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1.—(1) These Regulations may be cited as the European Grouping of Territorial Cooperation Regulations 2015.
(2) These Regulations come into force on 31st July 2015.
2.—(1) In these Regulations—
“the 2006 Act” means the Companies Act 2006(1);
“the 1986 Act” means the Insolvency Act 1986(2);
“the 1989 Order” means the Insolvency (Northern Ireland) Order 1989(3);
“the EU Regulation” means Regulation (EC) No 1082/2006 of the European Parliament and of the Council (4) as amended by Regulation (EU) 1302/2013 of the European Parliament and of the Council (5);
“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(6);
in the case of a UK ECTG with its registered office in Scotland, the Insolvency (Scotland) Rules 1986(7);
in the case of a UK EGTC with its registered office in Northern Ireland, the Insolvency Rules (Northern Ireland) 1991(8); and
“UK EGTC” means an EGTC which has a 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 and convention 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, as appropriate, a director or a 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 the 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 the UK EGTC provided for in its statutes or convention;
“registered office” means the office specified in the convention of an EGTC to be its registered office; and
“ordinary resolution”, “written resolution” and “general meeting” mean the procedures of a UK EGTC set out in its statutes and convention which most closely correspond to those things as provided for in the 2006 Act.
(3) Any other expressions used in these Regulations that are defined in the 2006 Act, or in relation to insolvency, by the 1986 Act or the 1989 Order have the meaning assigned to them by those provisions.
OJ No L 210, 31.7.2006, p,19
OJ No L 347, 20.12.2013, p.303
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