Companies Act 2014
Interpretation (Part 10)
508. (1) In this Part—
“court” shall be read in accordance with section 509(7);
“director” includes a shadow director;
“examiner” means an examiner appointed under section 509;
“independent expert” shall be read in accordance with section 511(2);
“insurer” has the same meaning as it has in the Insurance Act 1989;
“interested party”, in relation to a company to which section 509 relates, means—
(a) a creditor of the company, or
(b) a member of the company;
F272["Preventive Restructuring Directive" means Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 20192 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132;]
“petition” means a petition referred to in section 509(1) (and, for the purposes of the Circuit Court’s jurisdiction under this Part, “petition” includes any originating process specified by rules of court for those purposes) and references to the presentation of a petition are references to its presentation under section 509(1).
F272[(1A) A word or expression that is used in Chapter 2 or 7 of Part 5, this Part or Part 11 and that is also used in the Preventive Restructuring Directive shall have the same meaning in Chapter 2 or 7 of Part 5, this Part or Part 11, as the case may be, as it has in the Preventive Restructuring Directive.]
(2) This Part is subject to the Insolvency Regulation.
(3) The provisions of Chapter 15 of Part 11 apply to proceedings under this Part with the substitution of references to “examiner” for references to “liquidator” and any other necessary modifications.
Inserted (27.07.2022) by European Union (Preventive Restructuring) Regulations 2022 (S.I. No. 380 of 2022) reg. 8(a), (b), subject to restriction on application in reg. 3.
Modifications (not altering text):
Application of Part modified (1.01.2022) by Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019), s. 56(1), (2)(a), S.I. No. 728 of 2021.
Examinership: modification of Part 10 of Act of 2014 for purposes of application to AHBs
56. (1) For the purposes of the application of Part 10 of the Act of 2014 to a company that is an AHB, that Part shall apply to such a company subject to the modifications specified in subsection (2) and any other modifications necessary for those purposes.
(2) The modifications referred to in subsection (1) are that—
(a) in section 508(1), the following definitions are inserted:
"approved housing body", "dwelling2 and "Regulator" have the meanings given to them, respectively, by section 2 of the Housing (Regulation of Approved Housing Bodies) Act 2019;