The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009

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).