Amendments to rule-making powers
4.—(1) In paragraph (1) of Article 359 (insolvency rules) after “to this Order” insert –
“or the EC Regulation”.
(2) After paragraph (2) of Article 359 insert –
“(2A) For the purposes of paragraph (2), a reference in Schedule 5 or Schedule 6 to doing anything under or for the purposes of a provision of this Order includes a reference to doing anything under or for the purposes of the EC Regulation (in so far as the provision of this Order relates to a matter to which the EC Regulation applies).
(2B) Rules under this Article for the purpose of giving effect to the EC Regulation may not create an offence of a kind referred to in paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972.”.
(3) After paragraph (1) of Article 364 (insolvent partnerships) insert –
“(1A) An order under this Article may make provision in relation to the EC Regulation.
(1B) Provision made by virtue of this Article in relation to the EC Regulation may not create an offence of a kind referred to in paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972.”.
(4) After paragraph (1) of Article 365 (insolvent estates of deceased persons) insert –
“(1A) An order under this Article may make provision in relation to the EC Regulation.
(1B) Provision made by virtue of this Article in relation to the EC Regulation may not create an offence of a kind referred to in paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972.”.