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Regulation 2

SCHEDULEU.K.

This schedule has no associated Explanatory Memorandum

PART 1U.K.Amendment of retained direct EU legislation

Amendments to the EU Insolvency RegulationU.K.

1.  Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings is amended as follows.

Commencement Information

I1Sch. para. 1 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

2.—(1) Article 1 is amended as follows.U.K.

(2) For the heading substitute “ Application and jurisdiction ”.

(3) For paragraph 1 substitute—

1.  The grounds for jurisdiction to open insolvency proceedings set out in paragraph 1B are in addition to any grounds for jurisdiction to open such proceedings which apply in the laws of any part of the United Kingdom.

1A.  There is jurisdiction to open insolvency proceedings listed in paragraph 1B where the proceedings are opened for the purposes of rescue, adjustment of debt, reorganisation or liquidation and—

(a)the centre of the debtor's main interests is in the United Kingdom; or

(b)the centre of the debtor's main interests is in a Member State and there is an establishment in the United Kingdom.

1B.  The proceedings referred to in paragraph 1 are—

(a)winding up by or subject to the supervision of the court;

(b)creditors' voluntary winding up with confirmation by the court;

(c)administration, including appointments made by filing prescribed documents with the court;

(d)voluntary arrangements under insolvency legislation; and

(e)bankruptcy or sequestration..

(4) In paragraph 2 for “Directive 2001/24/EC” substitute “ the Credit Institutions (Reorganisation and Winding up) Regulations 2004 ”.F1

F1S.I. 2004/1045. There are amending instruments but none is relevant to this instrument.

Commencement Information

I2Sch. para. 2 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

3.  In Article 2—U.K.

(a)insert the following paragraph—

(1A) Member State” means a state which is a member of the EU other than    Denmark;;

(b)omit paragraphs (1) and (3);

(c)in paragraph (4) for “listed in Annex A” substitute “ listed in Article 1(1B) which there is jurisdiction to open under Article 1(1A) and includes interim proceedings ”;

(d)in paragraph (6)—

(i)omit point (i); and

(ii)in point (ii) omit “in all other articles,” and “of a Member State”;

(e)omit paragraph (9);

(f)in paragraph (10) omit “main”;

(g)omit paragraphs (11) to (14).

Commencement Information

I3Sch. para. 3 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

4.—(1) Article 3 is amended as follows.U.K.

(2) For the heading “International jurisdiction” substitute “ Centre of main interests ”.

(3) In paragraph 1—

(a)in the first sub-paragraph omit the first sentence;

(b)in the second sub-paragraph for “to another Member State” substitute “ from the United Kingdom to a Member State or to the United Kingdom from a Member State ”;

(c)in the third sub-paragraph for “to another Member State” substitute “ from the United Kingdom to a Member State or to the United Kingdom from a Member State ”;

(d)in the fourth sub-paragraph for “to another Member State” substitute “ from the United Kingdom to a Member State or to the United Kingdom from a Member State ”;

(4) Omit paragraphs 2 to 4.

Commencement Information

I4Sch. para. 4 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

5.—(1) Article 4 is amended as follows.U.K.

(2) In paragraph 1—

(a)in the first sentence for “Article 3” substitute “ Article 1(1A) (a) or (b) ”; and

(b)for the second sentence substitute “ Where there is jurisdiction to open insolvency proceedings on either of the grounds specified in Article 1(1A)(a) or (b), the judgment opening such proceedings must state which of those grounds is applicable. ”.

(3) In paragraph 2—

(a)in the first sentence—

(i)omit “in accordance with national law” and “Member States may entrust”;

(ii)for the words from “to examine” to the end of the sentence substitute “ must examine the grounds on which there is jurisdiction to open the proceedings under Article 1(1A). ”; and

(b)for the second sentence substitute “ Where this is the case and there is jurisdiction to open insolvency proceedings on either of the grounds specified in Article 1(1A)(a) or (b), the insolvency practitioner must specify in the decision opening the proceedings which of those grounds is applicable. ”.

Commencement Information

I5Sch. para. 5 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

6.—(1) Article 5 is amended as follows.U.K.

(2) In the heading omit “main”.

(3) In paragraph 1—

(a)omit “main” after “the decision opening”; and

(b)for “grounds of international jurisdiction” substitute “ the grounds of jurisdiction under Article 1(1A)(a) ”.

(4) In paragraph 2—

(a)omit “main” after “the decision opening”;

(b)omit “international”;

(c)after “jurisdiction” insert “ under Article 1(1A)(a) ”; and

(d)for “national law so provides” substitute “ the relevant law (other than this Regulation) of the part of the United Kingdom in which the matter is being determined so provides ”.

Commencement Information

I6Sch. para. 6 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[F27.  Omit Articles 6 to 83.]U.K.

Commencement Information

I7Sch. para. 7 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

8.  In Article 84 omit—U.K.

(a)the second sentence of paragraph 1, and

(b)paragraph 2.

Commencement Information

I8Sch. para. 8 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

9.  In Article 85—U.K.

(a)omit paragraphs 1 and 2;

(b)in paragraph 3—

(i)in point (a) omit “in any Member State”; and

(ii)for “that Member State” substitute “ the United Kingdom ”.

Commencement Information

I9Sch. para. 9 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

10.  Omit Articles 86 to 90.U.K.

Commencement Information

I10Sch. para. 10 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

11.  In Article 91 omit the second sentence.U.K.

Commencement Information

I11Sch. para. 11 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

12.  In Article 92 omit point (c).U.K.

Commencement Information

I12Sch. para. 12 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

13.  Omit the sentence immediately following Article 92 which begins “This Regulation shall be binding”.U.K.

Commencement Information

I13Sch. para. 13 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

14.  Omit Annex A.U.K.

Commencement Information

I14Sch. para. 14 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

15.  In Annex B omit all the entries other than those for the United Kingdom.U.K.

Commencement Information

I15Sch. para. 15 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

PART 2U.K.Amendments to the Insolvency Act 1986

16.  The Insolvency Act 1986 F3 is amended as follows.U.K.

Commencement Information

I16Sch. para. 16 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

17.  In section 1 in subsection (4) F4U.K.

(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 ”.

F4Subsection (4) has been amended by S.I.s 2002/1240, 2005/879 and 2009/1941.

Commencement Information

I17Sch. para. 17 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

18.  In section 106 omit subsections (4A) and (4B) F5.U.K.

F5New section 106 substituted by the Small Business, Enterprise and Employment Act 2015. The amendment has not been commenced for Scotland. Section 106 as in force in England and Wales was amended by S.I. 2017/702 which inserted subsections (4A) and (4B).

Commencement Information

I18Sch. para. 18 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

19.  In section 117 omit subsection (7) F6.U.K.

F6Subsection (7) was inserted by S.I. 2002/1240 and was amended by S.I. 2017/702.

Commencement Information

I19Sch. para. 19 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

20.  In section 120 omit subsection (6).U.K.

Commencement Information

I20Sch. para. 20 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

21.  In section 124 in subsection (1) omit the words from “or by a member State liquidator” to “Article 52 of the EU Regulation)”F7.U.K.

F7Subsection (1) has been amended by S.I.s 2002/1240 and 2017/702.

Commencement Information

I21Sch. para. 21 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

22.  In section 146 omit subsections (6) and (7) F8.U.K.

F8New section 146 substituted by the Small Business, Enterprise and Employment Act 2015. The amendment has not been commenced for Scotland. Section 146 as in force in England and Wales was amended by S.I. 2017/702 which inserted subsections (6) and (7).

Commencement Information

I22Sch. para. 22 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

23.  Omit section 146A F9.U.K.

F9Section 146A was inserted by S.I. 2017/702.

Commencement Information

I23Sch. para. 23 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

24.—(1) Section 201 is amended as follows F10.U.K.

(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).

F10Section 201 was amended by the Small Business, Enterprise and Employment Act 2015. The amendment has not been commenced for Scotland. Relevant amendments to the section as in force in England and Wales are made by S.I. 2017/702.

Commencement Information

I24Sch. para. 24 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

25.—(1) Section 202 is amended as follows F11.U.K.

(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)”.

F11Section 202 was amended by S.I. 2017/702.

Commencement Information

I25Sch. para. 25 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

26.—(1) Section 205 is amended as follows F12.U.K.

(2) In subsection (2) omit “and any statement under section 146(7) or 146A(2)”.

(3) Omit subsections (2A) and (2B).

F12Section 205 has been amended by the Small Business, Enterprise and Employment Act 2015. The amendment has not been commenced for Scotland. Relevant amendments to the section as in force in England and Wales are made by S.I. 2017/702.

Commencement Information

I26Sch. para. 26 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

27.  In section 225 omit subsection (2).U.K.

Commencement Information

I27Sch. para. 27 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

28.  In section 240 in subsection (3)(d) omit the words from “either following” to “Article 51 of the EU Regulation or”.U.K.

Commencement Information

I28Sch. para. 28 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

29.  In section 247 F13 in subsection (3) omit paragraph (b) and the “, or” preceding it.U.K.

F13Section 247(3)(b) was amended by S.I. 2017/702.

Commencement Information

I29Sch. para. 29 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

30.  In section 251 omit the definitions of “EU insolvency proceedings” and “member State liquidator”F14.U.K.

F14These definitions were inserted by S.I. 2017/702.

Commencement Information

I30Sch. para. 30 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

31.—(1) Section 263I is amended as follows.U.K.

(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; and

(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..

