SCHEDULE 2Amendments of subordinate legislation

The Cross-Border Insolvency Regulations 2006116

In the Cross-Border Insolvency Regulations 2006167—

a

in Schedule 2 (procedural matters in England and Wales)—

i

in paragraph 1—

aa

for sub-paragraph (6) substitute—

6

References in this Schedule to a debtor who is of interest to the Financial Conduct Authority are references to a debtor who—

a

is, or has been, an authorised person within the meaning of the Financial Services and Markets Act 2000;

b

is, or has been, an appointed representative within the meaning of section 39 of the Financial Services and Markets Act 2000; or

c

is carrying on, or has carried on, a regulated activity in contravention of the general prohibition.

6A

References in this Schedule to a debtor who is of interest to the Prudential Regulation Authority are references to a debtor who—

a

is, or has been, a PRA-authorised person within the meaning of the Financial Services and Markets Act 2000; or

b

is carrying on, or has carried on, a PRA-regulated activity within the meaning of the Financial Services and Markets Act 2000 in contravention of the general prohibition.

bb

in sub-paragraph (7), for “sub-paragraph (6)” substitute “sub-paragraphs (6) and (6A)”;

ii

in paragraph 21(2)—

aa

at the end of paragraph (h) omit “and”;

bb

for paragraph (i) substitute—

i

if the debtor is a debtor who is of interest to the Financial Conduct Authority, on that Authority; and

j

if the debtor is a debtor who is of interest to the Prudential Regulation Authority, on that Authority.

iii

for paragraph 25(1)(i) substitute—

i

if the debtor is a debtor who is of interest to the Financial Conduct Authority, that Authority;

ia

if the debtor is a debtor who is of interest to the Prudential Regulation Authority, that Authority; and

iv

for paragraph 26(3)(g) substitute—

g

if the debtor is a debtor who is of interest to the Financial Conduct Authority, to that Authority;

ga

if the debtor is a debtor who is of interest to the Prudential Regulation Authority, to that Authority;

b

in Schedule 3 (procedural matters in Scotland)—

i

in paragraph 1—

aa

for sub-paragraph (3) substitute—

3

References in this Schedule to a debtor who is of interest to the Financial Conduct Authority are references to a debtor who—

a

is, or has been, an authorised person within the meaning of the Financial Services and Markets Act 2000;

b

is, or has been, an appointed representative within the meaning of section 39 of the Financial Services and Markets Act 2000; or

c

is carrying on, or has carried on, a regulated activity in contravention of the general prohibition.

3A

References in this Schedule to a debtor who is of interest to the Prudential Regulation Authority are references to a debtor who—

a

is, or has been, a PRA-authorised person within the meaning of the Financial Services and Markets Act 2000; or

b

is carrying on, or has carried on, a PRA-regulated activity within the meaning of the Financial Services and Markets Act 2000 in contravention of the general prohibition.

bb

in sub-paragraph (4), for “sub-paragraph (3)” substitute “sub-paragraphs (3) and (3A)”;

ii

for paragraph 6(1)(i) substitute—

i

if the debtor is a debtor who is of interest to the Financial Conduct Authority, that Authority;

ia

if the debtor is a debtor who is of interest to the Prudential Regulation Authority, that Authority; and

iii

for paragraph 7(3)(g) substitute—

g

if the debtor is a debtor who is of interest to the Financial Conduct Authority, to that Authority;

ga

if the debtor is a debtor who is of interest to the Prudential Regulation Authority, to that Authority; and

c

in Schedule 5 (forms), in form ML6, for “Financial Services Authority” in each place substitute “Financial Conduct Authority and, where relevant, the Prudential Regulation Authority”.