The Insolvency Amendment (EU 2015/848) Regulations 2017

Cross-Border Insolvency Regulations 2006

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

(2) In Schedule 1 (Uncitral Model Law on Cross-border Insolvency) in Article 2 (Definitions) for paragraph (d) substitute—

““the EU Insolvency Regulation” means Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015”.

(3) In Schedule 2 (procedural matters in England and Wales) in paragraph 1(1) (interpretation)—

(a) in the definition of “main proceedings” for “EC Insolvency Regulation” in each place where it occurs substitute “EU Insolvency Regulation” and for “Article 2(a)” substitute “Article 2(4)”;

(b) for the definition of “member state liquidator” substitute—

““member State liquidator” means a person falling within the definition of “insolvency practitioner” in Article 2(5) of the EU Insolvency Regulation appointed in proceedings to which the Regulation applies in a member State other than the United Kingdom;”.

(4) In Schedule 3 (procedural matters in Scotland) in paragraph 1(1) (interpretation)—

(a) in the definition of “main proceedings” for “EC Insolvency Regulation” in each place where it occurs substitute “EU Insolvency Regulation” and for “Article 2(a)” substitute “Article 2(4)”;

(b) for the definition of “member state liquidator” substitute—

““member State liquidator” means a person falling within the definition of “insolvency practitioner” in Article 2(5) of the EU Insolvency Regulation appointed in proceedings to which the Regulation applies in a member State other than the United Kingdom;”.

(1)

S.I. 2006/1030.