Article 2 Construction and interpretation

In these Rules—

• “the 1989 Order” means the Insolvency (Northern Ireland) Order 1989^f1;

• “the 2011 Act” means the Postal Services Act 2011^f2;

• “administrative receiver” has the same meaning as in section 70(4) of the 2011 Act;

• “the appropriate fee” has the meaning given in Rule 192;

• “authorised deposit-taker and former authorised deposit-taker” has the meaning given in Rule 193;

• “the Companies Act” means the Companies Act 2006^f3;

• “debt” has the meaning given in Rule 195;

• “the Department” means the Department for the Economy;

• “insolvency proceedings” has the same meaning as in Rule 0.2 of the Insolvency Rules (Northern Ireland) 1991^f4;

• “the Insolvency Rules” means the Insolvency Rules (Northern Ireland)1991;

• “OFCOM” means the Office of Communications;

• “petitioner” has the meaning given in Rule 196;

• “pre-postal administration costs” are—

  1. (a)

     fees charged, and

  2. (b)

     expenses incurred,

  by the postal administrator, or another person qualified to act as an insolvency practitioner, before the company entered postal administration but with a view to its doing so;

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

• “the Rules” means the Postal Administration Rules (Northern Ireland) 2021;

• “the Rules of the Court of Judicature” means the Rules of the Court of Judicature (Northern Ireland) 1980^f5;

• “unpaid pre-postal administration costs” are pre-postal administration costs which had not been paid when the company entered postal administration; and

• “venue” has the meaning given in Rule 197.

References in the Rules to ex parte hearings shall be construed as references to hearings without notice being served on any other party; references to applications made ex parte as references to applications made without notice being served on any other party and other references which include the expression “ex parte” shall be similarly construed.

References to a numbered paragraph shall, unless otherwise stated, be to the paragraph so numbered in Schedule B1^f6 to the 1989 Order as modified and applied by Schedule 10 to the 2011 Act.

References to other provisions of the 1989 Order are, where those provisions have been modified by Schedule 10 to the 2011 Act, references to those provisions as so modified.

Where the universal service provider is a foreign company within the meaning of section 85 of the 2011 Act, references in the Rules to the affairs, business and property of the company are references only to its affairs and business so far as carried on in the United Kingdom and to its property in the United Kingdom unless otherwise stated.

Where the universal service provider is an unregistered company, any requirement to send information to the registrar applies only if the company is subject to a requirement imposed by virtue of section 1043 or 1046 of the Companies Act.

Subject to paragraphs (1) to (6) of this Rule, Part 16 of the Rules has effect for their interpretation and application.