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The Insolvency Amendment (EU 2015/848) Regulations 2017

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  1. Introductory Text

  2. 1.Citation and Commencement

  3. 2.Amendments and extent

  4. 3.Temporal application

  5. 4.Saving

  6. Signature

    1. SCHEDULE

      1. PART 1 Amendments to the Insolvency Act 1986

        1. 1.The Insolvency Act 1986 is amended as follows.

        2. 2.In section 1 (those who may propose an arrangement) in...

        3. 3.In section 106 (final account prior to dissolution) after subsection...

        4. 4.In section 117 (High Court and county court jurisdiction) in...

        5. 5.In section 120 (Court of Session and sheriff court jurisdiction)...

        6. 6.In section 124 (application for winding up) in subsection (1)...

        7. 7.In section 146 (final account) after subsection (5) insert—

        8. 8.After section 146 insert— Official receiver’s duty to send statement...

        9. 9.(1) Section 201 (dissolution on voluntary winding up) is amended...

        10. 10.(1) Section 202 (early dissolution: England and Wales) is amended...

        11. 11.In section 203 (consequence of notice under section 202), in...

        12. 12.(1) Section 205 (dissolution otherwise than under sections 202 to...

        13. 13.In section 221 (winding up of unregistered companies) in subsection...

        14. 14.In section 225 (company incorporated outside Great Britain may be...

        15. 15.In section 240 (“relevant time” under sections 238 and 239)...

        16. 16.In section 247 (meaning of “insolvency” and “go into liquidation”)...

        17. 17.In section 251 (expressions used generally) at the appropriate places...

        18. 18.In section 263I (debtors against whom an adjudicator may make...

        19. 19.In section 264 (who may present a bankruptcy petition)—

        20. 20.In section 265 (creditor’s petition: debtors against whom the court...

        21. 21.In section 330 (final distribution) in subsection (6) for “Article...

        22. 22.In section 387 (meaning of “the relevant date”) in subsections...

        23. 23.In section 388 (meaning of “act as an insolvency practitioner”)...

        24. 24.In section 411 (company insolvency rules) in subsections (1), (2A)...

        25. 25.In section 412 (individual insolvency rules (England and Wales)) in...

        26. 26.In section 420 (insolvent partnerships) in subsections (1A) and (1B)...

        27. 27.In section 421 (insolvent estates of deceased persons) in subsections...

        28. 28.In section 436 (expressions used generally) in subsection (1)—

        29. 29.In section 436A (proceedings under EC Regulation: modified definition of...

        30. 30.(1) Schedule B1 (administration) is amended as follows.

        31. 31.In Schedule B1 (administration) in paragraph 111(1B) for the words...

      2. PART 2 Amendments to the Insolvency (England and Wales) Rules 2016

        1. 32.Amendments to the Insolvency Rules 2016

        2. Rule 1.2 (defined terms)

        3. 35.Rule 2.14 (documents filed with the court to obtain a moratorium (paragraph 7(1) of type=start slip=2017-08-01 time=1502099918700Schedule A1))type=end slip=2017-08-01 time=1502099918700

        4. 36.Rule 2.25 (CVA: consideration of proposal: common requirements (type=start slip=2017-08-01 time=1502099952013section 3))type=end slip=2017-08-01 time=1502099952013

        5. 37.Rule 3.51 (order of priority)

        6. 38.Rule 6.42 (general rule as to priority)

        7. 39.Rule 7.33 (application for the appointment of provisional liquidator (type=start slip=2017-08-01 time=1502099979638section 135))type=end slip=2017-08-01 time=1502099979638

        8. 40.Rule 7.108 (general rule as to priority)

        9. 41.Rule 8.19 (IVA: Nominee’s report (section type=start slip=2017-08-01 time=1502100087390256A))type=end slip=2017-08-01 time=1502100087390

        10. 42.Rule 10.49 (application for the appointment of interim receiver (section 286))

