The Insolvency (Amendment) (EU Exit) Regulations 2019 No. 146

SCHEDULE U.K.

[F1 PART 8A U.K. Amendments to the Insolvency (Scotland) (Receivership and Winding up) Rules 2018

Textual Amendments

F1 Sch. Pts. 8A, 8B inserted (31.12.2020) by The Insolvency (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1459), reg. 1(2), Sch. para. 6; 2020 c. 1, Sch. 5 para. 1(1)

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;”.]