Corporate Insolvency and Governance Act 2020 (c. 12)

Power to amend corporate insolvency or governance legislation: Northern Ireland N.I.

36 Interpretation N.I.

(1) In sections 28 to 35 and this section—

• “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

• “corporate insolvency or governance legislation” means—

  (a)

  the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), except so far as relating to the insolvency or bankruptcy of individuals,

  (b)

  Part 26A of the Companies Act 2006 (arrangements and reconstructions for companies in financial difficulty),

  (c)

  the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4)),

  (d)

  this Act,

  (e)

  any statutory provision made under the enactments specified in paragraphs (a) to (d),

  (f)

  the Cross-Border Insolvency Regulations (Northern Ireland) 2007 (S.R. (N.I.) 2007/115), and

  (g)

  after IP completion day, Regulation (EU) 2015/848 on insolvency proceedings;

• “corporate insolvency or restructuring procedure” means—

  (a)

  a moratorium under Part 1A of the Insolvency (Northern Ireland) Order 1989;

  (b)

  a company voluntary arrangement under Part 2 of that Order (including a moratorium under Article 14A of that Order in a case where such a moratorium applies after the coming into force of paragraph 26 of Schedule 7);

  (c)

  administration under Part 3 of that Order;

  (d)

  receivership to which Part 4 of that Order applies;

  (e)

  winding up under Part 5 or 6 of that Order;

  (f)

  the procedure provided for by Part 26A of the Companies Act 2006;

• “the Department” means the Department for the Economy in Northern Ireland;

• “person with corporate responsibility” means—

  (a)

  in relation to a company, a director, manager, secretary or other officer of the body,

  (b)

  in relation to a partnership or limited liability partnership, a partner or member, and

  (c)

  in relation to any other entity, a person with responsibility for managing the entity;

• “relevant authority” has the meaning given by section 28(4);

• “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

(2) References to an enactment in subsection (1) include in particular that enactment as applied by any other enactment, with or without modifications, to partnerships, limited liability partnerships or other entities.

(3) In this section “enactment” includes an enactment contained in Northern Ireland legislation or an instrument made under Northern Ireland legislation.