Commencement Information

I31Sch. para. 31 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

32.  In section 264 in subsection (1) omit paragraphs (ba) and (bb) F15.U.K.

F15Paragraphs (ba) and (bb) were inserted by S.I. 2002/1240.

Commencement Information

I32Sch. para. 32 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

33.—(1) Section 265 is amended as follows.U.K.

(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; and

(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..

Commencement Information

I33Sch. para. 33 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

34.  In section 330 F16 omit subsection (6).U.K.

F16Subsection (6) was inserted by S.I. 2002/1240 and amended by S.I. 2017/702.

Commencement Information

I34Sch. para. 34 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

35.  In section 387 F17 in subsection (3)—U.K.

(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)”.

F17In subsection (3) paragraphs (aa) and (ab) were inserted by S.I. 2002/1240 and amended by S.I. 2017/702.

Commencement Information

I35Sch. para. 35 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

36.  In section 388 F18 omit subsection (6).U.K.

F18Subsection (6) was inserted by S.I. 2002/1240 and amended by S.I. 2017/702.

Commencement Information

I36Sch. para. 36 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

37.  In section 411 in subsection (2B) for the words from “an offence” to the end of the sentence substitute “ a new relevant offence ”.U.K.

Commencement Information

I37Sch. para. 37 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

38.  In section 412 in subsection (2B) for the words from “an offence” to the end of the sentence substitute “ a new relevant offence ”.U.K.

Commencement Information

I38Sch. para. 38 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

39.  In section 420 in subsection (1B) for the words from “an offence” to the end of the sentence substitute “ a new relevant offence ”.U.K.

Commencement Information

I39Sch. para. 39 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

40.  In section 421 in subsection (1B) for the words from “an offence” to the end of the sentence substitute “ a new relevant offence ”.U.K.

Commencement Information

I40Sch. para. 40 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

41.  After section 422 insert—U.K.

422A.    Meaning 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.

Commencement Information

I41Sch. para. 41 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

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 ”.U.K.

Commencement Information

I42Sch. para. 42 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

43.  Omit section 436A F19.U.K.

F19Section 436A was inserted by S.I. 2002/1240.

Commencement Information

I43Sch. para. 43 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

44.  In Schedule B1 F20U.K.

(a)in paragraph 84 F21

(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 111 F22

(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 ”.

F20Schedule B1 was inserted by section 248 of the Enterprise Act 2002 (c. 40).

F21Paragraph 84 was amended by S.I. 2017/702.

F22In paragraph 111 sub-paragraph (1A) was inserted by S.I. 2005/879.

Commencement Information

I44Sch. para. 44 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

PART 3U.K.Administration under old Part 2 of the Insolvency Act 1986

45.—(1) Part 2 of the Insolvency Act 1986 as it had effect immediately before the coming into force of section 248 of the Enterprise Act 2002 and in so far as it continues to have effect is amended as follows F23.U.K.

(2) In section 8 for “Article 3 of the EC Regulation” substitute “ Article 1 of the EU Regulation ”.

F23Section 248 of the Enterprise Act 2002 substituted a new Part 2 of the Insolvency Act 1986. However section 249 provided that that substitution was to have no effect in relation to the special administration regimes covered by that section.

Commencement Information

I45Sch. para. 45 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

PART 4U.K.Amendments to the Insolvency (England and Wales) Rules 2016

46.  The Insolvency (England and Wales) Rules 2016 F24 are amended as follows.U.K.

F24S.I. 2016/1024, relevant amendments were made by S.I. 2017/702.

Commencement Information

I46Sch. para. 46 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

47.  In rule 1.2(2)—U.K.

(a)omit the following definitions—

(i)“main proceedings”,

(ii)“member State liquidator”,

(iii)“non-EU proceedings”',

(iv)“secondary proceedings”,

(v)“temporary administrator”,

(vi)“territorial proceedings”;

(b)insert in the appropriate places—

COMI proceedings” means insolvency proceedings in England and Wales to which the EU Regulation applies where the centre of the debtor's main interests is in the United Kingdom;

establishment” has the same meaning as in Article 2(10) of the EU Regulation;

establishment proceedings” means insolvency proceedings in England and Wales to which the EU Regulation applies where the debtor has an establishment in the United Kingdom;.

Commencement Information

I47Sch. para. 47 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

48.—(1) Rule 1.7 is amended as follows F25.U.K.

(2) For the heading substitute “ Reasons for stating whether proceedings are or will be COMI proceedings, establishment proceedings etc. ”.

(3) In the opening words for “main, secondary or territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ” and after “must include” insert “ as applicable ”.

(4) In paragraph (a)—

(a)at the end of sub-paragraph (ii) omit “or”;

(b)after sub-paragraph (ii) insert—

(iia)the place where there is an establishment within the jurisdiction, or; and

(c)in sub-paragraph (iii) for “non-EU proceedings” substitute “ proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.

(5) For sub-paragraph (b) substitute—

(b)for a debtor—

(i)the centre of main interests, or

(ii)the place where there is an establishment within the jurisdiction..

F25Rule 1.7 has been amended by S.I. 2017/1115.

Commencement Information

I48Sch. para. 48 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

49.  In rule 1.20 delete paragraph (1)(o).U.K.

Commencement Information

I49Sch. para. 49 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

50.  In rule 2.3 in paragraph (1) for sub-paragraph (q) substitute—U.K.

(q)whether the proceedings will be COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply with reasons;.

Commencement Information

I50Sch. para. 50 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

51.  In rule 2.14 in paragraph (2A) F26 for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.U.K.

F26In rule 2.14 paragraph (2A) was inserted by S.I. 2017/702 and amended by S.I. 2017/1115.

Commencement Information

I51Sch. para. 51 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

52.  In rule 2.25 in paragraph (2A) F27 for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.U.K.

F27In rule 2.25 paragraph (2A) was inserted by S.I. 2017/702.

Commencement Information

I52Sch. para. 52 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

53.  In rule 2.38 F28 in paragraph (2) in sub-paragraph (d) for “main, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.U.K.

F28In rule 2.38 paragraph (2)(d) was amended by S.I. 2017/1115.

Commencement Information

I53Sch. para. 53 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

54.  In rule 3.3 in paragraph (2) in sub-paragraph (h) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.U.K.

Commencement Information

I54Sch. para. 54 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

55.  In rule 3.6 in paragraph (3) in sub-paragraph (f) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.U.K.

Commencement Information

I55Sch. para. 55 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

56.  In rule 3.8 omit paragraph (3)(c).U.K.

Commencement Information

I56Sch. para. 56 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

57.  In rule 3.10 in sub-paragraph (b) omit “(including the United Kingdom)” and “other than the United Kingdom”.U.K.

Commencement Information

I57Sch. para. 57 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

58.  In rule 3.12 omit paragraph (1)(g).U.K.

Commencement Information

I58Sch. para. 58 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

59.  In rule 3.13 in paragraph (1)—U.K.

(a)in sub-paragraph (h) after “EU Regulation” insert “ as it has effect in the law of the United Kingdom ”; and

(b)in sub-paragraph (i) for “main, secondary or territorial proceedings” substitute “ COMI proceedings or establishment proceedings ”.

Commencement Information

I59Sch. para. 59 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

60.  In rule 3.16 in paragraph (2) in sub-paragraph (k) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.U.K.

Commencement Information

I60Sch. para. 60 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

61.  In rule 3.17 in paragraph (1) in sub-paragraph (k) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.U.K.

Commencement Information

I61Sch. para. 61 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

62.  In rule 3.21 in paragraph (1) in sub-paragraph (i) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.U.K.

Commencement Information

I62Sch. para. 62 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

63.  In rule 3.23 in paragraph (1) in sub-paragraph (i) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.U.K.

Commencement Information

I63Sch. para. 63 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

64.  In rule 3.24 in paragraph (1) in sub-paragraph (h) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.U.K.

Commencement Information

I64Sch. para. 64 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

65.  In rule 3.25 in paragraph (2) in sub-paragraph (i) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.U.K.

Commencement Information

I65Sch. para. 65 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

66.  In rule 3.35 in paragraph (1) in sub-paragraph (m) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.U.K.

Commencement Information

I66Sch. para. 66 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

67.  In rule 3.51 in paragraph (2) in sub-paragraph (g) omit “costs referred to in Articles 30 or 59 of the EU Regulation and”.U.K.

Commencement Information

I67Sch. para. 67 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

68.  In rule 3.63 in paragraph (4) omit sub-paragraph (d).U.K.

Commencement Information

I68Sch. para. 68 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

69.  In rule 3.68 in paragraph (2) omit sub-paragraph (g).U.K.

Commencement Information

I69Sch. para. 69 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

70.  In rule 6.42 in paragraph (4)(f) omit “costs referred to in Articles 30 or 59 of the EU Regulation and”.U.K.

Commencement Information

I70Sch. para. 70 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

71.  In rule 7.5 in paragraph (1) in sub-paragraph (n) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.U.K.

Commencement Information

I71Sch. para. 71 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

72.  In rule 7.6 in paragraph (8) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.U.K.

Commencement Information

I72Sch. para. 72 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

73.  In rule 7.9 in paragraph (3)—U.K.

(a)insert after sub-paragraph (b) “ or ”, and

(b)omit sub-paragraph (d) and the “or” preceding it.

