The Cross-Border Insolvency Regulations 2006
116. In the Cross-Border Insolvency Regulations 2006(1)—
(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”.
S.I. 2006/1030, amended by S.I. 2009/1941.