SCHEDULE
PART 2Amendments to the Insolvency Act 1986
16
The Insolvency Act 198612 is amended as follows.
17
In section 1 in subsection (4)13—
a
in paragraph (b) omit “other than the United Kingdom”; and
b
in paragraph (c) for “other than Denmark” substitute “(other than Denmark) or in the United Kingdom”.
18
In section 106 omit subsections (4A) and (4B)14.
19
In section 117 omit subsection (7)15.
20
In section 120 omit subsection (6).
21
In section 124 in subsection (1) omit the words from “or by a member State liquidator” to “Article 52 of the EU Regulation)”16.
22
In section 146 omit subsections (6) and (7)17.
23
Omit section 146A18.
24
1
Section 201 is amended as follows19.
2
In subsection (2) omit—
a
“and any statement under section 106(4B),”; and
b
“(except where subsection (2A) applies)”.
3
Omit subsections (2A) and (2B).
25
1
Section 202 is amended as follows20.
2
Omit subsections (2A) and (2B).
3
In subsection (4) omit “and send any statement under subsection (2B)”.
4
In subsection (5)—
a
omit “and any statement under subsection (2B)”;
b
after “shall forthwith register it” omit “or them”; and
c
omit “(except where subsection (6) applies)”.
5
Omit subsections (6) and (7).
6
In subsection (8) omit “or (7)”.
26
1
Section 205 is amended as follows21.
2
In subsection (2) omit “and any statement under section 146(7) or 146A(2)”.
3
Omit subsections (2A) and (2B).
27
In section 225 omit subsection (2).
28
In section 240 in subsection (3)(d) omit the words from “either following” to “Article 51 of the EU Regulation or”.
29
In section 24722 in subsection (3) omit paragraph (b) and the “, or” preceding it.
30
In section 251 omit the definitions of “EU insolvency proceedings” and “member State liquidator”23.
31
1
Section 263I is amended as follows.
2
In subsection (1)—
a
after paragraph (a) insert—
ab
the centre of the debtor’s main interests is in a member State (other than Denmark) and the debtor has an establishment in England and Wales, or
b
in paragraph (b) omit the words from the beginning of the paragraph to “the EU Regulation, but”.
3
After subsection (4) insert—
5
In this section “establishment” has the same meaning as in Article 2(10) of the EU Regulation.
32
In section 264 in subsection (1) omit paragraphs (ba) and (bb)24.
33
1
Section 265 is amended as follows.
2
In subsection (1)—
a
after paragraph (a) insert—
ab
the centre of the debtor’s main interests is in a member State (other than Denmark) and the debtor has an establishment in England and Wales, or
b
in paragraph (b) omit the words from the beginning of the paragraph to “the EU Regulation, but”.
3
After subsection (4) insert—
5
In this section “establishment” has the same meaning as in Article 2(10) of the EU Regulation.
34
In section 33025 omit subsection (6).
35
In section 38726 in subsection (3)—
a
omit paragraphs (aa) and (ab);
b
in paragraph (b) omit “, (aa) or (ab)”;
c
in paragraph (ba) omit “, (aa), (ab)”;
d
in paragraph (c) omit “, (aa), (ab)”.
36
In section 38827 omit subsection (6).
37
In section 411 in subsection (2B) for the words from “an offence” to the end of the sentence substitute “a new relevant offence”.
38
In section 412 in subsection (2B) for the words from “an offence” to the end of the sentence substitute “a new relevant offence”.
39
In section 420 in subsection (1B) for the words from “an offence” to the end of the sentence substitute “a new relevant offence”.
40
In section 421 in subsection (1B) for the words from “an offence” to the end of the sentence substitute “a new relevant offence”.
41
After section 422 insert—
422AMeaning of “relevant offence”
In this Part “relevant offence” means a criminal offence punishable with imprisonment for more than two years or punishable on summary conviction with imprisonment for more than three months or with a fine of more than level 5 on the standard scale (if not calculated on a daily basis) or with a fine of more than £100 a day.
42
In section 436 in the definition of “the EU Regulation” at the end insert “as it forms part of domestic law on and after exit day”.
43
Omit section 436A28.
44
In Schedule B129—
a
in paragraph 8430—
i
omit sub-paragraphs (1A) and (1B);
ii
in sub-paragraph (3) omit “and any statement under sub-paragraph (1B)” and at the end omit “or them”;
iii
in sub-paragraph (6) omit “(except where sub-paragraph (6A) applies)”;
iv
omit sub-paragraphs (6A) and (6B); and
v
in sub-paragraph (7)(a) and (c) omit “or (6B)”;
b
in paragraph 11131—
i
in sub-paragraph (1A)(b) omit “other than the United Kingdom”; and
ii
in sub-paragraph (1A)(c) for “other than Denmark” substitute “(other than Denmark) or in the United Kingdom”.