Commencement Information

I73Sch. para. 73 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

74.  In rule 7.17 omit paragraph (2)(b) and the “or” preceding it.U.K.

Commencement Information

I74Sch. para. 74 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

75.  In rule 7.18 in sub-paragraph (c) —U.K.

(a)insert “ or ” before “contributory”, and

(b)omit “or member State liquidator”.

Commencement Information

I75Sch. para. 74 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

76.  In rule 7.20 in paragraph (1) in sub-paragraph (g) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.U.K.

Commencement Information

I76Sch. para. 76 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

77.  In rule 7.26 in paragraph (1) in sub-paragraph (n) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.U.K.

Commencement Information

I77Sch. para. 77 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

78.  In rule 7.28 in paragraph (6) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.U.K.

Commencement Information

I78Sch. para. 78 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

79.  In rule 7.29 omit paragraph (6).U.K.

Commencement Information

I79Sch. para. 79 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

80.  In rule 7.32 in paragraph (1) sub-paragraph (h) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.U.K.

Commencement Information

I80Sch. para. 80 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

81.  In rule 7.33—U.K.

(a)after paragraph (1)(f) insert “ or ”;

(b)omit paragraph (1)(g); and

(c)in paragraph (2)(f) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.

Commencement Information

I81Sch. para. 81 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

82.  In rule 7.35 in paragraph (1) in sub-paragraph (e)(ii) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.U.K.

Commencement Information

I82Sch. para. 82 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

83.  In rule 7.108 in paragraph (4) in sub-paragraph (m) omit “costs referred to in Articles 30 or 59 of the EU Regulation and”.U.K.

Commencement Information

I83Sch. para. 83 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

84.  In rule 8.3 in paragraph (q) for “main, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.U.K.

Commencement Information

I84Sch. para. 84 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

85.  In rule 8.19 in paragraph (1A) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.U.K.

Commencement Information

I85Sch. para. 85 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

86.  In rule 10.7 in paragraph (1) for sub-paragraph (d) substitute—U.K.

(d)whether—

(i)the centre of the debtor's main interests is within the United Kingdom or is within a member State;

(ii)the centre of the debtor's main interests is neither within the United Kingdom nor a member State;

(iii)the debtor has an establishment within the United Kingdom;

(iv)the debtor carries on business as an Article 1.2 undertaking;.

Commencement Information

I86Sch. para. 86 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

87.  In rule 10.8 in paragraph (1) in sub-paragraph (g) for “another” substitute “ the UK or a ”.U.K.

Commencement Information

I87Sch. para. 87 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

88.  In rule 10.12 in paragraph (4)—U.K.

(a)at the end of sub-paragraph (a) insert “ and ”; and

(b)omit sub-paragraph (c) and the “and” preceding it.

Commencement Information

I88Sch. para. 88 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

89.  In rule 10.14 omit paragraph (3).U.K.

Commencement Information

I89Sch. para. 89 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

90.  In rule 10.19—U.K.

(a)in paragraph (1) omit the words from “or a member State liquidator” to “in relation to the debtor”;

(b)in paragraph (2) in sub-paragraph (f) omit the words “or member State liquidator”.

Commencement Information

I90Sch. para. 90 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

91.  In rule 10.29—U.K.

(a)in paragraph (2) in sub-paragraph (a) omit the words from “or a member State liquidator” to “in relation to the debtor”; and

(b)in paragraph (6) in sub-paragraph (d) omit the words from “or a member State liquidator” to “in relation to the debtor”.

Commencement Information

I91Sch. para. 91 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

92.  In rule 10.31 in paragraph (1) for sub-paragraph (e)(i) substitute—U.K.

(i)that the court, being satisfied that the EU Regulation as it has effect in the law of the United Kingdom applies, declares that the proceedings are COMI proceedings or establishment proceedings, or.

Commencement Information

I92Sch. para. 92 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

93.  In rule 10.41 in paragraph (2) for sub-paragraph (d)(i) substitute—U.K.

(i)that the adjudicator, being satisfied that the EU Regulation as it has effect in the law of the United Kingdom applies, declares that the proceedings are COMI proceedings or establishment proceedings, or.

Commencement Information

I93Sch. para. 93 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

94.  In rule 10.49—U.K.

(a)in paragraph (1)—

(i)at the end of sub-paragraph (b) insert “ or ”; and

(ii)omit sub-paragraph (d) and the “or” preceding it; and

(b)in paragraph (2) in sub-paragraph (f) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.

Commencement Information

I94Sch. para. 94 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

95.  In rule 10.51 in paragraph (1) in sub-paragraph (e)(ii) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.U.K.

Commencement Information

I95Sch. para. 95 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

96.  In rule 10.149 in sub-paragraph (n) omit the words “costs referred to in Article 30 of the EU Regulation and”.U.K.

Commencement Information

I96Sch. para. 96 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

97.  In rule 12.15 in paragraph (2) omit “including any member State liquidator”.U.K.

Commencement Information

I97Sch. para. 97 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

98.  In rule 14.16 omit paragraph (3).U.K.

Commencement Information

I98Sch. para. 98 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

99.  In rule 14.32 omit paragraph (4).U.K.

Commencement Information

I99Sch. para. 99 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

100.  In rule 15.11 in the table in paragraph (1) omit the entry for “Main proceedings in another member State”.U.K.

Commencement Information

I100Sch. para. 100 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

101.  In rule 15.28 in paragraph (3) omit sub-paragraph (b) and the “or” preceding it.U.K.

Commencement Information

I101Sch. para. 101 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

102.  Omit rule 15.30.U.K.

Commencement Information

I102Sch. para. 102 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

103.  In rule 15.31—U.K.

(a)in paragraph (7) omit the words from “; and for this purpose” to the end; and

(b)in paragraph (9) in the opening words omit “or member State liquidator”.

Commencement Information

I103Sch. para. 103 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

104.  Omit rules 21.1 to 21.3 F29.U.K.

F29Part 21 was amended by S.I. 2017/702.

Commencement Information

I104Sch. para. 104 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

105.  In rule 21.4 for paragraph (3)(e) substitute—U.K.

(e)a statement whether the proceedings will be COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply and the reasons for so stating..

Commencement Information

I105Sch. para. 105 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

106.  Omit rules 21.6 to 21.17.U.K.

Commencement Information

I106Sch. para. 106 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

107.  In Schedule 4 in the table of requirements for service in paragraph 6 omit the entry relating to rule 21.2 (application for conversion into winding up/ bankruptcy under EU Regulation).U.K.

Commencement Information

I107Sch. para. 107 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

PART 5U.K.Other amendments: England and Wales

The Administration of Insolvent Estates of Deceased Persons Order 1986U.K.

108.—(1) The Administration of Insolvent Estates of Deceased Persons Order 1986 F30 is amended as follows.

(2) In Schedule 1 in Part 2—

(a)in paragraph 1A renumber the two subsections to be inserted in section 265 of the Insolvency Act 1986 as subsections (6) and (7);

(b)in the first line of the inserted subsection (7) for “subsection (5)” substitute “ subsection (6) ”; and

(c)in paragraph 2 in sub-paragraph (a) in the subsection (1) to be substituted for that subsection in section 266 of the Insolvency Act 1986 omit paragraph (a).

F30S.I. 1986/1999. Relevant amendments have been made by S.I. 2002/1309 and S.I. 2017/1119 (which inserted paragraph 1A).

Commencement Information

I108Sch. para. 108 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

The Land Registration Rules 2003U.K.

109.  In the Land Registration Rules 2003 F31 omit rule 171.

F31S.I. 2003/1417. Rule 171 was amended by S.I. 2017/702.

Commencement Information

I109Sch. para. 109 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

The Civil Proceedings Fees Order 2008U.K.

110.—(1) The Civil Proceedings Fees Order 2008 F32 is amended as follows.

(2) In the Table in Schedule 1 omit the entry for fee 3.6.

F32S.I. 2008/1053. Fee 3.6 was substituted by S.I. 2017/702.

Commencement Information

I110Sch. para. 110 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

PART 6U.K.Other amendments: England, Wales and Scotland

The Pension Protection Fund (Entry Rules) Regulations 2005U.K.

111.—(1) The Pension Protection Fund (Entry Rules) Regulations 2005 F33 are amended as follows.

(2) In regulation 1—

(a)in paragraph (3) omit the definitions of “establishment” and “the Insolvency Regulation”; and

(b)omit paragraph (7).

(3) In regulation 7—

(a)in paragraph (1) for “paragraphs (2), (4) and (5)” substitute “ paragraphs (2) and (4) ”; and

(b)omit paragraphs (5) and (6).

(4) In regulation 7A—

(a)in paragraph (2) for “paragraphs (3), (5) and (6)” substitute “ paragraphs (3) and (5) ”, and

(b)omit paragraphs (6) and (7).

F33S.I. 2005/590; relevant amending instruments are S.I.s 2016/294 and 2017/702.

Commencement Information

I111Sch. para. 111 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

The Cross-Border Insolvency Regulations 2006U.K.

112.  The Cross-Border Insolvency Regulations 2006 F34 are amended as follows.

F34S.I. 2006/1030; relevant amendments were made by S.I. 2017/702.

Commencement Information

I112Sch. para. 112 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

113.  Schedule 1 is amended as follows.U.K.

Commencement Information

I113Sch. para. 113 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

114.  In article 1 in paragraph 3(b) omit “, other than the United Kingdom,”.U.K.

Commencement Information

I114Sch. para. 114 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

115.  In article 2—U.K.

(a)in paragraph (a)(i)—

(i)after “and made by or under” insert “ the EU Insolvency Regulation, ”, and

(ii)after “or by or under that” insert “ Regulation or ”;

(b)in paragraph (a)(ii) —

(i)after “and made by or under” insert “ the EU Insolvency Regulation, ”, and

(ii)after “or by or under” insert “ that Regulation or ”.

