—
on advice given by that person in a professional capacity;
in accordance with instructions, a direction, guidance or advice given by that person in the exercise of a function conferred by or under a statutory provision;
in accordance with guidance or advice given by that person in that person's capacity as a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975)];
“supervisor” means a person acting as defined in Article 20(2);
“voluntary arrangement” means an arrangement as defined in Article 14(1).
[F19(1A) For the purposes of the definition of “debt” in paragraph (1), “the relevant date” means—
(a)in the case of a winding up which was not immediately preceded by an administration, the date on which the company went into liquidation;
(b)in the case of a winding up which was immediately preceded by an administration, the date on which the company entered administration;
(c)in the case of an administration which was not immediately preceded by a winding up, the date on which the company entered administration;
(d)in the case of an administration which was immediately preceded by a winding up, the date on which the company went into liquidation.]
(2) F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1mod. by SR 2004/307
F2Words in art. 5(1) substituted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 7 para. 2 (with ss. 2(2), 5(2))
F3Art. 5(1): definitions of "administrator" and "administration order" repealed (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 3(3), 31, Sch. 2 para. 19, Sch. 9 (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2-7)
F4Art. 5(1): definition of "agent" inserted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), arts. 2(1), 8, Sch. 1 para. 106(6)(a) (with art. 10)
F5Art. 5(1): definition of "books and papers" and "books or papers" inserted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), arts. 2(1), 8, Sch. 1 para. 106(6)(a) (with art. 10)
F7Words in art. 5(1) in the definition of "debt" inserted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (Minor and Consequential Amendments) Order (Northern Ireland) 2006 (S.R. 2006/61), art. 2, Sch. para. 3(a) (with art. 4)
F8Words in art. 5(1) substituted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 9(3)(a), 28(2) (with Sch. 2 paras. 6-10); S.R. 2016/203, art. 2
F9Words in art. 5(1) substituted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 9(3)(b), 28(2) (with Sch. 2 paras. 6-10); S.R. 2016/203, art. 2
F10Words in art. 5(1) substituted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 9(3)(c), 28(2) (with Sch. 2 paras. 6-10); S.R. 2016/203, art. 2
F11Words in art. 5(1)(c) in the definition of "debt" inserted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (Minor and Consequential Amendments) Order (Northern Ireland) 2006 (S.R. 2006/61), art. 2, Sch. para. 3(c) (with art. 4)
F12Words in art. 5(1) substituted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 9(3)(d), 28(2) (with Sch. 2 paras. 6-10); S.R. 2016/203, art. 2
F13Art. 5(1): definition of "document" inserted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), arts. 2(1), 8, Sch. 1 para. 106(6)(a) (with art. 10)
F14Words in art. 5(1) repealed (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 28(2), Sch. 4; S.R. 2016/203, art. 2
F15Art. 5(1): definition of "officer" inserted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), arts. 2(1), 8, Sch. 1 para. 106(6)(a) (with art. 10)
F16Art. 5(1): definition of "the registrar" substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), arts. 2(1), 8, Sch. 1 para. 106(6)(b) (with art. 10)
F17Words in art. 5(1) in definition of "a resolution for voluntary winding up" substituted (1.10.2007) by Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3)(a), 10(1), Sch. 4 para. 56(2) (with art. 12)
F18Words in art. 5(1) substituted (26.5.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 91(1), 164(3)(g)(iii)
F19Art. 5(1A) inserted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 9(4), 28(2) (with Sch. 2 paras. 6-10); S.R. 2016/203, art. 2
F20Art. 5(2) omitted (1.10.2009) by virtue of Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), arts. 2(1), 8, Sch. 1 para. 106(6)(c) (with art. 10)
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