The Insolvency Amendment (EU 2015/848) Regulations 2017

Rule 1.2 (defined terms) U.K.

[Note: The note appearing after the definition of “document” should be replaced by: “[Note: EU Regulation is defined for the purposes of these Rules by section 436 of the Act as Regulation (EU) 2015/848 of the European Parliament and of the Council].

33.  In rule 1.2(2)— U.K.

(a) in the definition of “Article 1.2 undertaking” for “Council Regulation (EC) No. 1346/2000 (“the EC Regulations”)” substitute “Regulation (EU) 2015/848 of the European Parliament and of the Council” (“the EU Regulations”)”and for footnote “(a)” substitute “OJEU L141/19, 5.6.2015;”;

(b) for the definition of “main proceedings” substitute—

““main proceedings” means proceedings opened in accordance with Article 3(1) of the EU Regulation and falling within the definition of insolvency proceedings in Article 2(4) of that Regulation and which—

(a)

in relation to England and Wales, are set out in Annex A to that Regulation under the heading “United Kingdom”; and

(b)

in relation to another member State, are set out under the heading relating to that member State;”

(c) in the definition of “member State liquidator” for “a person falling within the definition of liquidator in Article 2(b)” substitute “a person falling within the definition of “insolvency practitioner” in Article 2(5)” and for the two references to the “EC Regulation” substitute the “EU Regulation”;

(d) in the definition of “non-EC proceedings” for that term substitute “non-EU proceedings”;

(e) for the definition of “secondary proceedings” substitute—

““secondary proceedings” means proceedings opened in accordance with Article 3(2) and (3) of the EU Regulation and falling within the definition of insolvency proceedings in Article 2(4) of that Regulation and which—

(a)

in relation to England and Wales, are set out are set out in Annex A to that Regulation under the heading "United Kingdom";

(b)

and in relation to another member State are set out under the heading relating to that member State”;

(f) for the definition of “territorial proceedings” substitute—

““territorial proceedings” means proceedings opened in accordance with Article 3(2) and (4) of the EU Regulation and falling within the definition of insolvency proceedings in Article 2(4) of that Regulation and which—

(a)

in relation to England and Wales, are set out in Annex A to the EU Regulation under the heading "United Kingdom"; and

(b)

in relation to another member State, are set out under the heading relating to that member State;”

Commencement Information

I1 Sch. para. 33 in force at 26.6.2017, see reg. 1

34.—(1) Rule 1.20 (registrar of companies: covering notices) is amended as follows. U.K.

(2) After paragraph (1)(n) insert—

“(o) an undertaking given under Article 36 of the EU Regulation.”.

Commencement Information

I2 Sch. para. 34 in force at 26.6.2017, see reg. 1

Commencement Information

I1 Sch. para. 33 in force at 26.6.2017, see reg. 1

I2 Sch. para. 34 in force at 26.6.2017, see reg. 1