IntroductoryN.I.

InterpretationN.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

(2) In this Order—

• “administrative receiver” has the meaning given by Article 5(1) of [F1the Insolvency (Northern Ireland) Order 1989];

• [F2 “ CMA ” means the Competition and Markets Authority; ]

• [F3 “ company ” means—

  (a)

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

  (b)

  a company that may be wound up under Part 6 of the Insolvency (Northern Ireland) Order 1989 (unregistered companies);]

• [F4 “ the Companies Acts ” has the meaning given by section 2(1) of the Companies Act 2006; ]

• [F5 “ the Companies Acts ” has the meaning given in section 2 of the Companies Act 2006;  ]

• F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the Department” means the Department of Enterprise, Trade and Investment;

• [F9 “ director ” includes any person occupying the position of director by whatever name called; ]

• F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F11 “ officer ” has the same meaning as in the Companies Acts (see section 1173(1) of the Companies Act 2006); ]

• “the official receiver” means, in relation to the winding up of a company or the bankruptcy of an individual, any officer of the Department who by virtue of Article 355 or 357 of [F12the Insolvency (Northern Ireland) Order 1989] is authorised to act as the official receiver in relation to that winding up or bankruptcy;

• F13...

• [F14“overseas company” is a company which is incorporated or formed outside Northern Ireland;]

• “prescribed” means prescribed by regulations;

• [F15 “ the registrar ” means the registrar of companies for Northern Ireland; ]

• [F16“regulations”, except in Articles 13D and 25D, means regulations made by the Department subject (except in Article 23(3)) to negative resolution;]

• “shadow director”, in relation to a company, means a person in accordance with whose directions or instructions the directors of the company are accustomed to act [F17, but so that a person is not deemed a shadow director by reason only that the directors act—

  (a)

  on advice given by that person in a professional capacity;

  (b)

  in accordance with instructions, a direction, guidance or advice given by that person in the exercise of a function conferred by or under a statutory provision;

  (c)

  in accordance with guidance or advice given by that person in that person's capacity as a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975)];

• “statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).

(3) Article 6 of [F18the Insolvency (Northern Ireland) Order 1989] (interpretation for Parts II to VII of that Order) applies as regards references to a company's insolvency and to its going into liquidation; and references to acting as an insolvency practitioner are to be read in accordance with Article 3 of that Order.

[F19( 4 ) Any reference to provisions, or a particular provision, of the Companies Acts or the Insolvency (Northern Ireland) Order 1989 includes the corresponding provisions or provision of corresponding earlier legislation.]

[F20( 5 ) Subject to the provisions of this Article, expressions that are defined for the purposes of the Companies Acts [F21(see section 1174 of, and Schedule 8 to, the Companies Act 2006)] have the same meaning in this Order.]

(6) Any reference to acting as receiver—

(a)includes acting as manager or as both receiver and manager, but

(b)does not include acting as administrative receiver.