(c)in paragraph (d) at the end of the definition of “the EU Insolvency Regulation” insert “ as that Regulation forms part of domestic law on and after exit day ”.

Commencement Information

I115Sch. para. 115 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

116.  Omit article 3.U.K.

Commencement Information

I116Sch. para. 116 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

117.  In article 16—U.K.

(a)after paragraph 2 insert—

2A.  Where the EU Insolvency Regulation applies the centre of the debtor's main interests is to be determined in accordance with that Regulation.;

(b)for paragraph 3 substitute—

3.  Subject to paragraph 2A, in the absence of proof to the contrary, the debtor's registered office, or habitual residence in the case of an individual, is presumed to be the centre of the debtor's main interests..

Commencement Information

I117Sch. para. 117 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

118.  Schedule 2 is amended as follows.U.K.

Commencement Information

I118Sch. para. 118 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

119.  In paragraph 1 in sub-paragraph (1) F35 omit the definitions of “main proceedings”, “member State liquidator”, “secondary proceedings” and “territorial proceedings”.U.K.

F35Relevant amendments were made to paragraph 1(1) by S.I. 2017/702.

Commencement Information

I119Sch. para. 119 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

120.  In paragraph 4 omit sub-paragraph (2).U.K.

Commencement Information

I120Sch. para. 120 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

121.  In paragraph 6 omit sub-paragraph (2)(b) and the “and” preceding it.U.K.

Commencement Information

I121Sch. para. 121 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

122.  In paragraph 21 omit sub-paragraph (2)(e).U.K.

Commencement Information

I122Sch. para. 122 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

123.  In paragraph 25 omit sub-paragraph (1)(e).U.K.

Commencement Information

I123Sch. para. 123 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

124.  In paragraph 26 omit sub-paragraph (3)(c).U.K.

Commencement Information

I124Sch. para. 124 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

125.  In paragraph 46 omit sub-paragraph (1)(f).U.K.

Commencement Information

I125Sch. para. 125 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

126.  Schedule 3 is amended as follows.U.K.

Commencement Information

I126Sch. para. 126 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

127.  In paragraph 1 in sub-paragraph (1) omit the definitions of “main proceedings” and “member State liquidator”.U.K.

Commencement Information

I127Sch. para. 127 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

128.  In paragraph 6 omit sub-paragraph (1)(e).U.K.

Commencement Information

I128Sch. para. 128 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

129.  In paragraph 7 omit sub-paragraph (3)(c).U.K.

Commencement Information

I129Sch. para. 129 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

130.  In paragraph 9 omit sub-paragraph (1)(f).U.K.

Commencement Information

I130Sch. para. 130 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

131.  Schedule 5 is amended as follows.U.K.

Commencement Information

I131Sch. para. 131 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

132.  In Form ML6 omit paragraph 5 (statement of service on the member State liquidator).U.K.

Commencement Information

I132Sch. para. 132 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

PART 7U.K.Amendments to the Insolvency Act 1986 applying to Scotland only

133.  The Insolvency Act 1986 is amended as follows F36.U.K.

F36Paragraphs 55 to 60 of the Schedule to SI 2017/702 made amendments to the 1986 Act which applied to Scotland only.

Commencement Information

I133Sch. para. 133 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

F37134.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F38135.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F39136.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

137.  In section 204 omit subsections (4A) to (4E).U.K.

Commencement Information

I134Sch. para. 137 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

F40138.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

[F41PART 8AU.K.Amendments to the Insolvency (Scotland) (Receivership and Winding up) Rules 2018

137A.  The Insolvency (Scotland) (Receivership and Winding up) Rules 2018 are amended as follows.U.K.

137B.(1) In rule 1.2(1)—U.K.

(a)omit the following definitions—

(i)“local creditor”,

(ii)“main proceedings”,

(iii)“member State liquidator”,

(iv)“non-EU proceedings”,

(v)“secondary proceedings”,

(vi)“temporary administrator”,

(vii)“territorial proceedings”;

(b)in the note in square brackets which explains the definition of “EU Regulation” omit the words after “section 436”;

(c)insert in the appropriate places—

“COMI proceedings” means insolvency proceedings in Scotland to which the EU Regulation applies where the centre of the debtor’s main interests is in the United Kingdom;,

“establishment” has the same meaning as in Article 2(10) of the EU Regulation;,

“establishment proceedings” means insolvency proceedings in Scotland to which the EU Regulation applies where the debtor has an establishment in the United Kingdom;.

137C.(1) Rule 1.8 is amended as follows.U.K.

(2) For the heading substitute “Reasons for stating whether proceedings are or will be COMI proceedings, establishment proceedings etc.”.

(3) In the opening words, for “main, secondary or territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply” and after “must include” insert “as applicable”.

(4) After paragraph (b) insert—

(ba)the place where there is an establishment within the jurisdiction; or.

(5) In paragraph (c) for “non-EU proceedings” substitute “proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.

137D.  In rule 1.17 omit paragraph (2)(i).U.K.

137E.  In rule 5.4—U.K.

(a)after paragraph (1)(f) insert “or”;

(b)omit paragraph (1)(g);

(c)omit paragraph (1)(h).

137F.  In rule 7.16 omit paragraph (3)(k).U.K.

137G.  In rule 7.28 in paragraph (3)(a) omit “including any costs referred to in Article 30 and 59 of the EU Regulation”.U.K.

137H.  In rule 7.31 omit paragraph (14).U.K.

137I.  In rule 8.11 in the table in paragraph (1) omit the entry for “main proceedings in another Member State”.U.K.

137J.  Omit rule 8.30.U.K.

137K.  In rule 8.31—U.K.

(a)in paragraph (5) omit the words from “; and for this purpose” to the end; and

(b)in paragraph (7) in the opening words omit “or member State liquidator”.

137L.  Omit rules 11.1 to 11.3.U.K.

137M.  In rule 11.4 for paragraph (3)(e) substitute—U.K.

(e)a statement whether the proceedings will be COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply and the reasons for so stating..

137N.  Omit rules 11.6 to 11.17.]U.K.

[F41PART 8BU.K.Amendments to the Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018

137O.  The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018 are amended as follows.U.K.

137P.  In rule 1.2(1)—U.K.

(a)omit the following definitions—

(i)“local creditor”,

(ii)“main proceedings”,

(iii)“member State liquidator”,

(iv)“non-EU proceedings”,

(v)“secondary proceedings”,

(vi)“territorial proceedings”;

(b)insert in the appropriate places—

“COMI proceedings” means insolvency proceedings in Scotland to which the EU Regulation applies where the centre of the debtor’s main interests is in the United Kingdom;,

“establishment” has the same meaning as in Article 2(10) of the EU   Regulation;,

“establishment proceedings” means insolvency proceedings in Scotland to which the EU Regulation applies where the debtor has an establishment in the United Kingdom;.

137Q.(1) Rule 1.8 is amended as follows.U.K.

(2) For the heading substitute “Reasons for stating whether proceedings are or will be COMI proceedings, establishment proceedings etc.”.

(3) In the opening words for “main, secondary, territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.

(4) In paragraph (b) omit the word “or”.

(5) After paragraph (b) insert—

(ba)the place where there is an establishment within the jurisdiction, or; and

(6) In paragraph (c) for “non-EU proceedings” substitute “proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.

137R.  In rule 1.17 omit paragraph (1)(i).U.K.

137S.  In rule 2.3 in the table in paragraph (1), in the second column of the entry for “Type of insolvency proceedings”, for “whether the insolvency proceedings will be main, secondary, territorial or non-EU insolvency proceedings with reasons;” substitute—U.K.

whether the proceedings will be COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply with reasons;.

137T.  In rule 2.13 in paragraph (5) for “main, secondary, territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.U.K.

137U.  In rule 2.24 in paragraph (3) for “main, secondary, territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.U.K.

137V.  In rule 2.37 in paragraph (2) in sub-paragraph (d) for “main, secondary, territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.U.K.

137W.  In rule 3.6 omit paragraph (c).U.K.

137X.  In rule 3.8 in paragraph (b) omit “(including the United Kingdom)” and “other than the United Kingdom”.U.K.

137Y.  In rule 3.10 omit paragraph (g).U.K.

137Z.  In rule 3.11 in paragraph (1)—U.K.

(a)in sub-paragraph (g) after “EU Regulation” insert “as it has effect in the law of the United Kingdom”; and

(b)in sub-paragraph (h) for “main, secondary or territorial proceedings” substitute “COMI proceedings or establishment proceedings”.

137ZA.  In rule 3.16 in paragraph (2) in sub-paragraph (k) for “main, secondary, territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.U.K.

137ZB.  In rule 3.17 in paragraph (1) in sub-paragraph (k) for “main, secondary, territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.U.K.

137ZC.  In rule 3.21 in paragraph (1) in sub-paragraph (k) for “main, secondary, territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.U.K.

137ZD.  In rule 3.23 in paragraph (1) in sub-paragraph (i) for “main, secondary, territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.U.K.

137ZE.  In rule 3.24 in paragraph (1) in sub-paragraph (h) for “main, secondary, territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.U.K.

137ZF.  In rule 3.25 in paragraph (2) in sub-paragraph (i) for “main, secondary, territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.U.K.

