The Insolvency Amendment (EU 2015/848) Regulations 2017

1Citation and Commencement

2Amendments and extent

3Temporal application

PART 1Amendments to the Insolvency Act 1986

1The Insolvency Act 1986 is amended as follows.

2In section 1 (those who may propose an arrangement) in...

3In section 106 (final account prior to dissolution) after subsection...

4In section 117 (High Court and county court jurisdiction) in...

5In section 120 (Court of Session and sheriff court jurisdiction)...

6In section 124 (application for winding up) in subsection (1)...

7In section 146 (final account) after subsection (5) insert—

8After section 146 insert— Official receiver’s duty to send statement...

9(1) Section 201 (dissolution on voluntary winding up) is amended...

10(1) Section 202 (early dissolution: England and Wales) is amended...

11In section 203 (consequence of notice under section 202), in...

12(1) Section 205 (dissolution otherwise than under sections 202 to...

13In section 221 (winding up of unregistered companies) in subsection...

14In section 225 (company incorporated outside Great Britain may be...

15In section 240 (“relevant time” under sections 238 and 239)...

16In section 247 (meaning of “insolvency” and “go into liquidation”)...

17In section 251 (expressions used generally) at the appropriate places...

18In section 263I (debtors against whom an adjudicator may make...

19In section 264 (who may present a bankruptcy petition)—

20In section 265 (creditor’s petition: debtors against whom the court...

21In section 330 (final distribution) in subsection (6) for “Article...

22In section 387 (meaning of “the relevant date”) in subsections...

23In section 388 (meaning of “act as an insolvency practitioner”)...

24In section 411 (company insolvency rules) in subsections (1), (2A)...

25In section 412 (individual insolvency rules (England and Wales)) in...

26In section 420 (insolvent partnerships) in subsections (1A) and (1B)...

27In section 421 (insolvent estates of deceased persons) in subsections...

28In section 436 (expressions used generally) in subsection (1)—

29In section 436A (proceedings under EC Regulation: modified definition of...

30(1) Schedule B1 (administration) is amended as follows.

31In Schedule B1 (administration) in paragraph 111(1B) for the words...

PART 2Amendments to the Insolvency (England and Wales) Rules 2016

32Amendments to the Insolvency Rules 2016

Rule 1.2 (defined terms)

35Rule 2.14 (documents filed with the court to obtain a moratorium (paragraph 7(1) of type=start slip=2017-08-01 time=1502099918700Schedule A1))type=end slip=2017-08-01 time=1502099918700

36Rule 2.25 (CVA: consideration of proposal: common requirements (type=start slip=2017-08-01 time=1502099952013section 3))type=end slip=2017-08-01 time=1502099952013

37Rule 3.51 (order of priority)

38Rule 6.42 (general rule as to priority)

39Rule 7.33 (application for the appointment of provisional liquidator (type=start slip=2017-08-01 time=1502099979638section 135))type=end slip=2017-08-01 time=1502099979638

40Rule 7.108 (general rule as to priority)

41Rule 8.19 (IVA: Nominee’s report (section type=start slip=2017-08-01 time=1502100087390256A))type=end slip=2017-08-01 time=1502100087390

42Rule 10.49 (application for the appointment of interim receiver (section 286))

43Rule 10.149 (general rule as to priority)

44Rule 15.11 (Notice of decision procedures or of seeking deemed consent: when and to whom delivered)

46Interpretation for Part 21

47Standard contents of applications to court under the EU Regulation

Conversion into winding-up proceedings or bankruptcy: application

49Confirmation of creditors’ voluntary winding up: application

50Member state liquidator: duty to give notice

51Member State liquidator: rules on creditors’ participation in proceedings

52After rule 21.8 insert the following— Main proceedings in England...

PART 3Other amendments: England and Wales

53Land Registration Rules 2003

54Civil Proceedings Fees Order 2008

PART 4Amendments to the Insolvency Act 1986 extending to Scotland only

55The Insolvency Act 1986 is amended as follows.

56In section 106 (final meeting prior to dissolution) after subsection...

57In section 172 (liquidator vacating office in winding up by...

58(1) In section 201 (dissolution (voluntary winding up)) in subsection...

59In section 204 (early dissolution: Scotland) after subsection (4) insert—...

60(1) In section 205 (dissolution otherwise than under sections 202...

