The Insolvency (Miscellaneous Amendments) Regulations 2017

Regulation 2

SCHEDULE 5 AMENDMENTS ARISING FROM REGULATION (EU) 2015/848 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 20 MAY 2015

The Cross-Border Insolvency Regulations 2006

1.—(1) The Cross-Border Insolvency Regulations 2006(1) are amended as follows.

(2) In Schedule 1, in the title and words of article 3, for “EC Insolvency Regulation” substitute “EU Insolvency Regulation” wherever it occurs.

(3) Schedule 2 is amended as follows.

(a) In paragraph 1(1), in the definition of “secondary proceedings”—

(i) for “Articles 3(2) and 3(3) of the EC Insolvency Regulation” substitute “Articles 3(2) and 3(3) of the EU Insolvency Regulation”.

(ii) for “winding up proceedings in Article 2(c) of the EC Insolvency Regulation” substitute “insolvency proceedings in Article 2(4) of the EU Insolvency Regulation”.

(b) In paragraph 1(1), in the definition of “territorial proceedings”—

(i) for “Articles 3(2) and 3(4) of the EC Insolvency Regulation” substitute “Articles 3(2) and 3(4) of the EU Insolvency Regulation”.

(ii) for “Article 2(a) of the EC Insolvency Regulation” substitute “Article 2(4) of the EU Insolvency Regulation”.

(c) In paragraph 4(2), for “EC Insolvency Regulation” substitute “EU Insolvency Regulation”.

(d) In paragraph 6(2)(b), for “EC Insolvency Regulation” substitute “EU Insolvency Regulation”.

The Regulated Covered Bonds Regulations 2008

2.—(1) The Regulated Covered Bonds Regulations 2008(2) are amended as follows.

(2) In regulation 1(2) (Citation, commencement and interpretation) in the definition of “centre of main interests” for “Regulation (EU) 2015/848 of the European Parliament and of the Council of 29 May 2000 on insolvency proceedings” substitute “Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings(3).”

(1)

S.I. 2006/1030, amended by S.I. 2017/702; there are other amending instruments but none is relevant.

(2)

S.I. 2008/346, amended by S.I. 2017/702; there are other amending instruments but none is relevant.

(3)

OJEU L.141 of 5 June 2015 p.19.