137ZG.  In rule 3.35 in paragraph (1) in sub-paragraph (m) for “main, secondary, territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.U.K.

137ZH.  In rule 3.51 in paragraph (2) in sub-paragraph (g) omit “costs referred to in Articles 30 or 59 of the EU Regulation and”.U.K.

137ZI.  In rule 3.63 in paragraph (4) omit sub-paragraph (d).U.K.

137ZJ.  In rule 3.68 in paragraph (2) omit sub-paragraph (g).U.K.

137ZK.  In rule 3.105 in paragraph (3) omit sub-paragraph (k).U.K.

137ZL.  In rule 3.117 omit paragraph (11).U.K.

137ZM.  In rule 5.11 in the table in paragraph (1) omit the entry for “main proceedings in another member State”.U.K.

137ZN.  Omit rule 5.27.U.K.

137ZO.  In rule 5.28—U.K.

(a)in paragraph (7) omit the words from “and for this purpose” to the end; and

(b)in paragraph (9) in the opening words omit “or member State liquidator”.

137ZP.  Omit Part 7 (the EU Regulation).]U.K.

F42PART 8U.K.Amendments to the Insolvency (Scotland) Rules 1986

F42139.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F42140.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F42141.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F42142.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F42143.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F42144.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F42145.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F42146.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F42147.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F42148.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F42149.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F42150.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F42151.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F42152.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F42153.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F42154.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F42155.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F42156.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F42157.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F42158.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F42159.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F42160.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

PART 9U.K.Amendments to the Insolvency (Northern Ireland) Order 1989 and the Insolvency Rules (Northern Ireland) 1991

Amendments to the Insolvency (Northern Ireland) Order 1989U.K.

161.  The Insolvency (Northern Ireland) Order 1989 F43 is amended as follows.

F43S.I. 1989/2405 (N.I. 19). Relevant amendments have been made by S.R. (NI) 2002 No.334 and S.I. 2017/702.

Commencement Information

I135Sch. para. 161 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

162.  In Article 2(2) in the definition of “the EU Regulation” at the end insert “ as it forms part of domestic law on and after exit day ”F44 .U.K.

F44The definition of “EU Regulation” was substituted by S.I. 2017/702.

Commencement Information

I136Sch. para. 162 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

163.  In Article 2(2) omit the definitions of “EU insolvency proceedings” and “member State liquidator”F45.U.K.

F45These definitions were inserted by paragraph 96 of the Schedule to S.I. 2017/702.

Commencement Information

I137Sch. para. 163 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

164.  Omit Article 2A F46.U.K.

F46Article 2A was inserted by S.R. (NI) 2002 No. 334 and amended by S.I. 2017/702.

Commencement Information

I138Sch. para. 164 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

165.  In Article 3 omit paragraph (6).U.K.

Commencement Information

I139Sch. para. 165 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

166.  In Article 6 in paragraph (3) omit sub-paragraph (b) and the “or” preceding it.U.K.

Commencement Information

I140Sch. para. 166 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

167.  In Article 14 in paragraph (4)—U.K.

(a)in sub-paragraph (b) omit “other than the United Kingdom”; and

(b)in sub-paragraph (c) after “interests” insert “ either ” and after “Denmark” insert “ or in the United Kingdom ”.

Commencement Information

I141Sch. para. 167 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

168.  In Article 80 omit paragraphs (3A) and (3B) F47.U.K.

F47Paragraphs (3A) and (3B) were inserted by paragraph 100 of the Schedule to S.I. 2017/702.

Commencement Information

I142Sch. para. 168 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

169.  In Article 104 in paragraph (1) omit the words from “or by a member State liquidator” to “Article 52 of the EU Regulation)”F48.U.K.

F48Paragraph (1) was amended by paragraph 101 of the Schedule to S.I. 2017/702.

Commencement Information

I143Sch. para. 169 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

170.  In Article 124 omit paragraphs (6) and (7) F49.U.K.

F49Paragraphs (6) and (7) were inserted by paragraph 102 of the Schedule to S.I. 2017/702.

Commencement Information

I144Sch. para. 170 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

171.  Omit Article 124A F50.U.K.

F50Article 124A was inserted by paragraph 103 of the Schedule to S.I. 2017/702.

Commencement Information

I145Sch. para. 171 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

172.—(1) Article 166 is amended as follows F51.U.K.

(2) In paragraph (2) omit “and any statement under Article 80(3B)” and “(except where paragraph (2A) applies)”.

(3) Omit paragraphs (2A) and (2B).

F51Article 166 was amended by paragraph 104 of the Schedule to S.I. 2017/702.

Commencement Information

I146Sch. para. 172 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

173.—(1) Article 167 is amended as follows F52.U.K.

(2) Omit paragraphs (1A) and (1B).

(3) In paragraph (2) for “an application under paragraph (1)” substitute “ that application ”.

(4) In paragraph (3) omit “and to send any statement under paragraph (1B)”.

(5) In paragraph (4)—

(a)omit “and any statement under paragraph (1B)” and “or them”;

(b)for “subject to paragraph (5)” substitute “ subject to paragraph (7) ”; and

(c)omit “(except where paragraph (5) applies)”.

(6) Omit paragraphs (5) and (6).

(7) In paragraph (7) for “the period in paragraph (4) or (6)” substitute “ that period ”.

F52Article 167 was amended by paragraph 105 of the Schedule to S.I. 2017/702 which inserted paragraphs (5) and (6) and renumbered and amended paragraph (7).

Commencement Information

I147Sch. para. 173 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

174.—(1) Article 169 F53 is amended as follows.U.K.

(2) In paragraph (1) omit “and any statement under Article 124(7) or 124A(2)” and “of the final account or notice”.

(3) Omit paragraphs (1A) and (1B).

F53Article 169 was amended by paragraph 107 of the Schedule to S.I. 2017/702.

Commencement Information

I148Sch. para. 174 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

175.  In Article 204 F54 in paragraph (3)(d) omit the words from “either following” to “Article 51 of the EU Regulation or”.U.K.

F54Article 204 was amended by paragraph 110 of the Schedule to S.I. 2017/702.

Commencement Information

I149Sch. para. 175 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

176.  In Article 238 in paragraph (1) omit sub-paragraphs (ba) and (bb) F55.U.K.

F55Paragraphs (ba) and (bb) were amended by paragraph 111 of the Schedule to S.I. 2017/702.

Commencement Information

I150Sch. para. 176 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

177.  For Article 239 substitute—U.K.

Conditions to be satisfied in respect of debtor

239.(1) A bankruptcy petition may be presented to the High Court under Article 238(1)(a) or (b) only if—

(a)the centre of the debtor's main interests is in Northern Ireland,

(b)the centre of the debtor's main interests is in a member State of the European Union which has adopted the EU Regulation and the debtor has an establishment in Northern Ireland, or

(c)the centre of the debtor's main interests is not in a member State of the European Union which has adopted the EU Regulation, but the test in paragraph (2) is met.

(2) The test is that—

(a)the debtor is domiciled in Northern Ireland, or

(b)the debtor is personally present in Northern Ireland on the day on which the petition is presented, or

(c)at any time in the period of three years ending with the day on which the petition is presented, the debtor—

(i)has been ordinarily resident, or has had a place of residence, in Northern Ireland, or

(ii)has carried on business in Northern Ireland.

(3) The reference in paragraph (2) to the debtor carrying on business includes—

(a)the carrying on of business by a firm or partnership of which the debtor is a member, and

(b)the carrying on of business by an agent or manager for the debtor or for such a firm or partnership.

(4) In this Article—

(a)references to the centre of the debtor's main interests have the same meaning as in Article 3 of the EU Regulation, and

(b)establishment” has the same meaning as in Article 2(10) of the EU Regulation..

Commencement Information

I151Sch. para. 177 in force at 31.1.2019, see reg. 1(2)(b)

178.—(1) Article 239 F56 (as substituted by paragraph 177) is amended as follows.U.K.

(2) In paragraph (1)—

(a)in sub-paragraph (b) after “European Union” insert “ other than Denmark ” and omit the words “which has adopted the EU Regulation”; and

(b)in sub-paragraph (c) omit the words from the beginning of the paragraph to “the EU Regulation, but”.

F56Article 239 was amended by paragraph 112 of the Schedule to S.I. 2017/702.

Commencement Information

I152Sch. para. 178 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

179.  In Article 303 omit paragraph (6) F57.U.K.

F57Article 303 paragraph (6) was inserted by regulation 15 of S.R. (NI) 2002 No. 334 and amended by paragraph 113 of the Schedule to S.I. 2017/702.

Commencement Information

I153Sch. para. 179 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

180.  In Article 347 in paragraph (3) F58U.K.

(a)omit sub-paragraphs (aa) and (ab);

(b)in sub-paragraph (b) omit “, (aa) or (ab)”;

(c)in sub-paragraph (ba) omit “, (aa), (ab)”;

(d)in sub-paragraph (c) omit “ (aa), (ab),”.

F58Article 347 was amended by paragraph 114 of the Schedule to S.I. 2017/702.

Commencement Information

I154Sch. para. 180 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

181.  In Article 359 F59 in paragraph (2B) for the words from “an offence” to the end of the sentence substitute “ a new relevant offence (see Article 366A) ”.U.K.

F59Article 359 was amended by S.R. (NI) 2002 No 223, regulation 4 (2) and paragraph 115 of the Schedule to S.I. 2017/702.

