The European Grouping of Territorial Cooperation Regulations 2007

PART 1 GENERAL

Citation and commencement

1.—(1) These Regulations may be cited as the European Grouping of Territorial Cooperation Regulations 2007.

(2) These Regulations come into force on 1st August 2007.

Interpretation

2.—(1) In these Regulations—

“the 1985 Act” means the Companies Act 1985(1);

“the 1986 Act” means the Insolvency Act 1986(2);

“the 1989 Order” means the Insolvency (Northern Ireland) Order 1989(3);

“the EC Regulation” means Regulation (EC) No 1082/2006 of the European Parliament and of the Council on a European grouping of territorial cooperation(4);

“EGTC” means a European grouping of territorial cooperation formed under the EC Regulation;

“the Insolvency Rules” means in the case of a UK EGTC with its registered office in England and Wales the Insolvency Rules 1986(5), in the case of a UK EGTC with its registered office in Scotland the Insolvency (Scotland) Rules 1986(6), or in the case of a UK EGTC with its registered office in Northern Ireland the Insolvency Rules (Northern Ireland) 1991(7);

“UK EGTC” means an EGTC which has its registered office in the United Kingdom.

(2) In any provision of an enactment applied to a UK EGTC by virtue of these Regulations—

“articles” means the statutes of a UK EGTC;

“board of directors” means the assembly of a UK EGTC, and all the directors of a UK EGTC if more than one, and if only one, the director of a UK EGTC ;

“company” means a UK EGTC;

“director” or “past director” of a company means a director or former director of a UK EGTC, a member or former member of the assembly of a UK EGTC or any other person who has or has had control of management of a UK EGTC’s business;

“officer” means a director or a member of the assembly of a UK EGTC, or a member of any other organ of a UK EGTC provided for in its statutes;

“registered office” means the office specified in the convention of an EGTC to be its registered office;

“ordinary resolution”, “written resolution” and “general meeting” mean the procedures of a UK EGTC set out in its statutes which most closely correspond to those things as provided for in the 1985 Act,

and other expressions used in these Regulations and defined by section 744 of the 1985 Act or, in relation to insolvency, by the 1986 Act or the 1989 Order have the meanings assigned to them by those provisions.

(1)

1985 c.6.

(2)

1986 c.45.

(3)

S.I. 1989/2405 (N.I.9).

(4)

O.J. No L210, 31.7.2006, p.19.

(5)

S.I. 1986/1925.

(6)

S.I. 1986/1915.

(7)

S.R. 1991 No.364.