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The Insolvency (Amendment) Rules (Northern Ireland) 2002

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Amendments to the Insolvency Rules (Northern Ireland) 1991 in relation to the Introductory Provisions

4.  In Rule 0.2 (interpretation) insert – after the definition of “business day” –

  • “Centre of main interests” has the same meaning as in the EC Regulation;;

after the definition of “the court” –

  • “Establishment” has the meaning given by Article 2(h) of the EC Regulation;;

after the definition of “the Judge” –

  • “Main proceedings” means proceedings opened in accordance with Article 3(1) of the EC Regulation and falling within the definition of insolvency proceedings in Article 2(a) of the EC Regulation, and

    (a)

    in relation to Northern Ireland, set out in Annex A to the EC Regulation under the heading “United Kingdom”, and

    (b)

    in relation to another member State, set out in Annex A to the EC Regulation under the heading relating to that member State;;

after the definition of “Master” –

“Member State liquidator” means a person falling within the definition of liquidator in Article 2(b) of the EC Regulation appointed in proceedings to which it applies in a member State other than the United Kingdom.;;

after the definition of “sealed” –

  • “Secondary proceedings” means proceedings opened in accordance with Articles 3(2) and 3(3) of the EC Regulation and falling within the definition of winding-up proceedings in Article 2(c) of the EC Regulation, and

    (a)

    in relation to Northern Ireland, set out in Annex B to the EC Regulation under the heading “United Kingdom”, and

    (b)

    in relation to another member State, set out in Annex B to the EC Regulation under the heading relating to that member State;;

after the definition of “Taxing Master” –

“Temporary administrator” means a temporary administrator referred to by Article 38 of the EC Regulation;;

  • “Territorial proceedings” means proceedings opened in accordance with Articles 3(2) and 3(4) of the EC Regulation and falling within the definition of insolvency proceedings in Article 2(a) of the EC Regulation, and

    (a)

    in relation to Northern Ireland, set out in Annex A to the EC Regulation under the heading “United Kingdom”, and

    (b)

    in relation to another member State, set out in Annex A to the EC Regulation under the heading relating to that member State..

[E.R. 10(7)]

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