Commencement Information

I155Sch. para. 181 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

182.  In Article 364 F60 in paragraph (1B) for the words from “an offence” to the end of the sentence substitute “ a new relevant offence (see Article 366A) ”.U.K.

F60Article 364 was amended by S.R. (NI) 2002 No. 223, regulation 4(3) and S.I. 2017/702, regulation 116.

Commencement Information

I156Sch. para. 182 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

183.  In Article 365 F61 in paragraph (1B) for the words from “an offence” to the end of the sentence substitute “ a new relevant offence (see Article 366A) ”.U.K.

F61Article 365 was amended by S.R. (NI) 2002 No. 223, regulation 4(3) and paragraph 117 of the Schedule to S.I. 2017/702.

Commencement Information

I157Sch. para. 183 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

184.  After Article 366 insert—U.K.

Meaning of “relevant offence”

366A.  In Articles 359(2B), 364(1B) and 365(1B), a “relevant offence” is 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..

Commencement Information

I158Sch. para. 184 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

185.  In Schedule B1—U.K.

(a)in paragraph 1—

(i)in sub-paragraph (1A)(b) omit “other than the United Kingdom”;

(ii)in sub-paragraph (1A)(c) after “interests” insert “ either ” and after “Denmark” insert “ or in the United Kingdom ”;

(b)in paragraph 85 F62

(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-paragraphs (7)(a) and (c) omit “or (6B)”.

F62Paragraph 85 was amended by paragraph 119 of the Schedule to S.I. 2017/702.

Commencement Information

I159Sch. para. 185 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Amendments to the Insolvency Rules (Northern Ireland) 1991U.K.

186.  The Insolvency Rules (Northern Ireland) 1991 F63 are amended as follows.

F63S.R. (NI) 1991 No. 364.Relevant amendments were made by S.I. 2017/702.

Commencement Information

I160Sch. para. 186 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

187.  In Rule 0.2 (Interpretation)—U.K.

(a)omit the following definitions—

(i)“main proceedings”,

(ii)“Member State liquidator”,

(iii)“secondary proceedings”,

(iv)“temporary administrator”,

(v)“territorial proceedings”;

(b)insert in the appropriate places—

COMI proceedings” means insolvency proceedings in Northern Ireland to which the EU Regulation applies where the centre of the debtor's main interests is in the United Kingdom;;

establishment proceedings” means insolvency proceedings in Northern Ireland to which the EU Regulation applies where the debtor has an establishment in the United Kingdom;;

(c)in the definition of “establishment” for “Article 2(h) of the EC Regulation” substitute “ Article 2(10) of the EU Regulation ”.

Commencement Information

I161Sch. para. 187 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

188.  In Rule 1.03 in paragraph (2) for sub-paragraph (q) substitute—U.K.

(q)whether the proceedings will be COMI proceedings, establishment proceedings, or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply with reasons.F64.

F64Paragraph (2)(q) was inserted by Rule 5 of the Insolvency (Amendment) Rules (Northern Ireland) 2002, S.R. 2002 No. 261.

Commencement Information

I162Sch. para. 188 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

189.  In Rule 1.09 in paragraph (1A) F65 for the words “main, secondary, territorial” substitute “ COMI proceedings, establishment proceedings ”.U.K.

F65Rule 1.09 was amended by paragraph 122 of the Schedule to S.I. 2017/702.

Commencement Information

I163Sch. para. 189 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

190.  In Rule 1.24 in paragraph (2)(ca) for the words “whether the proceedings are main proceedings, secondary proceedings or territorial proceedings;” substitute “ whether the proceedings are COMI proceedings, establishment proceedings, or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply; ”F66 .U.K.

F66Rule 1.24 was amended by S.R. (NI) 2002 No. 261

Commencement Information

I164Sch. para. 190 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

191.  Omit Rules 1.31 to 1.33 (Chapter 7) F67.U.K.

F67Chapter 7, Rules 1.31, 1.32 and 1.33 were amended by paragraphs 123, 124 and 125 of the Schedule to S.I. 2017/702.

Commencement Information

I165Sch. para. 191 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

192.  Omit Rule 1.34 (Chapter 8) F68.U.K.

F68Chapter 8, Rule 1.34 was amended by paragraph 126 of the Schedule to S.I. 2017/702.

Commencement Information

I166Sch. para. 192 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

193.  In Rule 1.39 in paragraph (2)(c) for the words “main, secondary, territorial” substitute “ COMI proceedings, establishment proceedings ”F69 .U.K.

F69Rule 1.39 was amended by paragraph 127 of the Schedule to S.I. 2017/702.

Commencement Information

I167Sch. para. 193 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

194.  In Rule 2.001 in paragraph (d) omit the reference to Chapters 14 and 15.U.K.

Commencement Information

I168Sch. para. 194 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

195.  In Rule 2.004 in paragraph (4) for the words from “main” to the second “proceedings” substitute “ COMI proceedings or establishment proceedings ”.U.K.

Commencement Information

I169Sch. para. 195 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

196.  In Rule 2.006 omit paragraph (3)(c).U.K.

Commencement Information

I170Sch. para. 196 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

197.  In Rule 2.012 omit paragraph (1)(g).U.K.

Commencement Information

I171Sch. para. 197 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

198.  In Rule 2.034 for paragraph (2)(p)(ii) substitute—U.K.

(ii)if so, whether the proceedings will be COMI proceedings, establishment proceedings, or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply with reasons; and.

Commencement Information

I172Sch. para. 198 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

199.  In Rule 2.039 omit—U.K.

(a)paragraph (1)(a)(ii) and the “or” preceding it, and

(b)paragraphs (8) to (11).

Commencement Information

I173Sch. para. 199 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

200.  In Rule 2.068 in paragraph (1)(f) omit the words “costs referred to in Articles 30 or 59 of the EU Regulations and”F70.U.K.

F70Rule 2.068 was amended by paragraph 128 of the Schedule to S.I. 2017/702.

Commencement Information

I174Sch. para. 200 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

201.  In Rule 2.096 omit paragraph (2)(a)(ii) and the “and” preceding it.U.K.

Commencement Information

I175Sch. para. 201 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

202.  In Rule 2.097 omit paragraph (4).U.K.

Commencement Information

I176Sch. para. 202 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

203.  In Rule 2.099 in paragraph (1) omit the words from “and” to the end of the sentence.U.K.

Commencement Information

I177Sch. para. 203 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

204.  In Rule 2.121 omit paragraph (2).U.K.

Commencement Information

I178Sch. para. 204 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

205.  Omit Rules 2.131 to 2.133 (Chapter 14) F71.U.K.

F71Chapter 14, Rules 2.131, 2.132 and 2.133, was amended by paragraphs 129, 130 and 131 of the Schedule to S.I. 2017/702.

Commencement Information

I179Sch. para. 205 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

206.  Omit Rules 2.134 to 2.143 (Chapter 15) F72.U.K.

F72Chapter 15, Rules 2.134 to 2.143, was amended by paragraphs 132 and 133 of the Schedule to S.I. 2017/702.

Commencement Information

I180Sch. para. 206 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

207.  In Rule 4.007 omit paragraph (4)(ea).U.K.

Commencement Information

I181Sch. para. 207 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

208.  In Rule 4.010 omit paragraph (3A).U.K.

Commencement Information

I182Sch. para. 208 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

209.  In Rule 4.012—U.K.

(a)in paragraph (8) omit the words from “(i)” to “whether”; and

(b)for the words “main proceedings or territorial proceedings” substitute “ COMI proceedings, establishment proceedings, or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.

Commencement Information

I183Sch. para. 209 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

210.  In Rule 4.024 omit paragraph (6).U.K.

Commencement Information

I184Sch. para. 210 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

211.  In Rule 4.027 omit paragraph (1)(g).U.K.

Commencement Information

I185Sch. para. 211 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

212.  In Rule 4.073 F73U.K.

(a)omit paragraph (1)(a)(ii) and the “or” preceding it; and

(b)omit paragraphs (8) to (10).

F73Rule 4.073 was amended by S.R. (NI) 2002 No 261.

Commencement Information

I186Sch. para. 212 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

213.  In Rule 4.228 in paragraph (3) sub-paragraph (m) omit the words “costs referred to in Articles 30 or 59 of the EU Regulation and”F74.U.K.

F74Rule 4.228(3)(m) was amended by paragraph 135 of the Schedule to S.I. 2017/702.

Commencement Information

I187Sch. para. 213 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

214.  In Rule 5.04 in paragraph (2)(r) for the words “main proceedings or territorial proceedings” substitute “ COMI proceedings or establishment proceedings ”.U.K.

Commencement Information

I188Sch. para. 214 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

215.  Omit Rules 5.61 to 5.64 (Chapter 13) F75.U.K.

F75Chapter 13, Rules 5.61 and 5.62 were amended by paragraphs 138 and 139 of the Schedule to S.I. 2017/702.

Commencement Information

I189Sch. para. 215 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

216.  In Rule 6.007 in paragraph (1) in sub-paragraph (f) for “another” substitute “ the UK or a ”.U.K.

Commencement Information

I190Sch. para. 216 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

217.  In Rule 6.013 omit paragraph (5).U.K.

Commencement Information

I191Sch. para. 217 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

218.  In Rule 6.027 in paragraph (2)(c) omit the wording in the second set of brackets.U.K.

Commencement Information

I192Sch. para. 218 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

219.  In Rule 6.049 F76U.K.

(a)in paragraph (1)(d) omit “or” at the end of the sentence; and

(b)omit paragraph (1)(e).

