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The Insolvency (Northern Ireland) Order 1989
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The Insolvency (Northern Ireland) Order 1989, INTRODUCTORY is up to date with all changes known to be in force on or before 05 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1INTRODUCTORYN.I.
F1Sch. B1 inserted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 3(2), Sch. 1 (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2-7)
InterpretationN.I.
1.—(1) In this Schedule—N.I.
“administrative receiver” has the meaning given by Article 5(1),
“administrator” has the meaning given by paragraph 2 and, where the context requires, includes a reference to a former administrator,
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“correspondence” includes correspondence by telephonic or other electronic means,
“creditors' meeting” has the meaning given by paragraph 51,
“enters administration” has the meaning given by paragraph 2,
“floating charge” means a charge which is a floating charge on its creation,
“in administration” has the meaning given by paragraph 2,
“hire-purchase agreement” includes a conditional sale agreement, a chattel leasing agreement and a retention of title agreement,
“holder of a qualifying floating charge” in respect of a company's property has the meaning given by paragraph 15,
“market value” means the amount which would be realised on a sale of property in the open market by a willing vendor,
“the purpose of administration” means an objective specified in paragraph 4, and
“unable to pay its debts” has the meaning given by Article 103.
[F3(1A) In this Schedule, “company” means—
[F4(a)a company registered under the Companies Act 2006 in Northern Ireland,]
(b)a company incorporated in an EEA State F5..., or
(c)a company not incorporated in an EEA State but having its centre of main interests [F6either] in a member State other than Denmark [F7or in the United Kingdom].
(1B) In sub-paragraph (1A), in relation to a company, “centre of main interests” has the same meaning [F8as in Article 3 of the EU Regulation].]
(2) A reference in this Schedule to a thing in writing includes a reference to a thing in electronic form.
(3) In this Schedule a reference to action includes a reference to inaction.
F2Sch. B1 para. 1(1): definition of "company" omitted (18.10. 2006) by virtue of Insolvency (Northern Ireland) Order 1989 (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/370), reg. 3(4)(a) (with reg. 4)
F3Sch. B1 para. 1(1A)(1B) inserted (18.10.2006) by Insolvency (Northern Ireland) Order 1989 (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/370), reg. 3(4)(b) (with reg. 4)
F4Sch. B1 para. 1(1A)(a) substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), arts. 2(1), 8, Sch. 1 para. 108 (with art. 10)
F5Words in Sch. B1 para. 1(1A)(b) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 185(a)(i) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F6Word in Sch. B1 para. 1(1A)(c) inserted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 185(a)(ii) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Sch. B1 para. 1(1A)(c) inserted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 185(a)(ii) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Sch. B1 para. 1(1B) substituted (26.6.2017) by The Insolvency Amendment (EU 2015/848) Regulations 2017 (S.I. 2017/702), reg. 1, Sch. para. 120 (with reg. 3)
Modifications etc. (not altering text)
C1Sch. B1 para. 1 applied (with modifications) (4.1.2024) by S.I. 2021/716, reg. 37A (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 12)
C2Sch. B1 applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 2A para. 6 (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), reg. 1(2), Sch. 2)
[F9Non-UK companiesN.I.
F9Sch. B1 para. 1A inserted (18.10.2006) by Insolvency (Northern Ireland) Order 1989 (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/370), reg. 3(5) (with reg. 4)
1A. A company incorporated [F10outside the United Kingdom] that has a principal place of business in England and Wales or Scotland (or both in England and Wales and in Scotland) may not enter administration under this Schedule unless it also has a principal place of business in Northern Ireland.]]N.I.
F10Words in Sch. B1 para. 1A substituted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 28(2), Sch. 3 para. 18; S.R. 2016/203, art. 2
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