SCHEDULE 1CONSEQUENTIAL AMENDMENTS

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—

    1. a

      a corporation sole, or

    2. 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—

    1. a

      the bona fide employees or former employees of—

      1. i

        the company,

      2. ii

        any subsidiary of the company, or

      3. iii

        the company’s holding company or any subsidiary of the company’s holding company, or

    2. 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—

    1. a

      a company registered under the Companies Act 2006 in Northern Ireland, or

    2. 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).