F76Rule 6.049 was amended by paragraph 140 of the Schedule to S.I. 2017/702.

Commencement Information

I193Sch. para. 219 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

220.  In Rule 6.090 omit paragraphs (8) to (10).U.K.

Commencement Information

I194Sch. para. 220 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

221.  In Rule 6.113 omit paragraph (3).U.K.

Commencement Information

I195Sch. para. 221 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

222.  In Rule 6.222 in paragraph (1) sub-paragraph (m) omit the words “insert costs referred to in Articles 30 or 59 of the EU Regulation and”F77.U.K.

F77Rule 6.222(1)(m) was amended by paragraph 141 of the Schedule to S.I. 2017/702.

Commencement Information

I196Sch. para. 222 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

223.  Omit Rules 6.231 and 6.232 (Chapter 26).U.K.

Commencement Information

I197Sch. para. 223 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

224.  In Rule 7.08A omit “including any member State liquidator”.U.K.

Commencement Information

I198Sch. para. 224 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

225.  In Rule 7.56 in paragraph (2) for the words in sub-paragraph (e) substitute “ whether the proceedings will be COMI proceedings or establishment proceedings. ”F78 .U.K.

F78Rule 7.56 was amended by paragraph 142 of the Schedule 70 S.I. 2017/702.

Commencement Information

I199Sch. para. 225 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

226.  Omit Rule 7.57.U.K.

Commencement Information

I200Sch. para. 226 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

227.  Omit Rule 7.58 (Chapter 11).U.K.

Commencement Information

I201Sch. para. 227 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

228.  Omit Rule 8.8.U.K.

Commencement Information

I202Sch. para. 228 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

229.  In Rule 11.01 omit paragraph (3).U.K.

Commencement Information

I203Sch. para. 229 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

230.  In Rule 11.02 omit paragraph (1)(b) and the “and” preceding it.U.K.

Commencement Information

I204Sch. para. 230 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

231.  In Rule 11.03 omit paragraph (4).U.K.

Commencement Information

I205Sch. para. 231 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

232.  In Rule 11.06 omit paragraph (1)(b) and the “and” preceding it.U.K.

Commencement Information

I206Sch. para. 232 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

233.  In Rule 12.13 omit paragraph (5).U.K.

Commencement Information

I207Sch. para. 233 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

234.  In Rule 12.19 omit paragraph (3A).U.K.

Commencement Information

I208Sch. para. 234 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

PART 10U.K.Other amendments: Northern Ireland

The Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005U.K.

235.—(1) The Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005 F79 are amended as follows.

(2) In regulation 1—

(a)in paragraph (2) omit the definitions of “establishment” and “the Insolvency Regulation”, and

(b)omit paragraph (4A).

(3) In regulation 7—

(a)in paragraph (1) for “paragraphs (2), (4) and (5)” substitute “ paragraphs (2) and (4) ”, and

(b)omit paragraphs (5) and (6).

(4) In regulation 7A—

(a)in paragraph (2) for “paragraphs (3), (5) and (6)” substitute “ paragraphs (3) and (5) ”, and

(b)omit paragraphs (6) and (7).

F79S.R. (NI) 2005 No.126; as amended by S.R. (NI) 2005 No 364, S.R. (NI) 2008 No 303, S.R. (NI) 2009 No 245, S.R. (NI) 2014 No 195 and paragraph 144 of the Schedule to S.I. 2017/702.

Commencement Information

I209Sch. para. 235 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

The Cross-Border Insolvency Regulations (Northern Ireland) 2007U.K.

236.  The Cross-Border Insolvency Regulations (Northern Ireland) 2007 F80 are amended as follows.

F80S.R. (NI) 2007 No. 115; relevant amendments were made by paragraph 144 of the Schedule to S.I. 2017/702.

Commencement Information

I210Sch. para. 236 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

237.  Schedule 1 is amended as follows.U.K.

Commencement Information

I211Sch. para. 237 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

238.  In article 1 in paragraph 3(b) omit “, other than the United Kingdom,”.U.K.

Commencement Information

I212Sch. para. 238 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

239.  In article 2—U.K.

(a)in sub-paragraph (b) at the end of the definition of “the EU Insolvency Regulation” insert “ as that Regulation forms part of domestic law on and after exit day ”; and

(b)in sub-paragraph (k)—

(i)after “made by or under” insert “ the EU Insolvency Regulation and ”, and

(ii)after “or by or under that” insert “ Regulation or ”.

Commencement Information

I213Sch. para. 239 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

240.  Omit article 3.U.K.

Commencement Information

I214Sch. para. 240 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

241.  In article 16—U.K.

(a)after paragraph 2 insert—

2A.  Where the EU Insolvency Regulation applies the centre of the debtor's main interests is to be determined in accordance with that Regulation.;

(b)for paragraph 3 substitute—

3.  Subject to paragraph 2A, in the absence of proof to the contrary, the debtor's registered office, or habitual residence in the case of an individual, is presumed to be the centre of the debtor's main interests..

Commencement Information

I215Sch. para. 241 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

242.  Schedule 2 is amended as follows.U.K.

Commencement Information

I216Sch. para. 242 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

243.  In paragraph 1 in sub-paragraph (1) omit the definitions of “main proceedings”, “member State liquidator”, “secondary proceedings” and “territorial proceedings”.U.K.

Commencement Information

I217Sch. para. 243 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

244.  In paragraph 4 omit sub-paragraph (2).U.K.

Commencement Information

I218Sch. para. 244 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

245.  In paragraph 6 omit sub-paragraph (2)(b) and the “and” preceding it.U.K.

Commencement Information

I219Sch. para. 245 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

246.  In paragraph 21 omit sub-paragraph (2)(e).U.K.

Commencement Information

I220Sch. para. 246 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

247.  In paragraph 25 omit sub-paragraph (1)(e).U.K.

Commencement Information

I221Sch. para. 247 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

248.  In paragraph 26 omit sub-paragraph (3)(c).U.K.

Commencement Information

I222Sch. para. 248 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

249.  In paragraph 44 omit sub-paragraph (1)(f).U.K.

Commencement Information

I223Sch. para. 249 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

250.  Omit paragraph 53.U.K.

Commencement Information

I224Sch. para. 250 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

251.  Schedule 4 is amended as follows.U.K.

Commencement Information

I225Sch. para. 251 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

252.  In Form ML6 omit paragraph 5 (statement of service on the member State liquidator).U.K.

Commencement Information

I226Sch. para. 252 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

PART 11U.K.Amendments to the Employment Rights Act 1996 and the Pension Schemes Act 1993

Amendments to the Employment Rights Act 1996U.K.

253.—(1) The Employment Rights Act 1996 F81 is amended as follows.

(2) In section 166 F82

(a)in subsection (5)—

(i)in paragraph (a) for “(6) or (8A)” substitute “ (6), (8ZA) or (8A) ”;

(ii)in paragraph (b) for “(7) or (8A)”substitute “ (7), (8ZA) or (8A) ”;

(iii)in paragraph (c) for “(8) or (8A)” substitute “ (8), (8ZA) or (8A) ”;

(iv)in paragraph (d) for “(8A)” substitute “ (8ZA) or (8A) ”;

(b)after subsection (8) insert—

(8ZA) This subsection is satisfied in the case of an employer if—

(a)the employer is a legal person,

(b)a request has been made for the first opening of collective proceedings—

(i)based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and

(ii)involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and

(c)any of the following has decided to open the proceedings—

(i)a court,

(ii)a meeting of creditors, or

(iii)the creditors by a decision procedure.;

(c)in subsection (8B) for “subsection (8A)” substitute “ this section ”.

(3) In section 183 F83

(a)in subsection (1)—

(i)in paragraph (a) for “(2) or (4A)” substitute “ (2), (4ZA) or (4A) ”;

(ii)in paragraph (b) for “(3) or (4A)” substitute “ (3), (4ZA) or (4A) ”;

(iii)in paragraph (c) for “(4) or (4A)” substitute “ (4), (4ZA) or (4A) ”;

(iv)in paragraph (d) for “(4A)” substitute “ (4ZA) or (4A) ”;

(b)after subsection (4) insert—

(4ZA) This subsection is satisfied in the case of an employer if—

(a)the employer is a legal person,

(b)a request has been made for the first opening of collective proceedings—

(i)based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and

(ii)involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and

(c)any of the following has decided to open the proceedings—

(i)a court,

(ii)a meeting of creditors, or

(iii)the creditors by a decision procedure.;

(c)in subsection (4B) for “subsection (4A)” substitute “ this section ”.

F82Section 166 was amended by S.I. 2001/1090; S.I. 2012/3014 and S.I. 2017/1205.

F83Section 183 was amended by S.I. 2001/1090; S.I. 2012/3014 and S.I. 2017/1205.

Commencement Information

I227Sch. para. 253 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Amendments to the Pension Schemes Act 1993U.K.

254.—(1) The Pension Schemes Act 1993 F84 is amended as follows—

(2) In section 123 F85

(a)for subsection (1)(d) substitute—

(d)subsection (2A) or (2ZA) is satisfied.;

(b)after subsection (2) insert—

(2ZA) This subsection is satisfied in the case of an employer if—

(a)the employer is a legal person,

(b)a request has been made for the first opening of collective proceedings—

(i)based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and

(ii)involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and

(c)any of the following has decided to open the proceedings—

(i)a court,

(ii)a meeting of creditors, or

(iii)the creditors by a decision procedure.;

(c)in subsection (2B) for “subsection (2A)” substitute “ this section ”.

