
1 
These Regulations may be cited as the Insolvency (Northern Ireland) Order 1989 (Amendment) Regulations (Northern Ireland) 2006 and shall come into operation on 3 October 2006.
2 
The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
3 

(1) The Insolvency (Northern Ireland) Order shall be amended as follows.
(2) In Article 2(2) (general interpretation) at the appropriate place, insert—“EEA State” means a state that is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;”.
(3) In Article 14 (company voluntary arrangements: those who may propose an arrangement), for paragraph (4) substitute—“
(4) In this Part “company” means—
(a) a company within the meaning of Article 3(1) of the Companies (Northern Ireland) Order 1986
(b) a company incorporated in an EEA State other than the United Kingdom; or
(c) a company not incorporated in an EEA State but having its centre of main interests in a member State other than Denmark.
(5) In paragraph (4) in relation to a company, “centre of main interests” has the same meaning as in the EC Regulation and, in the absence of proof to the contrary, is presumed to be the place of its registered office (within the meaning of that Regulation).
(6) If a company incorporated outside Northern Ireland has a principal place of business in England and Wales or Scotland (or both in England and Wales and in Scotland), no proposal under this Part shall be made in relation to it unless it also has a principal place of business in Northern Ireland.”.
(4) In paragraph 1 of Schedule B1 (administration)—
(a) in sub-paragraph (1) omit the definition of “company”;
(b) after sub-paragraph (1) insert—“
(1A) In this Schedule, “company” means—
(a) a company within the meaning of Article 3(1) of the Companies (Northern Ireland) Order 1986,
(b) a company incorporated in an EEA State other than the United Kingdom, or
(c) a company not incorporated in an EEA State but having its centre of main interests in a member State other than Denmark.
(1B) In sub-paragraph (1A), in relation to a company, “centre of main interests” has the same meaning as in the EC Regulation and, in the absence of proof to the contrary, is presumed to be the place of its registered office (within the meaning of that Regulation).”;
(5) After paragraph (1) of Schedule B1 insert—“Non-UK companies1A. A company incorporated outside Northern Ireland 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.”.
4 
The provisions of regulation 3 do not affect—
(a) a voluntary arrangement under Part II of the Insolvency (Northern Ireland) Order 1989, or
(b) the appointment of an administrator under Part III of that Orderthat took effect before the date on which these Regulations came into operation.
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 14 September 2006
Michael J Bohill
A senior officer of the
Department of Enterprise, Trade and Investment
