The Insolvent Partnerships (Amendment) Order 2002

Explanatory Note

(This note is not part of the Order)

This Order amends the Insolvent Partnerships Order 1994 (S.I. 1994/2421) (“the 1994 Order”) in the light of Council Regulation (EC) No. 1346/2000 of 29th May 2000 on insolvency proceedings (“the EC Regulation”) which comes into force on 31st May 2002.

The EC Regulation aims to provide for the efficient and effective functioning of cross-border insolvency proceedings in the European Union. Information concerning the EC Regulation is provided in Guidance Notes issued by the Insolvency Service which may be found, together with the text of the EC Regulation, on the Insolvency Service website, the address of which is www.insolvency.gov.uk.

The amendments made by this Order are—

• to provide in the 1994 order that a liquidator appointed in proceedings by virtue of Article 3(1) of the EC Regulation and a temporary administrator (within the meaning of Article 38 of the EC Regulation) are included among those entitled to present a petition or petitions under the order (Articles 3, 4 and 5(4)) (“main proceedings” and “temporary administrator” are defined in the EC Regulation);

• to clarify the scope of the jurisdiction of the courts in England and Wales where the EC Regulation applies (Article 5(1) to (3));

• to substitute the forms in the 1994 Order with forms which require consideration of whether the EC Regulation applies to the proceedings in question (Article 6).