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5. In this Schedule—
(a)“acting as an insolvency practitioner” shall be construed in accordance with section 388 of the Insolvency Act 1986(1) or Article 3 of the Insolvency (Northern Ireland) Order 1989(2);
(b)“partner” includes a member of a limited liability partnership;
(c)“partnership” includes a limited liability partnership and a partnership constituted under the law of a country or a territory outside the United Kingdom;
(d)a reference to “a receiver, or a receiver or manager, of the property of a company or other body corporate” includes a receiver, or (as the case may be) a receiver or manager, of part only of that property;
(e)a person able, directly or indirectly to control or materially to influence the operating and financial policy of another person shall be treated as having control of that other person; and
(f)a body corporate is in the same group as another body corporate if it is a parent or subsidiary of that body corporate, or a subsidiary of a parent of that body corporate.
1986 c.45; section 388 has been amended by section 4(2)(a) to (c) of the Insolvency Act 2000 (c.39), by section 11(1) of the Bankruptcy (Scotland) Act 1993 (c.6) and by S.I. 1994/2421, 2002/1240 and 2002/2708.
S.I. 1989/2405 (N.I. 19); Article 3 has been amended by Article 6(1)(a) to (c) of the Insolvency (Northern Ireland) Order 2002 (S.I. 2002/3152 (N.I. 6); and by S.R. 1995/225, 2002/334 and 2003/550.
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