2019 No. 146
Exiting The European Union
Insolvency
The Insolvency (Amendment) (EU Exit) Regulations 2019
Made 30th January 2019
Coming into force in accordance with regulation 1(2) and (3)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 and section 2(2) of the European Communities Act 1972 .
2018 c. 16.
1978 c. 68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3 and the Schedule to `the European Union (Amendment) Act 2008 (c. 7).
The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to insolvency and the protection of employees in the event of the insolvency of their employers .
The Secretary of State is designated by the European Communities (Designation) (No. 3) Order 2001 S.I. 2001/3495.
The Secretary of State is designated by the European Communities (Designation) (No. 2) Order 2005 S.I. 2005/1971.
In accordance with paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018 and paragraph 2(2) of Schedule 2 to the European Communities Act 1972 a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.

1 Citation and commencement
1 These Regulations may be cited as the Insolvency (Amendment) (EU Exit) Regulations 2019.
2 The following provisions of these Regulations come into force on the day after these Regulations are made—
(a) regulation 2 as it relates—
(i) to paragraph 177 of the Schedule, and
(ii) Part 12 of the Schedule,
(b) paragraph 177 of the Schedule, and
(c) Part 12 of the Schedule.
3 The remainder of these Regulations come into force on exit day.
Reg. 1 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

2 Amendments
The Schedule has effect.
Reg. 2 in force at 31.1.2019 for specified purposes, see reg. 1(2)(a)
Reg. 2 in force, in so far as not already in force, on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

3 Extent and application
Any provision of these Regulations amending or applying an enactment has the same extent as the enactment amended or applied, except that—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 3(a) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1459), reg. 1(2), Sch. para. 2(a); 2020 c. 1, Sch. 5 para. 1(1)
(b) the amendments made to the Insolvency Act 1986 by Part 7 of the Schedule apply to Scotland only.
Words in reg. 3(b) substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1459), reg. 1(2), Sch. para. 2(b); 2020 c. 1, Sch. 5 para. 1(1)
Reg. 3 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

4 Temporal application and savings
1 ... Nothing in these Regulations affects—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 4(1)(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/647), regs. 1(2), 2(a)(i)
(b) the saving for the existing law in article 3 of the Insolvency Amendment (EU 2015/848) Regulations 2017 .
S.I. 2017/702.
Words in reg. 4(1) omitted (31.12.2020 immediately before IP completion day) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/647), regs. 1(2), 2(a)(i)
2 The amendments made by these Regulations do not apply in respect of any insolvency proceedings and actions falling within Article 67(3)(c) of the withdrawal agreement.
Reg. 4(2) substituted (31.12.2020 immediately before IP completion day) by The Insolvency (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/647), regs. 1(2), 2(a)(ii)
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 4(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/647), regs. 1(2), 2(a)(iii)
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 4(4) omitted (31.12.2020 immediately before IP completion day) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/647), regs. 1(2), 2(a)(iii)
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 4(5) omitted (31.12.2020 immediately before IP completion day) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/647), regs. 1(2), 2(a)(iii)
Reg. 4 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 5 omitted (31.12.2020 immediately before IP completion day) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/647), regs. 1(2), 2(b)
Kelly Tolhurst Minister for Small Business, Consumer and Corporate Responsibility Department for Business, Energy & Industrial Strategy
SCHEDULE
Regulation 2

PART 1 Amendment of retained direct EU legislation

1 Amendments to the EU Insolvency Regulation
Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings is amended as follows.
Sch. para. 1 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
2 (1) Article 1 is amended as follows.
(2) For the heading substitute “ Application and jurisdiction ”.
(3) For paragraph 1 substitute—

“1 The grounds for jurisdiction to open insolvency proceedings set out in paragraph 1B are in addition to any grounds for jurisdiction to open such proceedings which apply in the laws of any part of the United Kingdom.
1A There is jurisdiction to open insolvency proceedings listed in paragraph 1B where the proceedings are opened for the purposes of rescue, adjustment of debt, reorganisation or liquidation and—
(a) the centre of the debtor's main interests is in the United Kingdom; or
(b) the centre of the debtor's main interests is in a Member State and there is an establishment in the United Kingdom.
1B The proceedings referred to in paragraph 1 are—
(a) winding up by or subject to the supervision of the court;
(b) creditors' voluntary winding up with confirmation by the court;
(c) administration, including appointments made by filing prescribed documents with the court;
(d) voluntary arrangements under insolvency legislation; and
(e) bankruptcy or sequestration.”

.
(4) In paragraph 2 for “Directive 2001/24/EC” substitute “ the Credit Institutions (Reorganisation and Winding up) Regulations 2004 ”.
S.I. 2004/1045. There are amending instruments but none is relevant to this instrument.
Sch. para. 2 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
3 In Article 2—
(a) insert the following paragraph—

“1A “Member State” means a state which is a member of the EU other than    Denmark;”

;
(b) omit paragraphs (1) and (3);
(c) in paragraph (4) for “listed in Annex A” substitute “ listed in Article 1(1B) which there is jurisdiction to open under Article 1(1A) and includes interim proceedings ”;
(d) in paragraph (6)—
(i) omit point (i); and
(ii) in point (ii) omit “in all other articles,” and “of a Member State”;
(e) omit paragraph (9);
(f) in paragraph (10) omit “main”;
(g) omit paragraphs (11) to (14).
Sch. para. 3 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
4 (1) Article 3 is amended as follows.
(2) For the heading “International jurisdiction” substitute “ Centre of main interests ”.
(3) In paragraph 1—
(a) in the first sub-paragraph omit the first sentence;
(b) in the second sub-paragraph for “to another Member State” substitute “ from the United Kingdom to a Member State or to the United Kingdom from a Member State ”;
(c) in the third sub-paragraph for “to another Member State” substitute “ from the United Kingdom to a Member State or to the United Kingdom from a Member State ”;
(d) in the fourth sub-paragraph for “to another Member State” substitute “ from the United Kingdom to a Member State or to the United Kingdom from a Member State ”;
(4) Omit paragraphs 2 to 4.
Sch. para. 4 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
5 (1) Article 4 is amended as follows.
(2) In paragraph 1—
(a) in the first sentence for “Article 3” substitute “ Article 1(1A) (a) or (b) ”; and
(b) for the second sentence substitute “ Where there is jurisdiction to open insolvency proceedings on either of the grounds specified in Article 1(1A)(a) or (b), the judgment opening such proceedings must state which of those grounds is applicable. ”.
(3) In paragraph 2—
(a) in the first sentence—
(i) omit “in accordance with national law” and “Member States may entrust”;
(ii) for the words from “to examine” to the end of the sentence substitute “ must examine the grounds on which there is jurisdiction to open the proceedings under Article 1(1A). ”; and
(b) for the second sentence substitute “ Where this is the case and there is jurisdiction to open insolvency proceedings on either of the grounds specified in Article 1(1A)(a) or (b), the insolvency practitioner must specify in the decision opening the proceedings which of those grounds is applicable. ”.
Sch. para. 5 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
6 (1) Article 5 is amended as follows.
(2) In the heading omit “main”.
(3) In paragraph 1—
(a) omit “main” after “the decision opening”; and
(b) for “grounds of international jurisdiction” substitute “ the grounds of jurisdiction under Article 1(1A)(a) ”.
(4) In paragraph 2—
(a) omit “main” after “the decision opening”;
(b) omit “international”;
(c) after “jurisdiction” insert “ under Article 1(1A)(a) ”; and
(d) for “national law so provides” substitute “ the relevant law (other than this Regulation) of the part of the United Kingdom in which the matter is being determined so provides ”.
Sch. para. 6 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
7 Omit Articles 6 to 83.
Sch. para. 7 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Sch. para. 7 substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1459), reg. 1(2), Sch. para. 3; 2020 c. 1, Sch. 5 para. 1(1)
8 In Article 84 omit—
(a) the second sentence of paragraph 1, and
(b) paragraph 2.
Sch. para. 8 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
9 In Article 85—
(a) omit paragraphs 1 and 2;
(b) in paragraph 3—
(i) in point (a) omit “in any Member State”; and
(ii) for “that Member State” substitute “ the United Kingdom ”.
Sch. para. 9 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
10 Omit Articles 86 to 90.
Sch. para. 10 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
11 In Article 91 omit the second sentence.
Sch. para. 11 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
12 In Article 92 omit point (c).
Sch. para. 12 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
13 Omit the sentence immediately following Article 92 which begins “This Regulation shall be binding”.
Sch. para. 13 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
14 Omit Annex A.
Sch. para. 14 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
15 In Annex B omit all the entries other than those for the United Kingdom.
Sch. para. 15 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

