Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2008

Council Regulation on insolvency proceedings

9.—(1) The Judicial Factors Rules are amended in accordance with the following subparagraphs.

(2) In rule 2(1) (interpretation)(1)–

(a) after the definition of “the 1995 Act” insert–

“the Council Regulation” means Council Regulation (E.C.) 1346/2000 of 29th May 2000 on insolvency proceedings as it may be amended from time to time(2);”; and

(b) after the definition of “Accountant” insert–

““centre of main interests” has the same meaning as in the Council Regulation;

“establishment” has the same meaning as in Article 2(h) of the Council Regulation;

“main proceedings” means proceedings opened in accordance with Article 3(1) of the Council Regulation and falling within the definition of insolvency proceedings in Article 2(a) of the Council Regulation and–

(a)

in relation to England and Wales, Scotland and Northern Ireland, set out in Annex A to the Council Regulation under the heading “United Kingdom”; and

(b)

in relation to another member State, set out in Annex A to the Council Regulation under the heading relating to that member State;

“member State” means a member State of the European Community that has adopted the Council Regulation;

“territorial proceedings” means proceedings opened in accordance with Article 3(2) and 3(4) of the Council Regulation and falling within the definition of insolvency proceedings in Article 2(a) of the Council Regulation and–

(a)

in relation to England and Wales, Scotland and Northern Ireland, set out in Annex A to the Council Regulation under the heading “United Kingdom”; and

(b)

in relation to another member State, set out in Annex A to the Council Regulation under the heading relating to that member State.”.

(3) After rule 4 insert–

“Applications where grounds include insolvency

4.A.   Where an application is for the appointment of a factor to an individual or estate that is insolvent the application shall contain averments in relation to jurisdiction under the Council Regulation, in particular stating, so far as known to the applicant–

(a) where the centre of main interests of the individual or estate is and whether the individual or estate has any other establishments in another member State; and

(b) whether there are insolvency proceedings elsewhere and whether these proceedings are main or territorial proceedings.”.

(1)

Rule 2 was amended by S.I. 1997/206.

(2)

O.J. L 160, 30/06/2000 P. 0001-0018.