Part 4Special administration regime

Supplementary provisions

I185Interpretation of Part 4

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—

    1. a

      a company registered under the Companies Act 2006, or

    2. 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—

    1. a

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

    2. 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has not been withdrawn.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.