PART 2 Amendments to the Insolvency Act 1986
16 The Insolvency Act 1986 is amended as follows.
Sch. para. 16 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
1986 c.45. Relevant amendments have been made by the Small Business, Enterprise and Employment Act 2015 (c.26); and S.I. 2017/702.
17 In section 1 in subsection (4) —
(a) in paragraph (b) omit “other than the United Kingdom”; and
(b) in paragraph (c) for “other than Denmark” substitute “ (other than Denmark) or in the United Kingdom ”.
Sch. para. 17 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Subsection (4) has been amended by S.I.s 2002/1240, 2005/879 and 2009/1941.
18 In section 106 omit subsections (4A) and (4B) .
Sch. para. 18 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
New section 106 substituted by the Small Business, Enterprise and Employment Act 2015. The amendment has not been commenced for Scotland. Section 106 as in force in England and Wales was amended by S.I. 2017/702 which inserted subsections (4A) and (4B).
19 In section 117 omit subsection (7) .
Sch. para. 19 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Subsection (7) was inserted by S.I. 2002/1240 and was amended by S.I. 2017/702.
20 In section 120 omit subsection (6).
Sch. para. 20 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
21 In section 124 in subsection (1) omit the words from “or by a member State liquidator” to “Article 52 of the EU Regulation)”.
Sch. para. 21 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Subsection (1) has been amended by S.I.s 2002/1240 and 2017/702.
22 In section 146 omit subsections (6) and (7) .
Sch. para. 22 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
New section 146 substituted by the Small Business, Enterprise and Employment Act 2015. The amendment has not been commenced for Scotland. Section 146 as in force in England and Wales was amended by S.I. 2017/702 which inserted subsections (6) and (7).
23 Omit section 146A .
Sch. para. 23 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Section 146A was inserted by S.I. 2017/702.
24 (1) Section 201 is amended as follows .
Section 201 was amended by the Small Business, Enterprise and Employment Act 2015. The amendment has not been commenced for Scotland. Relevant amendments to the section as in force in England and Wales are made by S.I. 2017/702.
(2) In subsection (2) omit—
(a) “and any statement under section 106(4B),”; and
(b) “(except where subsection (2A) applies)”.
(3) Omit subsections (2A) and (2B).
Sch. para. 24 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
25 (1) Section 202 is amended as follows .
Section 202 was amended by S.I. 2017/702.
(2) Omit subsections (2A) and (2B).
(3) In subsection (4) omit “and send any statement under subsection (2B)”.
(4) In subsection (5)—
(a) omit “and any statement under subsection (2B)”;
(b) after “shall forthwith register it” omit “or them”; and
(c) omit “(except where subsection (6) applies)”.
(5) Omit subsections (6) and (7).
(6) In subsection (8) omit “or (7)”.
Sch. para. 25 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
26 (1) Section 205 is amended as follows .
Section 205 has been amended by the Small Business, Enterprise and Employment Act 2015. The amendment has not been commenced for Scotland. Relevant amendments to the section as in force in England and Wales are made by S.I. 2017/702.
(2) In subsection (2) omit “and any statement under section 146(7) or 146A(2)”.
(3) Omit subsections (2A) and (2B).
Sch. para. 26 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
27 In section 225 omit subsection (2).
Sch. para. 27 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
28 In section 240 in subsection (3)(d) omit the words from “either following” to “Article 51 of the EU Regulation or”.
Sch. para. 28 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
29 In section 247 in subsection (3) omit paragraph (b) and the “, or” preceding it.
Sch. para. 29 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Section 247(3)(b) was amended by S.I. 2017/702.
30 In section 251 omit the definitions of “EU insolvency proceedings” and “member State liquidator”.
Sch. para. 30 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
These definitions were inserted by S.I. 2017/702.
31 (1) Section 263I is amended as follows.
(2) In subsection (1)—
(a) after paragraph (a) insert—

“(ab) the centre of the debtor's main interests is in a member State (other than Denmark) and the debtor has an establishment in England and Wales, or”

; and
(b) in paragraph (b) omit the words from the beginning of the paragraph to “the EU Regulation, but”.
(3) After subsection (4) insert—

“(5) In this section “establishment” has the same meaning as in Article 2(10) of the EU Regulation.”

.
Sch. para. 31 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
32 In section 264 in subsection (1) omit paragraphs (ba) and (bb) .
Sch. para. 32 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Paragraphs (ba) and (bb) were inserted by S.I. 2002/1240.
33 (1) Section 265 is amended as follows.
(2) In subsection (1)—
(a) after paragraph (a) insert—

“(ab) the centre of the debtor's main interests is in a member State (other than Denmark) and the debtor has an establishment in England and Wales, or”

; and
(b) in paragraph (b) omit the words from the beginning of the paragraph to “the EU Regulation, but”.
(3) After subsection (4) insert—

“(5) In this section “establishment” has the same meaning as in Article 2(10) of the EU Regulation.”

.
Sch. para. 33 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
34 In section 330 omit subsection (6).
Sch. para. 34 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Subsection (6) was inserted by S.I. 2002/1240 and amended by S.I. 2017/702.
35 In section 387 in subsection (3)—
(a) omit paragraphs (aa) and (ab);
(b) in paragraph (b) omit “, (aa) or (ab)”;
(c) in paragraph (ba) omit “, (aa), (ab)”;
(d) in paragraph (c) omit “, (aa), (ab)”.
Sch. para. 35 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
In subsection (3) paragraphs (aa) and (ab) were inserted by S.I. 2002/1240 and amended by S.I. 2017/702.
36 In section 388 omit subsection (6).
Sch. para. 36 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Subsection (6) was inserted by S.I. 2002/1240 and amended by S.I. 2017/702.
37 In section 411 in subsection (2B) for the words from “an offence” to the end of the sentence substitute “ a new relevant offence ”.
Sch. para. 37 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
38 In section 412 in subsection (2B) for the words from “an offence” to the end of the sentence substitute “ a new relevant offence ”.
Sch. para. 38 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
39 In section 420 in subsection (1B) for the words from “an offence” to the end of the sentence substitute “ a new relevant offence ”.
Sch. para. 39 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
40 In section 421 in subsection (1B) for the words from “an offence” to the end of the sentence substitute “ a new relevant offence ”.
Sch. para. 40 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
41 After section 422 insert—

“422A Meaning of “relevant offence”
In this Part “relevant offence” means a criminal offence punishable with imprisonment for more than two years or punishable on summary conviction with imprisonment for more than three months or with a fine of more than level 5 on the standard scale (if not calculated on a daily basis) or with a fine of more than £100 a day.”

Sch. para. 41 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
42 In section 436 in the definition of “the EU Regulation” at the end insert “ as it forms part of domestic law on and after exit day ”.
Sch. para. 42 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
43 Omit section 436A .
Sch. para. 43 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Section 436A was inserted by S.I. 2002/1240.
44 In Schedule B1 —
(a) in paragraph 84 —
(i) omit sub-paragraphs (1A) and (1B);
(ii) in sub-paragraph (3) omit “and any statement under sub-paragraph (1B)” and at the end omit “or them”;
(iii) in sub-paragraph (6) omit “(except where sub-paragraph (6A) applies)”;
(iv) omit sub-paragraphs (6A) and (6B); and
(v) in sub-paragraph (7)(a) and (c) omit “or (6B)”;
Paragraph 84 was amended by S.I. 2017/702.
(b) in paragraph 111 —
(i) in sub-paragraph (1A)(b) omit “other than the United Kingdom”; and
(ii) in sub-paragraph (1A)(c) for “other than Denmark” substitute “ (other than Denmark) or in the United Kingdom ”.
In paragraph 111 sub-paragraph (1A) was inserted by S.I. 2005/879.
Sch. para. 44 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Schedule B1 was inserted by section 248 of the Enterprise Act 2002 (c. 40).

PART 3 Administration under old Part 2 of the Insolvency Act 1986
45 (1) Part 2 of the Insolvency Act 1986 as it had effect immediately before the coming into force of section 248 of the Enterprise Act 2002 and in so far as it continues to have effect is amended as follows .
Section 248 of the Enterprise Act 2002 substituted a new Part 2 of the Insolvency Act 1986. However section 249 provided that that substitution was to have no effect in relation to the special administration regimes covered by that section.
(2) In section 8 for “Article 3 of the EC Regulation” substitute “ Article 1 of the EU Regulation ”.
Sch. para. 45 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

PART 4 Amendments to the Insolvency (England and Wales) Rules 2016
46 The Insolvency (England and Wales) Rules 2016 are amended as follows.
Sch. para. 46 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
S.I. 2016/1024, relevant amendments were made by S.I. 2017/702.
47 In rule 1.2(2)—
(a) omit the following definitions—
(i) “main proceedings”,
(ii) “member State liquidator”,
(iii) “non-EU proceedings”',
(iv) “secondary proceedings”,
(v) “temporary administrator”,
(vi) “territorial proceedings”;
(b) insert in the appropriate places—

““COMI proceedings” means insolvency proceedings in England and Wales to which the EU Regulation applies where the centre of the debtor's main interests is in the United Kingdom;
“establishment” has the same meaning as in Article 2(10) of the EU Regulation;
“establishment proceedings” means insolvency proceedings in England and Wales to which the EU Regulation applies where the debtor has an establishment in the United Kingdom;”

.
Sch. para. 47 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
48 (1) Rule 1.7 is amended as follows .
Rule 1.7 has been amended by S.I. 2017/1115.
(2) For the heading substitute “ Reasons for stating whether proceedings are or will be COMI proceedings, establishment proceedings etc. ”.
(3) In the opening words for “main, secondary or territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ” and after “must include” insert “ as applicable ”.
(4) In paragraph (a)—
(a) at the end of sub-paragraph (ii) omit “or”;
(b) after sub-paragraph (ii) insert—

“(iia) the place where there is an establishment within the jurisdiction, or”

; and
(c) in sub-paragraph (iii) for “non-EU proceedings” substitute “ proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
(5) For sub-paragraph (b) substitute—

“(b) for a debtor—
(i) the centre of main interests, or
(ii) the place where there is an establishment within the jurisdiction.”

