46. The Insolvency (England and Wales) Rules 2016 M1 are amended as follows.U.K.
Commencement Information
I1Sch. para. 46 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M1S.I. 2016/1024, relevant amendments were made by S.I. 2017/702.
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
I2Sch. 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 M2.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.”.
Commencement Information
I3Sch. para. 48 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M2Rule 1.7 has been amended by S.I. 2017/1115.
49. In rule 1.20 delete paragraph (1)(o).U.K.
Commencement Information
I4Sch. 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
I5Sch. 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) M3 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
I6Sch. para. 51 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M3In rule 2.14 paragraph (2A) was inserted by S.I. 2017/702 and amended by S.I. 2017/1115.
52. In rule 2.25 in paragraph (2A) M4 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
I7Sch. para. 52 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M4In rule 2.25 paragraph (2A) was inserted by S.I. 2017/702.
53. In rule 2.38 M5 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.
Commencement Information
I8Sch. para. 53 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M5In rule 2.38 paragraph (2)(d) was amended by S.I. 2017/1115.
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
I9Sch. 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
I10Sch. 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
I11Sch. 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
I12Sch. 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
I13Sch. 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
I14Sch. 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
I15Sch. 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
I16Sch. 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
I17Sch. 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
I18Sch. 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
I19Sch. 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
I20Sch. 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
I21Sch. 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
I22Sch. 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
I23Sch. 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
I24Sch. 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
I25Sch. 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
I26Sch. 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
I27Sch. 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
I28Sch. 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
I29Sch. 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
I30Sch. 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
I31Sch. 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
I32Sch. 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
I33Sch. 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
I34Sch. 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
I35Sch. 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
I36Sch. 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
I37Sch. 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
I38Sch. 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
I39Sch. 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
I40Sch. 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
I41Sch. 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
I42Sch. 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
I43Sch. 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
I44Sch. 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
I45Sch. 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
I46Sch. 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
I47Sch. 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
I48Sch. 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
I49Sch. 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
I50Sch. 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
I51Sch. 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
I52Sch. 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
I53Sch. 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
I54Sch. 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
I55Sch. 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
I56Sch. 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
I57Sch. 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
I58Sch. 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 M6.U.K.
Commencement Information
I59Sch. para. 104 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M6Part 21 was amended by S.I. 2017/702.
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
I60Sch. 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
I61Sch. 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
I62Sch. para. 107 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)