SCHEDULE 1CONSEQUENTIAL AMENDMENTS
Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))106
1
Part 1 of the Insolvency (Northern Ireland) Order 1989 (introductory provisions) is amended as follows.
2
In Article 2(2) (general interpretation: definitions)—
a
before the definition of “business” insert—
“body corporate” includes a body incorporated outside Northern Ireland, but does not include—
- a
a corporation sole, or
- b
a partnership that, whether or not a legal person, is not regarded as a body corporate under the law by which it is governed;
b
omit the definition of “the Companies Order”;
c
after the definition of “EEA state” insert—
“employees’ share scheme” means a scheme for encouraging or facilitating the holding of shares in or debentures of a company by or for the benefit of—
- a
the bona fide employees or former employees of—
- i
the company,
- ii
any subsidiary of the company, or
- iii
the company’s holding company or any subsidiary of the company’s holding company, or
- b
the spouses, civil partners, surviving spouses, surviving civil partners, or minor children or step-children of such employees or former employees;
d
omit the definition of “office copy”.
3
After Article 2(2) insert—
2A
The following expressions have the same meaning in this Order as in the Companies Acts—
“articles”, in relation to a company (see section 18 of the Companies Act 2006);
“debenture” (see section 738 of that Act);
“holding company” (see sections 1159 and 1160 of, and Schedule 6 to, that Act);
“the Joint Stock Companies Acts” (see section 1171 of that Act);
“overseas company” (see section 1044 of that Act);
“paid up” (see section 583 of that Act);
“private company” and “public company” (see section 4 of that Act);
“share” (see section 540 of that Act);
“subsidiary” (see sections 1159 and 1160 of, and Schedule 6 to, that Act).
4
In Article 3(4) (meaning of “act as insolvency practitioner”), for the definition of “company” substitute—
“company” means—
- a
a company registered under the Companies Act 2006 in Northern Ireland, or
- b
a company that may be wound up under Part 6 of this Order (unregistered companies).
5
In Article 4(5)(b) (meaning of “associate”), omit “(within the meaning of the Companies Order)”.
6
In Article 5 (interpretation for Parts 2 to 7)—
a
in paragraph (1), at the appropriate places insert—
“agent” does not include a person’s counsel acting as such;
“books and papers” and “books or papers” includes accounts, deeds, writing and documents;
“document” includes summons, notice, order and other legal process, and registers;
“officer”, in relation to a body corporate, includes a director, manager or secretary;
b
in that paragraph, for the definition of “the registrar” substitute—
“the registrar” means the registrar of companies for Northern Ireland;
c
omit paragraph (2).
7
In the heading preceding Article 12, omit “and the Companies Order”.
8
In Article 12 (meaning of “receiver or manager”), omit “or the Companies Order”.
9
In Article 13 (meaning of “contributory”)—
a
in paragraph (1), omit “and the Companies Order”;
b
omit paragraph (4).