.
Sch. para. 48 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
49 In rule 1.20 delete paragraph (1)(o).
Sch. para. 49 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
50 In rule 2.3 in paragraph (1) for sub-paragraph (q) substitute—

“(q) whether the proceedings will be COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply with reasons;”

.
Sch. para. 50 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
51 In rule 2.14 in paragraph (2A) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 51 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
In rule 2.14 paragraph (2A) was inserted by S.I. 2017/702 and amended by S.I. 2017/1115.
52 In rule 2.25 in paragraph (2A) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 52 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
In rule 2.25 paragraph (2A) was inserted by S.I. 2017/702.
53 In rule 2.38 in paragraph (2) in sub-paragraph (d) for “main, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 53 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
In rule 2.38 paragraph (2)(d) was amended by S.I. 2017/1115.
54 In rule 3.3 in paragraph (2) in sub-paragraph (h) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 54 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
55 In rule 3.6 in paragraph (3) in sub-paragraph (f) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 55 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
56 In rule 3.8 omit paragraph (3)(c).
Sch. para. 56 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
57 In rule 3.10 in sub-paragraph (b) omit “(including the United Kingdom)” and “other than the United Kingdom”.
Sch. para. 57 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
58 In rule 3.12 omit paragraph (1)(g).
Sch. para. 58 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
59 In rule 3.13 in paragraph (1)—
(a) in sub-paragraph (h) after “EU Regulation” insert “ as it has effect in the law of the United Kingdom ”; and
(b) in sub-paragraph (i) for “main, secondary or territorial proceedings” substitute “ COMI proceedings or establishment proceedings ”.
Sch. para. 59 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
60 In rule 3.16 in paragraph (2) in sub-paragraph (k) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 60 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
61 In rule 3.17 in paragraph (1) in sub-paragraph (k) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 61 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
62 In rule 3.21 in paragraph (1) in sub-paragraph (i) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 62 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
63 In rule 3.23 in paragraph (1) in sub-paragraph (i) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 63 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
64 In rule 3.24 in paragraph (1) in sub-paragraph (h) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 64 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
65 In rule 3.25 in paragraph (2) in sub-paragraph (i) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 65 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
66 In rule 3.35 in paragraph (1) in sub-paragraph (m) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 66 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
67 In rule 3.51 in paragraph (2) in sub-paragraph (g) omit “costs referred to in Articles 30 or 59 of the EU Regulation and”.
Sch. para. 67 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
68 In rule 3.63 in paragraph (4) omit sub-paragraph (d).
Sch. para. 68 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
69 In rule 3.68 in paragraph (2) omit sub-paragraph (g).
Sch. para. 69 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
70 In rule 6.42 in paragraph (4)(f) omit “costs referred to in Articles 30 or 59 of the EU Regulation and”.
Sch. para. 70 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
71 In rule 7.5 in paragraph (1) in sub-paragraph (n) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 71 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
72 In rule 7.6 in paragraph (8) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 72 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
73 In rule 7.9 in paragraph (3)—
(a) insert after sub-paragraph (b) “ or ”, and
(b) omit sub-paragraph (d) and the “or” preceding it.
Sch. para. 73 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
74 In rule 7.17 omit paragraph (2)(b) and the “or” preceding it.
Sch. para. 74 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
75 In rule 7.18 in sub-paragraph (c) —
(a) insert “ or ” before “contributory”, and
(b) omit “or member State liquidator”.
Sch. para. 74 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
76 In rule 7.20 in paragraph (1) in sub-paragraph (g) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 76 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
77 In rule 7.26 in paragraph (1) in sub-paragraph (n) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 77 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
78 In rule 7.28 in paragraph (6) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 78 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
79 In rule 7.29 omit paragraph (6).
Sch. para. 79 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
80 In rule 7.32 in paragraph (1) sub-paragraph (h) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 80 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
81 In rule 7.33—
(a) after paragraph (1)(f) insert “ or ”;
(b) omit paragraph (1)(g); and
(c) in paragraph (2)(f) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 81 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
82 In rule 7.35 in paragraph (1) in sub-paragraph (e)(ii) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 82 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
83 In rule 7.108 in paragraph (4) in sub-paragraph (m) omit “costs referred to in Articles 30 or 59 of the EU Regulation and”.
Sch. para. 83 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
84 In rule 8.3 in paragraph (q) for “main, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 84 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
85 In rule 8.19 in paragraph (1A) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 85 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
86 In rule 10.7 in paragraph (1) for sub-paragraph (d) substitute—

“(d) whether—
(i) the centre of the debtor's main interests is within the United Kingdom or is within a member State;
(ii) the centre of the debtor's main interests is neither within the United Kingdom nor a member State;
(iii) the debtor has an establishment within the United Kingdom;
(iv) the debtor carries on business as an Article 1.2 undertaking;”

.
Sch. para. 86 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
87 In rule 10.8 in paragraph (1) in sub-paragraph (g) for “another” substitute “ the UK or a ”.
Sch. para. 87 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
88 In rule 10.12 in paragraph (4)—
(a) at the end of sub-paragraph (a) insert “ and ”; and
(b) omit sub-paragraph (c) and the “and” preceding it.
Sch. para. 88 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
89 In rule 10.14 omit paragraph (3).
Sch. para. 89 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
90 In rule 10.19—
(a) in paragraph (1) omit the words from “or a member State liquidator” to “in relation to the debtor”;
(b) in paragraph (2) in sub-paragraph (f) omit the words “or member State liquidator”.
Sch. para. 90 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
91 In rule 10.29—
(a) in paragraph (2) in sub-paragraph (a) omit the words from “or a member State liquidator” to “in relation to the debtor”; and
(b) in paragraph (6) in sub-paragraph (d) omit the words from “or a member State liquidator” to “in relation to the debtor”.
Sch. para. 91 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
92 In rule 10.31 in paragraph (1) for sub-paragraph (e)(i) substitute—

“(i) that the court, being satisfied that the EU Regulation as it has effect in the law of the United Kingdom applies, declares that the proceedings are COMI proceedings or establishment proceedings, or”

.
Sch. para. 92 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
93 In rule 10.41 in paragraph (2) for sub-paragraph (d)(i) substitute—

“(i) that the adjudicator, being satisfied that the EU Regulation as it has effect in the law of the United Kingdom applies, declares that the proceedings are COMI proceedings or establishment proceedings, or”

.
Sch. para. 93 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
94 In rule 10.49—
(a) in paragraph (1)—
(i) at the end of sub-paragraph (b) insert “ or ”; and
(ii) omit sub-paragraph (d) and the “or” preceding it; and
(b) in paragraph (2) in sub-paragraph (f) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 94 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
95 In rule 10.51 in paragraph (1) in sub-paragraph (e)(ii) for “main, secondary, territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 95 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
96 In rule 10.149 in sub-paragraph (n) omit the words “costs referred to in Article 30 of the EU Regulation and”.
Sch. para. 96 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
97 In rule 12.15 in paragraph (2) omit “including any member State liquidator”.
Sch. para. 97 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
98 In rule 14.16 omit paragraph (3).
Sch. para. 98 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
99 In rule 14.32 omit paragraph (4).
Sch. para. 99 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
100 In rule 15.11 in the table in paragraph (1) omit the entry for “Main proceedings in another member State”.
Sch. para. 100 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
101 In rule 15.28 in paragraph (3) omit sub-paragraph (b) and the “or” preceding it.
Sch. para. 101 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
102 Omit rule 15.30.
Sch. para. 102 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
103 In rule 15.31—
(a) in paragraph (7) omit the words from “; and for this purpose” to the end; and
(b) in paragraph (9) in the opening words omit “or member State liquidator”.
Sch. para. 103 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
104 Omit rules 21.1 to 21.3 .
Sch. para. 104 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Part 21 was amended by S.I. 2017/702.
105 In rule 21.4 for paragraph (3)(e) substitute—

“(e) a statement whether the proceedings will be COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply and the reasons for so stating.”

.
Sch. para. 105 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
106 Omit rules 21.6 to 21.17.
Sch. para. 106 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
107 In Schedule 4 in the table of requirements for service in paragraph 6 omit the entry relating to rule 21.2 (application for conversion into winding up/ bankruptcy under EU Regulation).
Sch. para. 107 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

PART 5 Other amendments: England and Wales

108 The Administration of Insolvent Estates of Deceased Persons Order 1986
(1) The Administration of Insolvent Estates of Deceased Persons Order 1986 is amended as follows.
S.I. 1986/1999. Relevant amendments have been made by S.I. 2002/1309 and S.I. 2017/1119 (which inserted paragraph 1A).
(2) In Schedule 1 in Part 2—
(a) in paragraph 1A renumber the two subsections to be inserted in section 265 of the Insolvency Act 1986 as subsections (6) and (7);
(b) in the first line of the inserted subsection (7) for “subsection (5)” substitute “ subsection (6) ”; and
(c) in paragraph 2 in sub-paragraph (a) in the subsection (1) to be substituted for that subsection in section 266 of the Insolvency Act 1986 omit paragraph (a).
Sch. para. 108 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

109 The Land Registration Rules 2003
In the Land Registration Rules 2003 omit rule 171.
Sch. para. 109 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
S.I. 2003/1417. Rule 171 was amended by S.I. 2017/702.