F85Section 123 was amended by S.I. 2017/1205.

Commencement Information

I228Sch. para. 254 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

PART 12U.K.Amendments to the Employment Rights (Northern Ireland) Order 1996 and the Pension Schemes (Northern Ireland) Act 1993

Amendments to the Employment Rights (Northern Ireland) Order 1996U.K.

255.—(1) The Employment Rights (Northern Ireland) Order 1996 F86 is amended as follows.

(2) In Article 201 (applications for payments) F87

(a)in paragraph (5)—

(i)in sub-paragraph (a) after “(6)” insert “ or (8A) ”;

(ii)in sub-paragraph (b) after “(7)” insert “ or (8A) ” and at the end of that sub-paragraph omit “and”;

(iii)in sub-paragraph (c) after “(8)” insert “ or (8A) ”; and

(iv)at the end of sub-paragraph (c) insert—

, and

(d)where the employer is not any of the above, if (but only if) paragraph (8A) is satisfied.;

(b)after paragraph (8) insert—

(8A) This paragraph is satisfied in the case of an employer if—

(a)a request has been made for the first opening of collective proceedings—

(i)based on the insolvency of the employer, as provided for under the laws, regulations and administrative provisions of a member State, and

(ii)involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and

(b)the competent authority has—

(i)decided to open the proceedings, or

(ii)established that the employer's undertaking or business has been definitively closed down and the available assets of the employer are insufficient to warrant the opening of the proceedings.

(8B) For the purposes of paragraph (8A)—

(a)liquidator or a person performing a similar task” includes the official receiver or an administrator, trustee in bankruptcy, judicial factor, supervisor of a voluntary arrangement, or a person performing a similar task;

(b)competent authority” includes—

(i)a court,

(ii)a meeting of creditors,

(iii)a creditors' committee,

(iv)the creditors by a decision procedure, and

(v)an authority of a member State empowered to open insolvency proceedings, to confirm the opening of such proceedings or to take decisions in the course of such proceedings.

(8C) An employee may apply under this Article only if the employee worked or habitually worked in Northern Ireland in that employment to which the application  relates..

(3) In Article 228 F88

(a)in paragraph (1)—

(i)in sub-paragraph (a) after “(2)” insert “ or (4A) ”;

(ii)in sub-paragraph (b) after “(3)” insert “ or (4A) ” and at the end of that sub-paragraph omit “and”;

(iii)in sub-paragraph (c) after “(4)” insert “ or (4A) ”; and

(iv)at the end of sub-paragraph (c) insert—

, and

(d)where the employer is not any of the above, if (but only if) paragraph (4A) is satisfied.;

(b)after paragraph (4) insert—

(4A) This paragraph is satisfied in the case of an employer if—

(a)a request has been made for the first opening of collective proceedings—

(i)based on the insolvency of the employer, as provided for under the laws, regulations and administrative provisions of a member State, and

(ii)involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and

(b)the competent authority has—

(i)decided to open the proceedings, or

(ii)established that the employer's undertaking or business has been definitively closed down and the available assets of the employer are insufficient to warrant the opening of the proceedings.

(4B) For the purposes of paragraph (4A)—

(a)liquidator or a person performing a similar task” includes the official receiver or an administrator, trustee in bankruptcy, judicial factor, supervisor of a voluntary arrangement, or a person performing a similar task;

(b)competent authority” includes—

(i)a court,

(ii)a meeting of creditors,

(iii)a creditors' committee,

(iv)the creditors by a decision procedure, and

(v)an authority of a member State empowered to open insolvency proceedings, to confirm the opening of such proceedings or to take decisions in the course of such proceedings.

(4C) An employee may apply under Article 227 (employee's rights on insolvency of employer) only if the employee worked or habitually worked in Northern Ireland in that employment to which the application relates..

F87Article 201 was amended by regulation 9 of, and Schedule 4 to S.R. (NI) 2004 No. 307; there are other amendments not relevant to these Regulations.

F88Article 228 was amended by regulation 9 of, and the Schedule 4 to S.R. (NI) 2004 No. 307; there are other amendments not relevant to these Regulations.

Commencement Information

I229Sch. para. 255 in force at 31.1.2019, see reg. 1(2)(c)

Amendments to the Pension Schemes (Northern Ireland) Act 1993U.K.

256.—(1) The Pension Schemes (Northern Ireland) Act 1993 F89 is amended as follows.

(2) In section 119 F90

(a)in subsection (1)—

(i)in paragraph (b) after “Insolvency (Northern Ireland) Order 1989;” omit “or”; and

(ii)at the end of paragraph (c) insert—

; or

(d)subsection (1A) is satisfied.;

(b)after subsection (1) insert—

(1A) This subsection is satisfied if—

(a)a request has been made for the first opening of collective proceedings—

(i)based on the insolvency of the employer, as provided for under the laws, regulations and administrative provisions of a member State; and

(ii)involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task; and

(b)the competent authority has—

(i)decided to open the proceedings; or

(ii)established that the employer's undertaking or business has been definitively closed down and the available assets of the employer are insufficient to warrant the opening of the proceedings.

(1B) For the purposes of subsection (1A)—

(a)liquidator or person performing a similar task” includes the official receiver or an administrator, trustee in bankruptcy, judicial factor, supervisor of a voluntary arrangement, or person performing a similar task;

(b)competent authority” includes—

(i)a court,

(ii)a meeting of creditors,

(iii)a creditors' committee,

(iv)the creditors by a decision procedure, and

(v)an authority of a member State empowered to open insolvency proceedings, to confirm the opening of such proceedings or to take decisions in the course of such proceedings.

(1C) An application under section 120 may only be made in respect of a worker who worked or habitually worked in Northern Ireland in that employment to which the application relates..

F90Section 119 was amended by paragraph 15 of Schedule 10 and Schedule 11 to the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), paragraph 53 of Schedule 2 and Schedule 9 to the Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)) and section 41(2) of the Pensions Act (Northern Ireland) 2015 (c. 5 (N.I.)).

Commencement Information

I230Sch. para. 256 in force at 31.1.2019, see reg. 1(2)(c)

PART 13U.K.Further amendments to the Employment Rights (Northern Ireland) Order 1996 and the Pension Schemes (Northern Ireland) Act 1993

Amendments to the Employment Rights (Northern Ireland) Order 1996U.K.

257.—(1) The Employment Rights (Northern Ireland) Order 1996 is amended as follows.

(2) In Article 201 (as amended by paragraph 255(2))—

(a)in paragraph (5)—

(i)in sub-paragraph (a) for “(6) or (8A)” substitute “ (6), (8ZA) or (8A) ”;

(ii)in sub-paragraph (b) for “(7) or (8A)” substitute “ (7), (8ZA) or (8A) ”;

(iii)in sub-paragraph (c) for “(8) or (8A)” substitute “ (8), (8ZA) or (8A) ”;

(iv)in sub-paragraph (d) for “(8A)” substitute “ (8ZA) or (8A) ”;

(b)after paragraph (8) insert—

(8ZA) This paragraph is satisfied in the case of an employer if—

(a)the employer is a legal person,

(b)a request has been made for the first opening of collective proceedings—

(i)based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and

(ii)involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and

(c)any of the following has decided to open the proceedings—

(i)a court,

(ii)a meeting of creditors, or

(iii)the creditors by a decision procedure.;

(c)in paragraph (8B) for “paragraph (8A)” substitute “ this Article ”.

(3) In Article 228 (as amended by paragraph 255(3))—

(a)in paragraph (1)—

(i)in sub-paragraph (a) for “(2) or (4A)” substitute “ (2), (4ZA) or (4A) ”;

(ii)in sub-paragraph (b) for “(3) or (4A)” substitute “ (3), (4ZA) or (4A) ”;

(iii)in sub-paragraph (c) for “(4) or (4A)” substitute “ (4), (4ZA) or (4A) ”;

(iv)in sub-paragraph (d) for “(4A)” substitute “ (4ZA) or (4A) ”;

(b)after paragraph (4) insert—

(4ZA) This paragraph is satisfied in the case of an employer if—

(a)the employer is a legal person,

(b)a request has been made for the first opening of collective proceedings—

(i)based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and

(ii)involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and

(c)any of the following has decided to open the proceedings—

(i)a court,

(ii)a meeting of creditors, or

(iii)the creditors by a decision procedure.;

(c)in paragraph (4B) for “paragraph (4A)” substitute “ this Article ”.

Commencement Information

I231Sch. para. 257 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Amendments to the Pension Schemes (Northern Ireland) Act 1993U.K.

258.—(1) The Pension Schemes (Northern Ireland) Act 1993 is amended as follows.

(2) In section 119 (as amended by paragraph 256(2))—

(a)in subsection (1)(d) for “(1A)” substitute “ (1ZA) or (1A) ”;

(b)after subsection (1) insert—

(1ZA) This subsection is satisfied in the case of an employer if—

(a)the employer is a legal person,

(b)a request has been made for the first opening of collective proceedings—

(i)based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and

(ii)involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and

(c)any of the following has decided to open the proceedings—

(i)a court,

(ii)a meeting of creditors, or

(iii)the creditors by a decision procedure.; and

(c)in subsection (1B) for “subsection (1A)” substitute “ this section ”.

Commencement Information

I232Sch. para. 258 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

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