        11. 43.Rule 10.149 (general rule as to priority)

        12. 44.Rule 15.11 (Notice of decision procedures or of seeking deemed consent: when and to whom delivered)

        13. 45.Part 21

        14. 46.Interpretation for Part 21

        15. 47.Standard contents of applications to court under the EU Regulation

        16. Conversion into winding-up proceedings or bankruptcy: application

        17. 49.Confirmation of creditors’ voluntary winding up: application

        18. 50.Member state liquidator: duty to give notice

        19. 51.Member State liquidator: rules on creditors’ participation in proceedings

        20. 52.After rule 21.8 insert the following— Main proceedings in England...

      3. PART 3 Other amendments: England and Wales

        1. 53.Land Registration Rules 2003

        2. 54.Civil Proceedings Fees Order 2008

      4. PART 4 Amendments to the Insolvency Act 1986 extending to Scotland only

        1. 55.The Insolvency Act 1986 is amended as follows.

        2. 56.In section 106 (final meeting prior to dissolution) after subsection...

        3. 57.In section 172 (liquidator vacating office in winding up by...

        4. 58.(1) In section 201 (dissolution (voluntary winding up)) in subsection...

        5. 59.In section 204 (early dissolution: Scotland) after subsection (4) insert—...

        6. 60.(1) In section 205 (dissolution otherwise than under sections 202...

      5. PART 5 Amendments to the Insolvency (Scotland) Rules 1986

        1. 61.The Insolvency (Scotland) Rules 1986

        2. 62.Rule 0.2 Interpretation

        3. 63.Rule 1.3 Contents of proposal

        4. 64.Rule 1.7 Nominee’s report on the proposal

        5. 65.Rule 1.10 preparation of proposal

        6. 66.Rule 1.17 Report of meetings

        7. 67.Rule 1.28 the nominee’s statement

        8. 68.Documents submitted to the court to obtain a moratorium

        9. 69.Part 1 Chapter 8: EC Regulation – Conversion of voluntary Arrangement into Winding Up

        10. 70.Rule 1.46 Application for conversion into winding up

        11. 71.Rule 1.47 Contents of affidavit

        12. 72.Part 1 Chapter 9: EC Regulation – Member State Liquidator

        13. 73.Rule 1.49 Notice to member State liquidator

        14. 74.Rule 2.1: Introductory and interpretation

        15. 75.Rule 2.2: Form of application

        16. 76.Rule 2.25 : Administrator’s proposals

        17. 77.Part 2 Chapter 12: EC Regulation – Conversion of Administration into Winding Up

        18. 78.Rule 2.57 Application for conversion into winding up

        19. 79.Rule 2.58 Contents of affidavit

        20. 80.Part 2 Chapter 13: EC Regulation —type=start slip=2017-08-01 time=1502100813029member State liquidatortype=end slip=2017-08-01 time=1502100813029

        21. 81.Rule 2.60 Interpretation of creditor and notice to member State liquidator

        22. 82.Rule 4.67 (order of priority of expenses of liquidation)

        23. 83.Rule 4.75A (electronic measures - application)

        24. 84.Part 4 Chapter 14: EC Regulation – member State liquidator

        25. 85.Winding up – member State liquidator

        26. 86.Part 4 Chapter 15

        27. 87.Confirmation of creditors’ voluntary winding up: application

        28. 88.type=start slip=2017-08-01 time=1502100850139Member State liquidatortype=end slip=2017-08-01 time=1502100850139: duty to give notice

        29. 89.type=start slip=2017-08-01 time=1502100907672Member State liquidatortype=end slip=2017-08-01 time=1502100907672: interpretation of creditor

        30. 90.EU Regulation – undertakings and group proceedings etc.