110 The Civil Proceedings Fees Order 2008
(1) The Civil Proceedings Fees Order 2008 is amended as follows.
S.I. 2008/1053. Fee 3.6 was substituted by S.I. 2017/702.
(2) In the Table in Schedule 1 omit the entry for fee 3.6.
Sch. para. 110 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

PART 6 Other amendments: England, Wales and Scotland

111 The Pension Protection Fund (Entry Rules) Regulations 2005
(1) The Pension Protection Fund (Entry Rules) Regulations 2005 are amended as follows.
S.I. 2005/590; relevant amending instruments are S.I.s 2016/294 and 2017/702.
(2) In regulation 1—
(a) in paragraph (3) omit the definitions of “establishment” and “the Insolvency Regulation”; and
(b) omit paragraph (7).
(3) In regulation 7—
(a) in paragraph (1) for “paragraphs (2), (4) and (5)” substitute “ paragraphs (2) and (4) ”; and
(b) omit paragraphs (5) and (6).
(4) In regulation 7A—
(a) in paragraph (2) for “paragraphs (3), (5) and (6)” substitute “ paragraphs (3) and (5) ”, and
(b) omit paragraphs (6) and (7).
Sch. para. 111 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

112 The Cross-Border Insolvency Regulations 2006
The Cross-Border Insolvency Regulations 2006 are amended as follows.
Sch. para. 112 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
S.I. 2006/1030; relevant amendments were made by S.I. 2017/702.
113 Schedule 1 is amended as follows.
Sch. para. 113 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
114 In article 1 in paragraph 3(b) omit “, other than the United Kingdom,”.
Sch. para. 114 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
115 In article 2—
(a) in paragraph (a)(i)—
(i) after “and made by or under” insert “ the EU Insolvency Regulation, ”, and
(ii) after “or by or under that” insert “ Regulation or ”;
(b) in paragraph (a)(ii) —
(i) after “and made by or under” insert “ the EU Insolvency Regulation, ”, and
(ii) after “or by or under” insert “ that Regulation or ”.
(c) in paragraph (d) at the end of the definition of “the EU Insolvency Regulation” insert “ as that Regulation forms part of domestic law on and after exit day ”.
Sch. para. 115 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
116 Omit article 3.
Sch. para. 116 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
117 In article 16—
(a) after paragraph 2 insert—

“2A Where the EU Insolvency Regulation applies the centre of the debtor's main interests is to be determined in accordance with that Regulation.”

;
(b) for paragraph 3 substitute—

“3 Subject to paragraph 2A, in the absence of proof to the contrary, the debtor's registered office, or habitual residence in the case of an individual, is presumed to be the centre of the debtor's main interests.”

.
Sch. para. 117 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
118 Schedule 2 is amended as follows.
Sch. para. 118 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
119 In paragraph 1 in sub-paragraph (1) omit the definitions of “main proceedings”, “member State liquidator”, “secondary proceedings” and “territorial proceedings”.
Sch. para. 119 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Relevant amendments were made to paragraph 1(1) by S.I. 2017/702.
120 In paragraph 4 omit sub-paragraph (2).
Sch. para. 120 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
121 In paragraph 6 omit sub-paragraph (2)(b) and the “and” preceding it.
Sch. para. 121 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
122 In paragraph 21 omit sub-paragraph (2)(e).
Sch. para. 122 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
123 In paragraph 25 omit sub-paragraph (1)(e).
Sch. para. 123 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
124 In paragraph 26 omit sub-paragraph (3)(c).
Sch. para. 124 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
125 In paragraph 46 omit sub-paragraph (1)(f).
Sch. para. 125 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
126 Schedule 3 is amended as follows.
Sch. para. 126 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
127 In paragraph 1 in sub-paragraph (1) omit the definitions of “main proceedings” and “member State liquidator”.
Sch. para. 127 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
128 In paragraph 6 omit sub-paragraph (1)(e).
Sch. para. 128 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
129 In paragraph 7 omit sub-paragraph (3)(c).
Sch. para. 129 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
130 In paragraph 9 omit sub-paragraph (1)(f).
Sch. para. 130 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
131 Schedule 5 is amended as follows.
Sch. para. 131 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
132 In Form ML6 omit paragraph 5 (statement of service on the member State liquidator).
Sch. para. 132 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

PART 7 Amendments to the Insolvency Act 1986 applying to Scotland only
133 The Insolvency Act 1986 is amended as follows .
Sch. para. 133 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Paragraphs 55 to 60 of the Schedule to SI 2017/702 made amendments to the 1986 Act which applied to Scotland only.
134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. para. 134 omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1459), reg. 1(2), Sch. para. 4; 2020 c. 1, Sch. 5 para. 1(1)
135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. para. 135 omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1459), reg. 1(2), Sch. para. 4; 2020 c. 1, Sch. 5 para. 1(1)
136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. para. 136 omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1459), reg. 1(2), Sch. para. 4; 2020 c. 1, Sch. 5 para. 1(1)
137 In section 204 omit subsections (4A) to (4E).
Sch. para. 137 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
138 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. para. 138 omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1459), reg. 1(2), Sch. para. 4; 2020 c. 1, Sch. 5 para. 1(1)

PART 8A Amendments to the Insolvency (Scotland) (Receivership and Winding up) Rules 2018
137A The Insolvency (Scotland) (Receivership and Winding up) Rules 2018 are amended as follows.
137B (1) In rule 1.2(1)—
(a) omit the following definitions—
(i) “local creditor”,
(ii) “main proceedings”,
(iii) “member State liquidator”,
(iv) “non-EU proceedings”,
(v) “secondary proceedings”,
(vi) “temporary administrator”,
(vii) “territorial proceedings”;
(b) in the note in square brackets which explains the definition of “EU Regulation” omit the words after “section 436”;
(c) insert in the appropriate places—

““COMI proceedings” means insolvency proceedings in Scotland to which the EU Regulation applies where the centre of the debtor’s main interests is in the United Kingdom;”

,

““establishment” has the same meaning as in Article 2(10) of the EU Regulation;”

,

““establishment proceedings” means insolvency proceedings in Scotland to which the EU Regulation applies where the debtor has an establishment in the United Kingdom;”

.
137C (1) Rule 1.8 is amended as follows.
(2) For the heading substitute “Reasons for stating whether proceedings are or will be COMI proceedings, establishment proceedings etc.”.
(3) In the opening words, for “main, secondary or territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply” and after “must include” insert “as applicable”.
(4) After paragraph (b) insert—

“(ba) the place where there is an establishment within the jurisdiction; or”

.
(5) In paragraph (c) for “non-EU proceedings” substitute “proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.
137D In rule 1.17 omit paragraph (2)(i).
137E In rule 5.4—
(a) after paragraph (1)(f) insert “or”;
(b) omit paragraph (1)(g);
(c) omit paragraph (1)(h).
137F In rule 7.16 omit paragraph (3)(k).
137G In rule 7.28 in paragraph (3)(a) omit “including any costs referred to in Article 30 and 59 of the EU Regulation”.
137H In rule 7.31 omit paragraph (14).
137I In rule 8.11 in the table in paragraph (1) omit the entry for “main proceedings in another Member State”.
137J Omit rule 8.30.
137K In rule 8.31—
(a) in paragraph (5) omit the words from “; and for this purpose” to the end; and
(b) in paragraph (7) in the opening words omit “or member State liquidator”.
137L Omit rules 11.1 to 11.3.
137M In rule 11.4 for paragraph (3)(e) substitute—

“(e) a statement whether the proceedings will be COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply and the reasons for so stating.”

.
137N Omit rules 11.6 to 11.17.
Sch. Pts. 8A, 8B inserted (31.12.2020) by The Insolvency (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1459), reg. 1(2), Sch. para. 6; 2020 c. 1, Sch. 5 para. 1(1)

PART 8B Amendments to the Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018
137O The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018 are amended as follows.
137P In rule 1.2(1)—
(a) omit the following definitions—
(i) “local creditor”,
(ii) “main proceedings”,
(iii) “member State liquidator”,
(iv) “non-EU proceedings”,
(v) “secondary proceedings”,
(vi) “territorial proceedings”;
(b) insert in the appropriate places—

““COMI proceedings” means insolvency proceedings in Scotland to which the EU Regulation applies where the centre of the debtor’s main interests is in the United Kingdom;”

,

““establishment” has the same meaning as in Article 2(10) of the EU  Regulation;”

,

““establishment proceedings” means insolvency proceedings in Scotland to which the EU Regulation applies where the debtor has an establishment in the United Kingdom;”

.
137Q (1) Rule 1.8 is amended as follows.
(2) For the heading substitute “Reasons for stating whether proceedings are or will be COMI proceedings, establishment proceedings etc.”.
(3) In the opening words for “main, secondary, territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.
(4) In paragraph (b) omit the word “or”.
(5) After paragraph (b) insert—

“(ba) the place where there is an establishment within the jurisdiction, or”

; and
(6) In paragraph (c) for “non-EU proceedings” substitute “proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.
137R In rule 1.17 omit paragraph (1)(i).
137S In rule 2.3 in the table in paragraph (1), in the second column of the entry for “Type of insolvency proceedings”, for “whether the insolvency proceedings will be main, secondary, territorial or non-EU insolvency proceedings with reasons;” substitute—

“whether the proceedings will be COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply with reasons;”

.
137T In rule 2.13 in paragraph (5) for “main, secondary, territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.
137U In rule 2.24 in paragraph (3) for “main, secondary, territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.
137V In rule 2.37 in paragraph (2) in sub-paragraph (d) for “main, secondary, territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.
137W In rule 3.6 omit paragraph (c).
137X In rule 3.8 in paragraph (b) omit “(including the United Kingdom)” and “other than the United Kingdom”.
137Y In rule 3.10 omit paragraph (g).
137Z In rule 3.11 in paragraph (1)—
(a) in sub-paragraph (g) after “EU Regulation” insert “as it has effect in the law of the United Kingdom”; and
(b) in sub-paragraph (h) for “main, secondary or territorial proceedings” substitute “COMI proceedings or establishment proceedings”.
137ZA In rule 3.16 in paragraph (2) in sub-paragraph (k) for “main, secondary, territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.
137ZB In rule 3.17 in paragraph (1) in sub-paragraph (k) for “main, secondary, territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.
137ZC In rule 3.21 in paragraph (1) in sub-paragraph (k) for “main, secondary, territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.
137ZD In rule 3.23 in paragraph (1) in sub-paragraph (i) for “main, secondary, territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.
137ZE In rule 3.24 in paragraph (1) in sub-paragraph (h) for “main, secondary, territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.
137ZF In rule 3.25 in paragraph (2) in sub-paragraph (i) for “main, secondary, territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.
137ZG In rule 3.35 in paragraph (1) in sub-paragraph (m) for “main, secondary, territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply”.
137ZH In rule 3.51 in paragraph (2) in sub-paragraph (g) omit “costs referred to in Articles 30 or 59 of the EU Regulation and”.
137ZI In rule 3.63 in paragraph (4) omit sub-paragraph (d).
137ZJ In rule 3.68 in paragraph (2) omit sub-paragraph (g).
137ZK In rule 3.105 in paragraph (3) omit sub-paragraph (k).
137ZL In rule 3.117 omit paragraph (11).
137ZM In rule 5.11 in the table in paragraph (1) omit the entry for “main proceedings in another member State”.
137ZN Omit rule 5.27.
137ZO In rule 5.28—
(a) in paragraph (7) omit the words from “and for this purpose” to the end; and
(b) in paragraph (9) in the opening words omit “or member State liquidator”.
137ZP Omit Part 7 (the EU Regulation).

