PART 2SPECIAL ADMINISTRATION REGIME FOR PROTECTED ENERGY COMPANIES

Interpretation of Part 2

C133Interpretation of Part 2

1

In this Part—

  • “the Insolvency Order” means the Insolvency (Northern Ireland) Order 1989 (NI 19);

  • “business”, “member”, “property” and “security” have the same meanings as in Parts 2 to 7 of the Insolvency Order;

  • “company” means—

    1. a

      a company registered under the Companies Act 2006 (c. 46); or

    2. b

      an unregistered company;

  • “energy administration order” has the meaning given by section 17(1);

  • “energy administration rules” means rules made under Article 359 of the Insolvency Order by virtue of section 22(3);

  • “energy administrator” has the meaning given by section 17(2) and is to be construed in accordance with subsection (2) of this section;

  • “non-NI company” means a company incorporated outside Northern Ireland;

  • “objective of the energy administration” is to be construed in accordance with section 18;

  • “protected energy company” has the meaning given by section 17(5);

  • “relevant licence” has the meaning given by section 17(5);

  • “unregistered company” means a company that is not registered under the Companies Act 2006;

  • “wholly-owned subsidiary” has the same meaning as in the Companies Act 2006.

2

In this Part references to the energy administrator of a company—

a

includes (if paragraph 92 or 104 of Schedule B1 to the Insolvency Order are applied by regulations under section 22(1)) references to a person appointed under either of those paragraphs to be the energy administrator of that company; and

b

where two or more persons are appointed to be the energy administrator of that company, are to be construed in accordance with the provision made under section 21(5).

3

References in this Part to a person qualified to act as an insolvency practitioner in relation to a company are to be construed in accordance with Part 12 of the Insolvency Order (insolvency practitioners and their qualifications); but as if references in that Part to a company included references to a company registered under the Companies Act 2006 in Great Britain.

4

For the purposes of this Part an application made to the High Court is outstanding if it—

a

has not yet been granted or dismissed; and

b

has not been withdrawn.

5

For the purposes of subsection (4) an application is not to be taken as having been dismissed if an appeal against the dismissal of the application, or a subsequent appeal, is pending.

6

An appeal shall be treated as pending for the purposes of subsection (5) if—

a

such an appeal has been brought and has been neither determined nor withdrawn;

b

an application for permission to appeal has been made but has not been determined or withdrawn; or

c

no such appeal has been brought and the period for bringing an appeal is still running.

7

References in this Part to Schedule B1 to the Insolvency Order, or to a provision of that Schedule (except the references in subsection (2)), are references to that Schedule or that provision without any modifications made by regulations under section 22(1).