PART 5Amendments to the Insolvency (Scotland) Rules 1986

61The Insolvency (Scotland) Rules 1986

62Rule 0.2 Interpretation

63Rule 1.3 Contents of proposal

64Rule 1.7 Nominee’s report on the proposal

65Rule 1.10 preparation of proposal

66Rule 1.17 Report of meetings

67Rule 1.28 the nominee’s statement

68Documents submitted to the court to obtain a moratorium

69Part 1 Chapter 8: EC Regulation – Conversion of voluntary Arrangement into Winding Up

70Rule 1.46 Application for conversion into winding up

71Rule 1.47 Contents of affidavit

72Part 1 Chapter 9: EC Regulation – Member State Liquidator

73Rule 1.49 Notice to member State liquidator

74Rule 2.1: Introductory and interpretation

75Rule 2.2: Form of application

76Rule 2.25 : Administrator’s proposals

77Part 2 Chapter 12: EC Regulation – Conversion of Administration into Winding Up

78Rule 2.57 Application for conversion into winding up

79Rule 2.58 Contents of affidavit

80Part 2 Chapter 13: EC Regulation —type=start slip=2017-08-01 time=1502100813029member State liquidatortype=end slip=2017-08-01 time=1502100813029

81Rule 2.60 Interpretation of creditor and notice to member State liquidator

82Rule 4.67 (order of priority of expenses of liquidation)

83Rule 4.75A (electronic measures - application)

84Part 4 Chapter 14: EC Regulation – member State liquidator

85Winding up – member State liquidator

86Part 4 Chapter 15

87Confirmation of creditors’ voluntary winding up: application

88type=start slip=2017-08-01 time=1502100850139Member State liquidatortype=end slip=2017-08-01 time=1502100850139: duty to give notice

89type=start slip=2017-08-01 time=1502100907672Member State liquidatortype=end slip=2017-08-01 time=1502100907672: interpretation of creditor

90EU Regulation – undertakings and group proceedings etc.

PART 6Other amendments England, Wales and Scotland

92Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016

93The Pension Protection Fund (Entry Rules) Regulations 2005

94Cross-Border Insolvency Regulations 2006

95Regulated Covered Bonds Regulations 2008

PART 7Northern Ireland

96Amendments to the Insolvency (Northern Ireland) Order 1989

97In Article 3 (meaning of “act as insolvency practitioner”) in...

98In Article 6 (interpretation: “insolvency” and “go into liquidation”) in...

99In Article 14 (those who may propose an arrangement) in...

100In Article 80 (final meeting prior to dissolution) after paragraph...

101In Article 104 (application for winding up) for the words...

102In Article 124 (duty to summon final meeting) after paragraph...

103After Article 124 insert— Official receiver’s duty to send statement...

104(1) Article 166 (dissolution (voluntary winding up)) is amended as...

105(1) Article 167 (early dissolution) is amended as follows.

106In Article 168 (consequence of notice under Article 167), in...

107(1) Article 169 (dissolution otherwise than under Article 167) is...

108In Article 185 (winding up of unregistered companies) in paragraph...

109In Article 189 (company incorporated outside Northern Ireland) may be...

110In Article 204 (“relevant time” under Articles 202, 203) in...

111In Article 238 (who may present a bankruptcy petition)—

112In Article 239 (conditions to be satisfied in respect of...

113In Article 303 (final distribution) in paragraph (6) for “Article...

114In Article 347 (the “relevant date”) in paragraphs (3)(aa) and...

115In Article 359 (Insolvency rules) in paragraphs (1), (2A) and...

116In Article 364 (Insolvent partnerships) in paragraphs (1A) and (1B)...

117In Article 365 (Insolvent estates of deceased persons) in paragraphs...

118Schedule B1 (administration) is amended as follows.

119(1) In paragraph 85 (moving from administration to dissolution) after...

120In Schedule B1 (administration) in paragraph 1 (1B) for the...

PART 8Northern Ireland

121Amendments to the Insolvency Rules (Northern Ireland) 1991

122Rule 1.09 (Summoning of meetings under Article 16)

123Rule 1.31 (application for conversion into winding up)

124Rule 1.32 (contents of affidavit)

125Rule 1.33 (power of court)

126Interpretation of creditor and notice to member State liquidator

127Documents submitted to the court to obtain moratorium

128Rule 2.068 (expenses of the Administration)

129Rules 2.131 (application for conversion into winding-up)

130Rule 2.132 (contents of affidavit)

131Rule 2.133 (power of court)

132Interpretation of creditor and notice to member State liquidator

133After Rule 2.134 insert the following— Main proceedings in Northern...

134Rule 4.027 (Appointment of provisional liquidator)

135Rule 4.228 (General Rule as to priority)

136Rule 5.14 (Nominee’s report to the court)

137Chapter 13 of Part 5

138Rule 5.61 (Application for conversion of voluntary arrangement into bankruptcy)

139Rule 5.62 (contents of affidavit)

140Rule 6.049 (Application for the appointment of interim receiver)

141Rule 6.222 (General Rule as to priority)

142Rule 7.56 (Application for confirmation)

PART 9Consequential amendments Northern Ireland

143Amendments to the Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005

144Cross-Border Insolvency Regulations (Northern Ireland) 2007

2017 No. 702

Insolvency

Companies

Individuals

The Insolvency Amendment (EU 2015/848) Regulations 2017

Made21st June 2017

Laid before Parliament23rd June 2017

Coming into force26th June 2017

The Secretary of State, being designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to insolvency1 makes the following Regulations in exercise of the powers conferred upon him by that section.