PART 8 Amendments to the Insolvency (Scotland) Rules 1986
139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
144 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
147 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
153 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
155 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
156 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
157 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
159 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
160 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. Pt. 8 omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1459), reg. 1(2), Sch. para. 5; 2020 c. 1, Sch. 5 para. 1(1)

PART 9 Amendments to the Insolvency (Northern Ireland) Order 1989 and the Insolvency Rules (Northern Ireland) 1991

161 Amendments to the Insolvency (Northern Ireland) Order 1989
The Insolvency (Northern Ireland) Order 1989 is amended as follows.
Sch. para. 161 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
S.I. 1989/2405 (N.I. 19). Relevant amendments have been made by S.R. (NI) 2002 No.334 and S.I. 2017/702.
162 In Article 2(2) in the definition of “the EU Regulation” at the end insert “ as it forms part of domestic law on and after exit day ” .
Sch. para. 162 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
The definition of “EU Regulation” was substituted by S.I. 2017/702.
163 In Article 2(2) omit the definitions of “EU insolvency proceedings” and “member State liquidator”.
Sch. para. 163 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
These definitions were inserted by paragraph 96 of the Schedule to S.I. 2017/702.
164 Omit Article 2A .
Sch. para. 164 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Article 2A was inserted by S.R. (NI) 2002 No. 334 and amended by S.I. 2017/702.
165 In Article 3 omit paragraph (6).
Sch. para. 165 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
166 In Article 6 in paragraph (3) omit sub-paragraph (b) and the “or” preceding it.
Sch. para. 166 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
167 In Article 14 in paragraph (4)—
(a) in sub-paragraph (b) omit “other than the United Kingdom”; and
(b) in sub-paragraph (c) after “interests” insert “ either ” and after “Denmark” insert “ or in the United Kingdom ”.
Sch. para. 167 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
168 In Article 80 omit paragraphs (3A) and (3B) .
Sch. para. 168 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Paragraphs (3A) and (3B) were inserted by paragraph 100 of the Schedule to S.I. 2017/702.
169 In Article 104 in paragraph (1) omit the words from “or by a member State liquidator” to “Article 52 of the EU Regulation)”.
Sch. para. 169 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Paragraph (1) was amended by paragraph 101 of the Schedule to S.I. 2017/702.
170 In Article 124 omit paragraphs (6) and (7) .
Sch. para. 170 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Paragraphs (6) and (7) were inserted by paragraph 102 of the Schedule to S.I. 2017/702.
171 Omit Article 124A .
Sch. para. 171 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Article 124A was inserted by paragraph 103 of the Schedule to S.I. 2017/702.
172 (1) Article 166 is amended as follows .
Article 166 was amended by paragraph 104 of the Schedule to S.I. 2017/702.
(2) In paragraph (2) omit “and any statement under Article 80(3B)” and “(except where paragraph (2A) applies)”.
(3) Omit paragraphs (2A) and (2B).
Sch. para. 172 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
173 (1) Article 167 is amended as follows .
Article 167 was amended by paragraph 105 of the Schedule to S.I. 2017/702 which inserted paragraphs (5) and (6) and renumbered and amended paragraph (7).
(2) Omit paragraphs (1A) and (1B).
(3) In paragraph (2) for “an application under paragraph (1)” substitute “ that application ”.
(4) In paragraph (3) omit “and to send any statement under paragraph (1B)”.
(5) In paragraph (4)—
(a) omit “and any statement under paragraph (1B)” and “or them”;
(b) for “subject to paragraph (5)” substitute “ subject to paragraph (7) ”; and
(c) omit “(except where paragraph (5) applies)”.
(6) Omit paragraphs (5) and (6).
(7) In paragraph (7) for “the period in paragraph (4) or (6)” substitute “ that period ”.
Sch. para. 173 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
174 (1) Article 169 is amended as follows.
Article 169 was amended by paragraph 107 of the Schedule to S.I. 2017/702.
(2) In paragraph (1) omit “and any statement under Article 124(7) or 124A(2)” and “of the final account or notice”.
(3) Omit paragraphs (1A) and (1B).
Sch. para. 174 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
175 In Article 204 in paragraph (3)(d) omit the words from “either following” to “Article 51 of the EU Regulation or”.
Sch. para. 175 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Article 204 was amended by paragraph 110 of the Schedule to S.I. 2017/702.
176 In Article 238 in paragraph (1) omit sub-paragraphs (ba) and (bb) .
Sch. para. 176 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Paragraphs (ba) and (bb) were amended by paragraph 111 of the Schedule to S.I. 2017/702.
177 For Article 239 substitute—

“239 Conditions to be satisfied in respect of debtor
1 A bankruptcy petition may be presented to the High Court under Article 238(1)(a) or (b) only if—
(a) the centre of the debtor's main interests is in Northern Ireland,
(b) the centre of the debtor's main interests is in a member State of the European Union which has adopted the EU Regulation and the debtor has an establishment in Northern Ireland, or
(c) the centre of the debtor's main interests is not in a member State of the European Union which has adopted the EU Regulation, but the test in paragraph (2) is met.
2 The test is that—
(a) the debtor is domiciled in Northern Ireland, or
(b) the debtor is personally present in Northern Ireland on the day on which the petition is presented, or
(c) at any time in the period of three years ending with the day on which the petition is presented, the debtor—
(i) has been ordinarily resident, or has had a place of residence, in Northern Ireland, or
(ii) has carried on business in Northern Ireland.
3 The reference in paragraph (2) to the debtor carrying on business includes—
(a) the carrying on of business by a firm or partnership of which the debtor is a member, and
(b) the carrying on of business by an agent or manager for the debtor or for such a firm or partnership.
4 In this Article—
(a) references to the centre of the debtor's main interests have the same meaning as in Article 3 of the EU Regulation, and
(b) “establishment” has the same meaning as in Article 2(10) of the EU Regulation.”

.
Sch. para. 177 in force at 31.1.2019, see reg. 1(2)(b)
178 (1) Article 239 (as substituted by paragraph 177) is amended as follows.
Article 239 was amended by paragraph 112 of the Schedule to S.I. 2017/702.
(2) In paragraph (1)—
(a) in sub-paragraph (b) after “European Union” insert “ other than Denmark ” and omit the words “which has adopted the EU Regulation”; and
(b) in sub-paragraph (c) omit the words from the beginning of the paragraph to “the EU Regulation, but”.
Sch. para. 178 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
179 In Article 303 omit paragraph (6) .
Sch. para. 179 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Article 303 paragraph (6) was inserted by regulation 15 of S.R. (NI) 2002 No. 334 and amended by paragraph 113 of the Schedule to S.I. 2017/702.
180 In Article 347 in paragraph (3) —
(a) omit sub-paragraphs (aa) and (ab);
(b) in sub-paragraph (b) omit “, (aa) or (ab)”;
(c) in sub-paragraph (ba) omit “, (aa), (ab)”;
(d) in sub-paragraph (c) omit “ (aa), (ab),”.
Sch. para. 180 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Article 347 was amended by paragraph 114 of the Schedule to S.I. 2017/702.
181 In Article 359 in paragraph (2B) for the words from “an offence” to the end of the sentence substitute “ a new relevant offence (see Article 366A) ”.
Sch. para. 181 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Article 359 was amended by S.R. (NI) 2002 No 223, regulation 4 (2) and paragraph 115 of the Schedule to S.I. 2017/702.
182 In Article 364 in paragraph (1B) for the words from “an offence” to the end of the sentence substitute “ a new relevant offence (see Article 366A) ”.
Sch. para. 182 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Article 364 was amended by S.R. (NI) 2002 No. 223, regulation 4(3) and S.I. 2017/702, regulation 116.
183 In Article 365 in paragraph (1B) for the words from “an offence” to the end of the sentence substitute “ a new relevant offence (see Article 366A) ”.
Sch. para. 183 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Article 365 was amended by S.R. (NI) 2002 No. 223, regulation 4(3) and paragraph 117 of the Schedule to S.I. 2017/702.
184 After Article 366 insert—

“366A Meaning of “relevant offence”
In Articles 359(2B), 364(1B) and 365(1B), a “relevant offence” is a criminal offence punishable with imprisonment for more than two years or punishable on summary conviction with imprisonment for more than three months or with a fine of more than level 5 on the standard scale (if not calculated on a daily basis) or with a fine of more than £100 a day.”

