The Company Directors Disqualification (Northern Ireland) Order 2002

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

(2) In this Order—

• “administrative receiver” has the meaning given by Article 5(1) of the Insolvency Order;

• “company”

  (a)

  includes a company within the meaning of the Companies Act 1985 (c. 6);

  (b)

  includes any company which may be wound up under Part VI of the Insolvency Order or Part V of the Insolvency Act 1986 (c. 45); and

  (c)

  except in Article 11, includes a building society within the meaning of the Building Societies Act 1986 (c. 53);

• “the companies legislation”, in Articles 6(1) and 8(1) means the Companies Orders (except Part V of the Criminal Justice Act 1993 (c. 36) (insider dealing)) and Parts II to VII and Articles 359, 360, 361 and 362 of the Insolvency Order;

• “the Companies Order” means the Companies (Northern Ireland) Order 1986 (NI 6);

• “the Companies Orders” has the meaning given by Article 2(3) of the Companies Order;

• “the Department” means the Department of Enterprise, Trade and Investment;

• “director”

  (a)

  includes any person occupying the position of director by whatever name called; and

  (b)

  in Articles 9, 10, 13 and 19, includes a director (but not a shadow director) of a building society;

• “the Insolvency Order” means the Insolvency (Northern Ireland) Order 1989;

• “officer” has the meaning given by Article 2(3) of the Companies Order;

• “the official receiver” means, in relation to the winding up of a company or the bankruptcy of an individual, any officer of the Department who by virtue of Article 355 or 357 of the Insolvency Order is authorised to act as the official receiver in relation to that winding up or bankruptcy;

• [F1 “the OFT” means the Office of Fair Trading;]

• “prescribed” means prescribed by regulations;

• “the registrar” means the registrar of companies appointed under Article 653 of the Companies Order and, for the purposes of this Order, includes an assistant registrar;

• [F2 “regulations” means—

  (a)

  in Article 13D, regulations made by the Secretary of State, and

  (b)

  in other provisions of this Order, regulations made by the Department subject (except in Article 23(3)) to negative resolution;]

• “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 (but so that a person is not deemed a shadow director by reason only that the directors act on advice given by him in a professional capacity);

• “statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).

(3) Article 6 of the Insolvency Order (interpretation for Parts II to VII of that Order) applies as regards references to a company's insolvency and to its going into liquidation; and references to acting as an insolvency practitioner are to be read in accordance with Article 3 of that Order.

(4) Any reference to provisions, or a particular provision, of the Companies Orders or the Insolvency Order includes the corresponding provisions or provision of the former Companies Acts (as defined by Article 2(3) of the Companies Order, but including also that Order itself).

(5) Any expression for whose interpretation provision is made by Part I of the Companies Order (and not by paragraphs (2) to (4)) is to be construed in accordance with that provision.

(6) Any reference to acting as receiver—

(a) includes acting as manager or as both receiver and manager, but

(b) does not include acting as administrative receiver.

F1 2005 NI 9

F2 2005 NI 9