        31. 91.Forms

      6. PART 6 Other amendments England, Wales and Scotland

        1. 92.Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016

        2. 93.The Pension Protection Fund (Entry Rules) Regulations 2005

        3. 94.Cross-Border Insolvency Regulations 2006

        4. 95.Regulated Covered Bonds Regulations 2008

      7. PART 7 Northern Ireland

        1. 96.Amendments to the Insolvency (Northern Ireland) Order 1989

        2. 97.In Article 3 (meaning of “act as insolvency practitioner”) in...

        3. 98.In Article 6 (interpretation: “insolvency” and “go into liquidation”) in...

        4. 99.In Article 14 (those who may propose an arrangement) in...

        5. 100.In Article 80 (final meeting prior to dissolution) after paragraph...

        6. 101.In Article 104 (application for winding up) for the words...

        7. 102.In Article 124 (duty to summon final meeting) after paragraph...

        8. 103.After Article 124 insert— Official receiver’s duty to send statement...

        9. 104.(1) Article 166 (dissolution (voluntary winding up)) is amended as...

        10. 105.(1) Article 167 (early dissolution) is amended as follows.

        11. 106.In Article 168 (consequence of notice under Article 167), in...

        12. 107.(1) Article 169 (dissolution otherwise than under Article 167) is...

        13. 108.In Article 185 (winding up of unregistered companies) in paragraph...

        14. 109.In Article 189 (company incorporated outside Northern Ireland) may be...

        15. 110.In Article 204 (“relevant time” under Articles 202, 203) in...

        16. 111.In Article 238 (who may present a bankruptcy petition)—

        17. 112.In Article 239 (conditions to be satisfied in respect of...

        18. 113.In Article 303 (final distribution) in paragraph (6) for “Article...

        19. 114.In Article 347 (the “relevant date”) in paragraphs (3)(aa) and...

        20. 115.In Article 359 (Insolvency rules) in paragraphs (1), (2A) and...

        21. 116.In Article 364 (Insolvent partnerships) in paragraphs (1A) and (1B)...

        22. 117.In Article 365 (Insolvent estates of deceased persons) in paragraphs...

        23. 118.Schedule B1 (administration) is amended as follows.

        24. 119.(1) In paragraph 85 (moving from administration to dissolution) after...

        25. 120.In Schedule B1 (administration) in paragraph 1 (1B) for the...

      8. PART 8 Northern Ireland

        1. 121.Amendments to the Insolvency Rules (Northern Ireland) 1991

        2. 122.Rule 1.09 (Summoning of meetings under Article 16)

        3. 123.Rule 1.31 (application for conversion into winding up)

        4. 124.Rule 1.32 (contents of affidavit)

        5. 125.Rule 1.33 (power of court)

        6. 126.Interpretation of creditor and notice to member State liquidator

        7. 127.Documents submitted to the court to obtain moratorium

        8. 128.Rule 2.068 (expenses of the Administration)

        9. 129.Rules 2.131 (application for conversion into winding-up)

        10. 130.Rule 2.132 (contents of affidavit)

        11. 131.Rule 2.133 (power of court)

        12. 132.Interpretation of creditor and notice to member State liquidator

        13. 133.After Rule 2.134 insert the following— Main proceedings in Northern...

        14. 134.Rule 4.027 (Appointment of provisional liquidator)

        15. 135.Rule 4.228 (General Rule as to priority)

        16. 136.Rule 5.14 (Nominee’s report to the court)

        17. 137.Chapter 13 of Part 5

        18. 138.Rule 5.61 (Application for conversion of voluntary arrangement into bankruptcy)

        19. 139.Rule 5.62 (contents of affidavit)

        20. 140.Rule 6.049 (Application for the appointment of interim receiver)

        21. 141.Rule 6.222 (General Rule as to priority)

        22. 142.Rule 7.56 (Application for confirmation)

      9. PART 9 Consequential amendments Northern Ireland

        1. 143.Amendments to the Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005

        2. 144.Cross-Border Insolvency Regulations (Northern Ireland) 2007

  8. Explanatory Note

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