.
Sch. para. 184 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
185 In Schedule B1—
(a) in paragraph 1—
(i) in sub-paragraph (1A)(b) omit “other than the United Kingdom”;
(ii) in sub-paragraph (1A)(c) after “interests” insert “ either ” and after “Denmark” insert “ or in the United Kingdom ”;
(b) in paragraph 85 —
(i) omit sub-paragraphs (1A) and (1B);
(ii) in sub-paragraph (3) omit “and any statement under sub-paragraph (1B)” and at the end omit “or them”;
(iii) in sub-paragraph (6) omit “(except where sub-paragraph (6A) applies)”;
(iv) omit sub-paragraphs (6A) and (6B); and
(v) in sub-paragraphs (7)(a) and (c) omit “or (6B)”.
Paragraph 85 was amended by paragraph 119 of the Schedule to S.I. 2017/702.
Sch. para. 185 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

186 Amendments to the Insolvency Rules (Northern Ireland) 1991
The Insolvency Rules (Northern Ireland) 1991 are amended as follows.
Sch. para. 186 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
S.R. (NI) 1991 No. 364.Relevant amendments were made by S.I. 2017/702.
187 In Rule 0.2 (Interpretation)—
(a) omit the following definitions—
(i) “main proceedings”,
(ii) “Member State liquidator”,
(iii) “secondary proceedings”,
(iv) “temporary administrator”,
(v) “territorial proceedings”;
(b) insert in the appropriate places—

““COMI proceedings” means insolvency proceedings in Northern Ireland to which the EU Regulation applies where the centre of the debtor's main interests is in the United Kingdom;”

;

““establishment proceedings” means insolvency proceedings in Northern Ireland to which the EU Regulation applies where the debtor has an establishment in the United Kingdom;”

;
(c) in the definition of “establishment” for “Article 2(h) of the EC Regulation” substitute “ Article 2(10) of the EU Regulation ”.
Sch. para. 187 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
188 In Rule 1.03 in paragraph (2) for sub-paragraph (q) substitute—

“(q) whether the proceedings will be COMI proceedings, establishment proceedings, or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply with reasons.”

.
Sch. para. 188 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Paragraph (2)(q) was inserted by Rule 5 of the Insolvency (Amendment) Rules (Northern Ireland) 2002, S.R. 2002 No. 261.
189 In Rule 1.09 in paragraph (1A) for the words “main, secondary, territorial” substitute “ COMI proceedings, establishment proceedings ”.
Sch. para. 189 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Rule 1.09 was amended by paragraph 122 of the Schedule to S.I. 2017/702.
190 In Rule 1.24 in paragraph (2)(ca) for the words “whether the proceedings are main proceedings, secondary proceedings or territorial proceedings;” substitute “ whether the proceedings are COMI proceedings, establishment proceedings, or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply; ” .
Sch. para. 190 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Rule 1.24 was amended by S.R. (NI) 2002 No. 261
191 Omit Rules 1.31 to 1.33 (Chapter 7) .
Sch. para. 191 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Chapter 7, Rules 1.31, 1.32 and 1.33 were amended by paragraphs 123, 124 and 125 of the Schedule to S.I. 2017/702.
192 Omit Rule 1.34 (Chapter 8) .
Sch. para. 192 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Chapter 8, Rule 1.34 was amended by paragraph 126 of the Schedule to S.I. 2017/702.
193 In Rule 1.39 in paragraph (2)(c) for the words “main, secondary, territorial” substitute “ COMI proceedings, establishment proceedings ” .
Sch. para. 193 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Rule 1.39 was amended by paragraph 127 of the Schedule to S.I. 2017/702.
194 In Rule 2.001 in paragraph (d) omit the reference to Chapters 14 and 15.
Sch. para. 194 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
195 In Rule 2.004 in paragraph (4) for the words from “main” to the second “proceedings” substitute “ COMI proceedings or establishment proceedings ”.
Sch. para. 195 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
196 In Rule 2.006 omit paragraph (3)(c).
Sch. para. 196 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
197 In Rule 2.012 omit paragraph (1)(g).
Sch. para. 197 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
198 In Rule 2.034 for paragraph (2)(p)(ii) substitute—

“(ii) if so, whether the proceedings will be COMI proceedings, establishment proceedings, or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply with reasons; and”

.
Sch. para. 198 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
199 In Rule 2.039 omit—
(a) paragraph (1)(a)(ii) and the “or” preceding it, and
(b) paragraphs (8) to (11).
Sch. para. 199 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
200 In Rule 2.068 in paragraph (1)(f) omit the words “costs referred to in Articles 30 or 59 of the EU Regulations and”.
Sch. para. 200 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Rule 2.068 was amended by paragraph 128 of the Schedule to S.I. 2017/702.
201 In Rule 2.096 omit paragraph (2)(a)(ii) and the “and” preceding it.
Sch. para. 201 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
202 In Rule 2.097 omit paragraph (4).
Sch. para. 202 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
203 In Rule 2.099 in paragraph (1) omit the words from “and” to the end of the sentence.
Sch. para. 203 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
204 In Rule 2.121 omit paragraph (2).
Sch. para. 204 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
205 Omit Rules 2.131 to 2.133 (Chapter 14) .
Sch. para. 205 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Chapter 14, Rules 2.131, 2.132 and 2.133, was amended by paragraphs 129, 130 and 131 of the Schedule to S.I. 2017/702.
206 Omit Rules 2.134 to 2.143 (Chapter 15) .
Sch. para. 206 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Chapter 15, Rules 2.134 to 2.143, was amended by paragraphs 132 and 133 of the Schedule to S.I. 2017/702.
207 In Rule 4.007 omit paragraph (4)(ea).
Sch. para. 207 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
208 In Rule 4.010 omit paragraph (3A).
Sch. para. 208 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
209 In Rule 4.012—
(a) in paragraph (8) omit the words from “(i)” to “whether”; and
(b) for the words “main proceedings or territorial proceedings” substitute “ COMI proceedings, establishment proceedings, or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.
Sch. para. 209 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
210 In Rule 4.024 omit paragraph (6).
Sch. para. 210 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
211 In Rule 4.027 omit paragraph (1)(g).
Sch. para. 211 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
212 In Rule 4.073 —
(a) omit paragraph (1)(a)(ii) and the “or” preceding it; and
(b) omit paragraphs (8) to (10).
Sch. para. 212 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Rule 4.073 was amended by S.R. (NI) 2002 No 261.
213 In Rule 4.228 in paragraph (3) sub-paragraph (m) omit the words “costs referred to in Articles 30 or 59 of the EU Regulation and”.
Sch. para. 213 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Rule 4.228(3)(m) was amended by paragraph 135 of the Schedule to S.I. 2017/702.
214 In Rule 5.04 in paragraph (2)(r) for the words “main proceedings or territorial proceedings” substitute “ COMI proceedings or establishment proceedings ”.
Sch. para. 214 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
215 Omit Rules 5.61 to 5.64 (Chapter 13) .
Sch. para. 215 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Chapter 13, Rules 5.61 and 5.62 were amended by paragraphs 138 and 139 of the Schedule to S.I. 2017/702.
216 In Rule 6.007 in paragraph (1) in sub-paragraph (f) for “another” substitute “ the UK or a ”.
Sch. para. 216 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
217 In Rule 6.013 omit paragraph (5).
Sch. para. 217 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
218 In Rule 6.027 in paragraph (2)(c) omit the wording in the second set of brackets.
Sch. para. 218 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
219 In Rule 6.049 —
(a) in paragraph (1)(d) omit “or” at the end of the sentence; and
(b) omit paragraph (1)(e).
Sch. para. 219 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Rule 6.049 was amended by paragraph 140 of the Schedule to S.I. 2017/702.
220 In Rule 6.090 omit paragraphs (8) to (10).
Sch. para. 220 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
221 In Rule 6.113 omit paragraph (3).
Sch. para. 221 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
222 In Rule 6.222 in paragraph (1) sub-paragraph (m) omit the words “insert costs referred to in Articles 30 or 59 of the EU Regulation and”.
Sch. para. 222 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Rule 6.222(1)(m) was amended by paragraph 141 of the Schedule to S.I. 2017/702.
223 Omit Rules 6.231 and 6.232 (Chapter 26).
Sch. para. 223 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
224 In Rule 7.08A omit “including any member State liquidator”.
Sch. para. 224 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
225 In Rule 7.56 in paragraph (2) for the words in sub-paragraph (e) substitute “ whether the proceedings will be COMI proceedings or establishment proceedings. ” .
Sch. para. 225 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Rule 7.56 was amended by paragraph 142 of the Schedule 70 S.I. 2017/702.
226 Omit Rule 7.57.
Sch. para. 226 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
227 Omit Rule 7.58 (Chapter 11).
Sch. para. 227 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
228 Omit Rule 8.8.
Sch. para. 228 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
229 In Rule 11.01 omit paragraph (3).
Sch. para. 229 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
230 In Rule 11.02 omit paragraph (1)(b) and the “and” preceding it.
Sch. para. 230 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
231 In Rule 11.03 omit paragraph (4).
Sch. para. 231 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
232 In Rule 11.06 omit paragraph (1)(b) and the “and” preceding it.
Sch. para. 232 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
233 In Rule 12.13 omit paragraph (5).
Sch. para. 233 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
234 In Rule 12.19 omit paragraph (3A).
Sch. para. 234 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

PART 10 Other amendments: Northern Ireland

235 The Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005
(1) The Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005 are amended as follows.
S.R. (NI) 2005 No.126; as amended by S.R. (NI) 2005 No 364, S.R. (NI) 2008 No 303, S.R. (NI) 2009 No 245, S.R. (NI) 2014 No 195 and paragraph 144 of the Schedule to S.I. 2017/702.
(2) In regulation 1—
(a) in paragraph (2) omit the definitions of “establishment” and “the Insolvency Regulation”, and
(b) omit paragraph (4A).
(3) In regulation 7—
(a) in paragraph (1) for “paragraphs (2), (4) and (5)” substitute “ paragraphs (2) and (4) ”, and
(b) omit paragraphs (5) and (6).
(4) In regulation 7A—
(a) in paragraph (2) for “paragraphs (3), (5) and (6)” substitute “ paragraphs (3) and (5) ”, and
(b) omit paragraphs (6) and (7).
Sch. para. 235 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

236 The Cross-Border Insolvency Regulations (Northern Ireland) 2007
The Cross-Border Insolvency Regulations (Northern Ireland) 2007 are amended as follows.
Sch. para. 236 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
S.R. (NI) 2007 No. 115; relevant amendments were made by paragraph 144 of the Schedule to S.I. 2017/702.
237 Schedule 1 is amended as follows.
Sch. para. 237 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
238 In article 1 in paragraph 3(b) omit “, other than the United Kingdom,”.
Sch. para. 238 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
239 In article 2—
(a) in sub-paragraph (b) at the end of the definition of “the EU Insolvency Regulation” insert “ as that Regulation forms part of domestic law on and after exit day ”; and
(b) in sub-paragraph (k)—
(i) after “made by or under” insert “ the EU Insolvency Regulation and ”, and
(ii) after “or by or under that” insert “ Regulation or ”.
Sch. para. 239 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
240 Omit article 3.
Sch. para. 240 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
241 In article 16—
(a) after paragraph 2 insert—

“2A Where the EU Insolvency Regulation applies the centre of the debtor's main interests is to be determined in accordance with that Regulation.”

