F2“appropriate bank or institution” means—

1. a

   the Bank of England,

2. b

   a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits,

3. c

   an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to accept deposits, or

4. d

   a person who is exempt from the general prohibition in respect of accepting deposits as a result of an exemption order made under section 38(1) of that Act,

and the expressions in this definition must be read with section 22 of the Financial Services and Markets Act 2000, any relevant order under that section and Schedule 2 to that Act;

• “act and warrant” means an act and warrant issued under section 25(2) of, or paragraph 2(2) of Schedule 2 to, this Act;

• “associate” shall be construed in accordance with section 74 of this Act;

• “business” means the carrying on of any activity, whether for profit or not;

• F3“centre of main interests” has the same meaning as in the EC Regulation;

• “commissioner”, except in the expression “examining commissioner”, shall be construed in accordance with section 30(1) of this Act;

• “court” means Court of Session or sheriff;

• F4“creditor” includes a member State liquidator deemed to be a creditor under section 60A of this Act;

• “date of sequestration” has the meaning assigned by section 12(4) of this Act;

• “debtor” includes, without prejudice to the expression’s generality, an entity whose estate may be sequestrated by virtue of section 6 of this Act, a deceased debtor or his executor or a person entitled to be appointed as executor to a deceased debtor;

• F5“the EC Regulation” means Council Regulation (EC) No. 1346/2000 of 29th May 2000 on insolvency proceedings M1;

• F6“establishment” has the meaning given by Article 2(h) of the EC Regulation;

• “examination” means a public examination under section 45 of this Act or a private examination under section 44 of this Act;

• “examining commissioner” shall be construed in accordance with section 46(2) of this Act;

• “interim trustee” shall be construed in accordance with section 2 of this Act;

• “” F7. . .

• F8“main proceedings” means proceedings opened in accordance with Article 3(1) of the EC Regulation and falling within the definition of insolvency proceedings in Article 2(a) of the EC Regulation and–

  1. a

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

  2. b

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

• F9“member State liquidator” means a person falling within the definition of liquidator in Article 2(b) of the EC Regulation appointed in proceedings to which it applies in a member State other than the United Kingdom;

• “ordinary debt” shall be construed in accordance with section 51(1)(f) of this Act;

• “permanent trustee” shall be construed in accordance with section 3 of this Act;

• “postponed debt” has the meaning assigned by section 51(3) of this Act;

• “preferred debt” has the meaning assigned by section 51(2) of this Act;

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “protected trust deed” shall be construed in accordance with paragraph 8 of Schedule 5 to this Act;

• “qualified creditor” and “qualified creditors” shall be construed in accordance with section 5(4) of this Act;

• “qualified to act as an insolvency practitioner” means being, in accordance with section 2 of the M2Insolvency Act 1985 (qualifications of insolvency practitioners), so qualified:

• Provided that, until the coming into force of that section the expression shall instead mean satisfying such requirements (which, without prejudice to the generality of this definition, may include requirements as to the finding of caution) as may be prescribed for the purposes of this Act;

• “register of insolvencies” has the meaning assigned by section F101A(1)(b) of this Act;

• “relevant person” has the meaning assigned by section 44(1)(b) of this Act;

• F11“secondary proceedings” means proceedings opened in accordance with Articles 3(2) and 3(3) of the EC Regulation and falling within the definition of winding-up proceedings in Article 2(c) of the EC Regulation, and–

  1. a

     in relation to England and Wales and Scotland, set out in Annex B to the EC Regulation under the heading “United Kingdom”; and

  2. b

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

• “secured creditor” means a creditor who holds a security for his debt over any part of the debtor’s estate;

• “security” means any security, heritable or moveable, or any right of lien, retention or preference;

• “sederunt book” means the sederunt book maintained under section 3(1)(e) of this Act;

• F12. . .

• F13“statement of assets and liabilities” means a document (including a copy of a document) in such form as may be prescribed containing—

  1. i

     a list of the debtor’s assets and liabilities;

  2. ii

     a list of his income and expenditure; and

  3. iii

     such other information as may be prescribed;

• “statutory meeting” has the meaning assigned by section F14section 20A of this Act;

• F12. . .

• F15“temporary administrator” means a temporary administrator referred to by Article 38 of the EC Regulation; and

• F16“territorial proceedings” means proceedings opened in accordance with Articles 3(2) and 3(4) of the EC Regulation and falling within the definition of insolvency proceedings in Article 2(a) of the EC Regulation, and–

  1. a

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

  2. b

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

• F17“trust deed” has the meaning assigned by section 5(4A) of this Act;

• “unfair preference” means a preference created as is mentioned in subsection (1) of section 36 of this Act by a transaction to which subsection (4) of that section applies.