The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Article 2. Definitions

For the purpose of this Law—

(a) “the court” means the High Court of Justice in Northern Ireland (Chancery Division) exercising its jurisdiction in accordance with the provisions of Article 4 and in respect of administrative functions includes the Bankruptcy and Companies office;

(b) “the EC Insolvency Regulation” means Council Regulation (EC) No. 1346/2000 of 29 May 2000 on Insolvency Proceedings(1);

(c) “establishment” means any place of operations where the debtor carries out a non-transitory economic activity with human means and assets or services;

(d) “execution” means enforcement of a judgement or order under the Judgments Enforcement (Northern Ireland) Order 1981(2);

(e) “foreign court” means a judicial or other authority competent to control or supervise a foreign proceeding;

(f) “foreign main proceeding” means a foreign proceeding taking place in the State where the debtor has the centre of its main interests;

(g) “foreign non-main proceeding” means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of sub-paragraph (c) of this article;

(h) “foreign proceeding” means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceedings the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganisation or liquidation;

(i) “foreign representative” means a person or body, including one appointed on an interim basis, authorised in a foreign proceeding to administer the reorganisation or the liquidation of the debtor’s assets or affairs or to act as a representative of the foreign proceeding;

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

(k) “Northern Ireland insolvency law” means provision made by or under the Insolvency (Northern Ireland) Order 1989(3) (with the exception of Part 4 of that Order) or by or under that Order as extended or applied by or under any other statutory provision (excluding these Regulations);

(l) “Northern Ireland insolvency officeholder” means—

(i) the official receiver within the meaning of Article 355 of the Insolvency (Northern Ireland) Order 1989 when acting as liquidator, provisional liquidator, trustee, interim receiver or nominee or supervisor of a voluntary arrangement; and

(ii) a person acting as an insolvency practitioner within the meaning of Article 3(4) of that Order but shall not include a person acting as an administrative receiver

(m) “section 426 request” means a request for assistance in accordance with section 426 of the Insolvency Act 1986(5) made to a court in any part of the United Kingdom;

(n) “secured creditor” in relation to a debtor, means a creditor of the debtor who holds in respect of his debt a security over property of the debtor;

(o) “security” means any mortgage, charge, lien or other security

(1)

Council Regulation (EC) 1346/2000, OJ No. L160, 30.06.00 p.1

(2)

S.I.1981/226 (N.I.6)

(3)

S.I. 1989/2405 (N.I. 19)

(4)

Article 3 was amended by Article 6 of S.I. 2002/3152 (N.I. 6), and by S.R. 2002 No. 334 and modified by S.R. 1995 No. 225, S.R. 2003 No. 550 and S.R. 2004 No. 307

(5)

1986 c.45; section 426 was amended by paragraph 16 of Schedule 4 to the Insolvency Act 2000 (c.39)