;
(b) for paragraph 3 substitute—

“3 Subject to paragraph 2A, in the absence of proof to the contrary, the debtor's registered office, or habitual residence in the case of an individual, is presumed to be the centre of the debtor's main interests.”

.
Sch. para. 241 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
242 Schedule 2 is amended as follows.
Sch. para. 242 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
243 In paragraph 1 in sub-paragraph (1) omit the definitions of “main proceedings”, “member State liquidator”, “secondary proceedings” and “territorial proceedings”.
Sch. para. 243 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
244 In paragraph 4 omit sub-paragraph (2).
Sch. para. 244 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
245 In paragraph 6 omit sub-paragraph (2)(b) and the “and” preceding it.
Sch. para. 245 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
246 In paragraph 21 omit sub-paragraph (2)(e).
Sch. para. 246 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
247 In paragraph 25 omit sub-paragraph (1)(e).
Sch. para. 247 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
248 In paragraph 26 omit sub-paragraph (3)(c).
Sch. para. 248 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
249 In paragraph 44 omit sub-paragraph (1)(f).
Sch. para. 249 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
250 Omit paragraph 53.
Sch. para. 250 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
251 Schedule 4 is amended as follows.
Sch. para. 251 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
252 In Form ML6 omit paragraph 5 (statement of service on the member State liquidator).
Sch. para. 252 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

PART 11 Amendments to the Employment Rights Act 1996 and the Pension Schemes Act 1993

253 Amendments to the Employment Rights Act 1996
(1) The Employment Rights Act 1996 is amended as follows.
1996 c. 18.
(2) In section 166 —
(a) in subsection (5)—
(i) in paragraph (a) for “(6) or (8A)” substitute “ (6), (8ZA) or (8A) ”;
(ii) in paragraph (b) for “(7) or (8A)”substitute “ (7), (8ZA) or (8A) ”;
(iii) in paragraph (c) for “(8) or (8A)” substitute “ (8), (8ZA) or (8A) ”;
(iv) in paragraph (d) for “(8A)” substitute “ (8ZA) or (8A) ”;
(b) after subsection (8) insert—

“(8ZA) This subsection is satisfied in the case of an employer if—
(a) the employer is a legal person,
(b) a request has been made for the first opening of collective proceedings—
(i) based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and
(ii) involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and
(c) any of the following has decided to open the proceedings—
(i) a court,
(ii) a meeting of creditors, or
(iii) the creditors by a decision procedure.”

;
(c) in subsection (8B) for “subsection (8A)” substitute “ this section ”.
Section 166 was amended by S.I. 2001/1090; S.I. 2012/3014 and S.I. 2017/1205.
(3) In section 183 —
(a) in subsection (1)—
(i) in paragraph (a) for “(2) or (4A)” substitute “ (2), (4ZA) or (4A) ”;
(ii) in paragraph (b) for “(3) or (4A)” substitute “ (3), (4ZA) or (4A) ”;
(iii) in paragraph (c) for “(4) or (4A)” substitute “ (4), (4ZA) or (4A) ”;
(iv) in paragraph (d) for “(4A)” substitute “ (4ZA) or (4A) ”;
(b) after subsection (4) insert—

“(4ZA) This subsection is satisfied in the case of an employer if—
(a) the employer is a legal person,
(b) a request has been made for the first opening of collective proceedings—
(i) based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and
(ii) involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and
(c) any of the following has decided to open the proceedings—
(i) a court,
(ii) a meeting of creditors, or
(iii) the creditors by a decision procedure.”

;
(c) in subsection (4B) for “subsection (4A)” substitute “ this section ”.
Section 183 was amended by S.I. 2001/1090; S.I. 2012/3014 and S.I. 2017/1205.
Sch. para. 253 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

254 Amendments to the Pension Schemes Act 1993
(1) The Pension Schemes Act 1993 is amended as follows—
1993 c. 48.
(2) In section 123 —
(a) for subsection (1)(d) substitute—

“(d) subsection (2A) or (2ZA) is satisfied.”

;
(b) after subsection (2) insert—

“(2ZA) This subsection is satisfied in the case of an employer if—
(a) the employer is a legal person,
(b) a request has been made for the first opening of collective proceedings—
(i) based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and
(ii) involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and
(c) any of the following has decided to open the proceedings—
(i) a court,
(ii) a meeting of creditors, or
(iii) the creditors by a decision procedure.”

;
(c) in subsection (2B) for “subsection (2A)” substitute “ this section ”.
Section 123 was amended by S.I. 2017/1205.
Sch. para. 254 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

PART 12 Amendments to the Employment Rights (Northern Ireland) Order 1996 and the Pension Schemes (Northern Ireland) Act 1993

255 Amendments to the Employment Rights (Northern Ireland) Order 1996
(1) The Employment Rights (Northern Ireland) Order 1996 is amended as follows.
S.I. 1996/1919 (N.I. 16).
(2) In Article 201 (applications for payments) —
(a) in paragraph (5)—
(i) in sub-paragraph (a) after “(6)” insert “ or (8A) ”;
(ii) in sub-paragraph (b) after “(7)” insert “ or (8A) ” and at the end of that sub-paragraph omit “and”;
(iii) in sub-paragraph (c) after “(8)” insert “ or (8A) ”; and
(iv) at the end of sub-paragraph (c) insert—

“, and
(d) where the employer is not any of the above, if (but only if) paragraph (8A) is satisfied.”

;
(b) after paragraph (8) insert—

“8A This paragraph is satisfied in the case of an employer if—
(a) a request has been made for the first opening of collective proceedings—
(i) based on the insolvency of the employer, as provided for under the laws, regulations and administrative provisions of a member State, and
(ii) involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and
(b) the competent authority has—
(i) decided to open the proceedings, or
(ii) established that the employer's undertaking or business has been definitively closed down and the available assets of the employer are insufficient to warrant the opening of the proceedings.
8B For the purposes of paragraph (8A)—
(a) “liquidator or a person performing a similar task” includes the official receiver or an administrator, trustee in bankruptcy, judicial factor, supervisor of a voluntary arrangement, or a person performing a similar task;
(b) “competent authority” includes—
(i) a court,
(ii) a meeting of creditors,
(iii) a creditors' committee,
(iv) the creditors by a decision procedure, and
(v) an authority of a member State empowered to open insolvency proceedings, to confirm the opening of such proceedings or to take decisions in the course of such proceedings.
8C An employee may apply under this Article only if the employee worked or habitually worked in Northern Ireland in that employment to which the application  relates.”

.
Article 201 was amended by regulation 9 of, and Schedule 4 to S.R. (NI) 2004 No. 307; there are other amendments not relevant to these Regulations.
(3) In Article 228 —
(a) in paragraph (1)—
(i) in sub-paragraph (a) after “(2)” insert “ or (4A) ”;
(ii) in sub-paragraph (b) after “(3)” insert “ or (4A) ” and at the end of that sub-paragraph omit “and”;
(iii) in sub-paragraph (c) after “(4)” insert “ or (4A) ”; and
(iv) at the end of sub-paragraph (c) insert—

“, and
(d) where the employer is not any of the above, if (but only if) paragraph (4A) is satisfied.”

;
(b) after paragraph (4) insert—

“4A This paragraph is satisfied in the case of an employer if—
(a) a request has been made for the first opening of collective proceedings—
(i) based on the insolvency of the employer, as provided for under the laws, regulations and administrative provisions of a member State, and
(ii) involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and
(b) the competent authority has—
(i) decided to open the proceedings, or
(ii) established that the employer's undertaking or business has been definitively closed down and the available assets of the employer are insufficient to warrant the opening of the proceedings.
4B For the purposes of paragraph (4A)—
(a) “liquidator or a person performing a similar task” includes the official receiver or an administrator, trustee in bankruptcy, judicial factor, supervisor of a voluntary arrangement, or a person performing a similar task;
(b) “competent authority” includes—
(i) a court,
(ii) a meeting of creditors,
(iii) a creditors' committee,
(iv) the creditors by a decision procedure, and
(v) an authority of a member State empowered to open insolvency proceedings, to confirm the opening of such proceedings or to take decisions in the course of such proceedings.
4C An employee may apply under Article 227 (employee's rights on insolvency of employer) only if the employee worked or habitually worked in Northern Ireland in that employment to which the application relates.”

