Postal Services Act 2011 (c. 5)

Part 4 U.K. Special administration regime

Supplementary provisions U.K.

85 Interpretation of Part 4 U.K.

(1) In this Part—

• “the 1986 Act” means the Insolvency Act 1986,

• “business”, “member”, “property” and “security” have the same meaning as in the 1986 Act,

• “company” means—

  (a)

  a company registered under the Companies Act 2006, or

  (b)

  an unregistered company,

• “the court”, in relation to a company, means the court having jurisdiction to wind up the company,

• “foreign company” means a company incorporated outside the United Kingdom,

• “objective of the postal administration” is to be read in accordance with section 69,

• “postal administration order” has the meaning given by section 68(1),

• “postal administration rules” means rules made under section 411 of the 1986 Act as a result of section 73 above,

• “postal administrator” has the meaning given by section 68(2) and is to be read in accordance with subsection (3) below,

• “Scottish firm” means a firm constituted under the law of Scotland,

• “UK affairs, business and property”, in relation to a company, means—

  (a)

  its affairs and business so far as carried on in the United Kingdom, and

  (b)

  its property in the United Kingdom, and

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

(2) Any expression which is used in this Part and in Part 3 has the same meaning in this Part as in that Part.

(3) In this Part references to the postal administrator of a company—

(a) include a person appointed under paragraph 91 or 103 of Schedule B1 to the 1986 Act, as applied by Part 1 of Schedule 10 to this Act, to be the postal administrator of the company, and

(b) if two or more persons are appointed as the postal administrator of the company, are to be read in accordance with the provision made under section 72(5).

(4) References in this Part to a person qualified to act as an insolvency practitioner in relation to a company are to be read in accordance with Part 13 of the 1986 Act, but as if references in that Part to a company included a company registered under the Companies Act 2006 in Northern Ireland.

(5) For the purposes of this Part an application made to the court is outstanding if it—

(a) has not yet been granted or dismissed, and

(b) has not been withdrawn.

(6) 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.

(7) An appeal is to be treated as pending for this purpose if—

(a) an appeal has been brought and has not been determined or withdrawn,

(b) an application for permission to appeal has been made but has not been determined or withdrawn, or

(c) no appeal has been brought and the period for bringing one is still running.

(8) References in this Part to Schedule B1 to the 1986 Act, or to a provision of that Schedule (except the references in subsection (2) above), are to that Schedule or that provision without the modifications made by Part 1 of Schedule 10 to this Act.

Commencement Information

I1 S. 85 in force at 1.10.2011 by S.I. 2011/2329, art. 3