.
Article 228 was amended by regulation 9 of, and the Schedule 4 to S.R. (NI) 2004 No. 307; there are other amendments not relevant to these Regulations.
Sch. para. 255 in force at 31.1.2019, see reg. 1(2)(c)

256 Amendments to the Pension Schemes (Northern Ireland) Act 1993
(1) The Pension Schemes (Northern Ireland) Act 1993 is amended as follows.
1993 c. 49.
(2) In section 119 —
(a) in subsection (1)—
(i) in paragraph (b) after “Insolvency (Northern Ireland) Order 1989;” omit “or”; and
(ii) at the end of paragraph (c) insert—

“; or
(d) subsection (1A) is satisfied.”

;
(b) after subsection (1) insert—

“(1A) This subsection is satisfied if—
(a) a request has been made for the first opening of collective proceedings—
(i) based on the insolvency of the employer, as provided for under the laws, regulations and administrative provisions of a member State; and
(ii) involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task; and
(b) the competent authority has—
(i) decided to open the proceedings; or
(ii) established that the employer's undertaking or business has been definitively closed down and the available assets of the employer are insufficient to warrant the opening of the proceedings.
(1B) For the purposes of subsection (1A)—
(a) “liquidator or person performing a similar task” includes the official receiver or an administrator, trustee in bankruptcy, judicial factor, supervisor of a voluntary arrangement, or person performing a similar task;
(b) “competent authority” includes—
(i) a court,
(ii) a meeting of creditors,
(iii) a creditors' committee,
(iv) the creditors by a decision procedure, and
(v) an authority of a member State empowered to open insolvency proceedings, to confirm the opening of such proceedings or to take decisions in the course of such proceedings.
(1C) An application under section 120 may only be made in respect of a worker who worked or habitually worked in Northern Ireland in that employment to which the application relates.”

.
Section 119 was amended by paragraph 15 of Schedule 10 and Schedule 11 to the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), paragraph 53 of Schedule 2 and Schedule 9 to the Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)) and section 41(2) of the Pensions Act (Northern Ireland) 2015 (c. 5 (N.I.)).
Sch. para. 256 in force at 31.1.2019, see reg. 1(2)(c)

PART 13 Further amendments to the Employment Rights (Northern Ireland) Order 1996 and the Pension Schemes (Northern Ireland) Act 1993

257 Amendments to the Employment Rights (Northern Ireland) Order 1996
(1) The Employment Rights (Northern Ireland) Order 1996 is amended as follows.
(2) In Article 201 (as amended by paragraph 255(2))—
(a) in paragraph (5)—
(i) in sub-paragraph (a) for “(6) or (8A)” substitute “ (6), (8ZA) or (8A) ”;
(ii) in sub-paragraph (b) for “(7) or (8A)” substitute “ (7), (8ZA) or (8A) ”;
(iii) in sub-paragraph (c) for “(8) or (8A)” substitute “ (8), (8ZA) or (8A) ”;
(iv) in sub-paragraph (d) for “(8A)” substitute “ (8ZA) or (8A) ”;
(b) after paragraph (8) insert—

“8ZA This paragraph is satisfied in the case of an employer if—
(a) the employer is a legal person,
(b) a request has been made for the first opening of collective proceedings—
(i) based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and
(ii) involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and
(c) any of the following has decided to open the proceedings—
(i) a court,
(ii) a meeting of creditors, or
(iii) the creditors by a decision procedure.”

;
(c) in paragraph (8B) for “paragraph (8A)” substitute “ this Article ”.
(3) In Article 228 (as amended by paragraph 255(3))—
(a) in paragraph (1)—
(i) in sub-paragraph (a) for “(2) or (4A)” substitute “ (2), (4ZA) or (4A) ”;
(ii) in sub-paragraph (b) for “(3) or (4A)” substitute “ (3), (4ZA) or (4A) ”;
(iii) in sub-paragraph (c) for “(4) or (4A)” substitute “ (4), (4ZA) or (4A) ”;
(iv) in sub-paragraph (d) for “(4A)” substitute “ (4ZA) or (4A) ”;
(b) after paragraph (4) insert—

“4ZA This paragraph is satisfied in the case of an employer if—
(a) the employer is a legal person,
(b) a request has been made for the first opening of collective proceedings—
(i) based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and
(ii) involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and
(c) any of the following has decided to open the proceedings—
(i) a court,
(ii) a meeting of creditors, or
(iii) the creditors by a decision procedure.”

;
(c) in paragraph (4B) for “paragraph (4A)” substitute “ this Article ”.
Sch. para. 257 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

258 Amendments to the Pension Schemes (Northern Ireland) Act 1993
(1) The Pension Schemes (Northern Ireland) Act 1993 is amended as follows.
(2) In section 119 (as amended by paragraph 256(2))—
(a) in subsection (1)(d) for “(1A)” substitute “ (1ZA) or (1A) ”;
(b) after subsection (1) insert—

“(1ZA) This subsection is satisfied in the case of an employer if—
(a) the employer is a legal person,
(b) a request has been made for the first opening of collective proceedings—
(i) based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and
(ii) involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and
(c) any of the following has decided to open the proceedings—
(i) a court,
(ii) a meeting of creditors, or
(iii) the creditors by a decision procedure.”

; and
(c) in subsection (1B) for “subsection (1A)” substitute “ this section ”.
Sch. para. 258 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

(This note is not part of the Regulations)
These Regulations are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(b) to (d)) arising from the withdrawal of the United Kingdom from the European Union. These Regulations make amendments to legislation in the field of cross-border insolvency. These Regulations also contain minor amendments to the Insolvency (Northern Ireland) Order 1989 and to employment legislation in Northern Ireland bringing that legislation into line with EU law. These amendments are made under section 2(2) of the European Communities Act 1972 (c. 21) (“the ECA”) and come into force on the day after these Regulations are made.
The EU Regulation on insolvency proceedings ((EU) 2015/848) (“the EUIR”) determines in which member State main insolvency proceedings may be opened and provides that decisions opening proceedings are to be recognised in other member States. Main proceedings may only be opened in the state where the centre of the debtor's main interests, or COMI, is located. Secondary proceedings may be brought in a state where the debtor has an establishment. The EUIR makes other provisions to facilitate the operation of cross-border insolvency proceedings including for co-operation between courts and insolvency practitioners.
These Regulations address the deficiencies that will arise from the absence of mutual application of the EUIR. It is not appropriate to continue to apply the EUIR unilaterally in respect of EU proceedings when member States will not apply the Regulation to UK proceedings. There is however a saving and transitional provision in regulations 4 and 5 which continues to apply the EUIR, the previous EU insolvency regulation and the associated domestic law where main proceedings have been opened before exit day. The court may decide not to apply these Regulations in the circumstances set out in regulation 5.
Part 1 amends the EUIR. It retains the jurisdictional test based on COMI as an additional test of jurisdiction. The restrictions on opening insolvency proceedings where the COMI is in a member State are removed. The majority of the EUIR, which is based on mutual application between member States, is omitted. This Part extends to the whole of the United Kingdom.
Parts 2 and 3 make consequential amendments to the Insolvency Act 1986 (c. 45). These Parts extend to England and Wales and Scotland, with a few exceptions set out in regulation 3(a).
Part 4 amend the Insolvency (England and Wales) Rules 2016. These amendments are consequential on the amendments made to the EUIR by Part 1. These Rules govern the conduct of corporate and personal insolvency proceedings under the Insolvency Act 1986 in England and Wales.
Parts 5 and 6 make further consequential amendments. These include amendments to the Cross-Border Insolvency Regulation 2006 which will apply after exit day to new cross-border proceedings previously within the EUIR. Parts 5 and 6 extend to England and Wales and Scotland.
Part 7 makes consequential amendments to a number of sections of the Insolvency Act 1986 as those sections are in force in Scotland. These sections were amended by the Small Business, Enterprise and Employment Act 2015. Those amendments have been commenced for England and Wales but have not yet been commenced for Scotland. Hence different versions of those sections are in force in England and Wales and in Scotland. Part 7 only applies to Scotland.
Part 8 amends the Insolvency (Scotland) Rules 1986 as they provide for corporate insolvency proceedings in Scotland. These amendments are consequential on the amendments to the EUIR. Part 8 only applies to Scotland.
Part 9 makes amendments to the Insolvency Northern Ireland Order 1989 and the Insolvency Rules (Northern Ireland) 1991 covering both corporate and personal insolvency. These amendments are consequential on the amendments to the EUIR. Paragraph 177 amends the existing law on bankruptcy to provide for jurisdiction where the debtor has an establishment in Northern Ireland. This brings the jurisdictional tests into line with the EUIR. The amendment is made under section 2(2) of the ECA and comes into force the day after the Regulations are made. Part 10 makes a consequential amendment to the Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005 and to the Cross-Border Insolvency Regulations (Northern Ireland) 2007. Parts 9 and 10 only extend to Northern Ireland.
Part 11 makes amendments to the Employment Rights Act 1996 (c. 18) and the Pension Schemes Act 1993 (c. 48). The relevant provisions provide for payment to employees of outstanding sums owed to them in defined circumstances where their employer becomes insolvent. Part 11 applies to England and Wales and Scotland.
Part 12 makes amendments to Articles 201 and 228 of the Employment Rights (Northern Ireland) Order 1996 and section 119 of the Pension Schemes (Northern Ireland) Act 1993 to bring those provisions into line with Directive 2008/94 EC of the European Parliament and the Council on the protection of employees in the event of the insolvency. These provisions provide for payment to employees of certain sums owed to them and unpaid pensions contributions in circumstances where their employer becomes insolvent. These amendments are made under section 2(2) ECA and come into force the day after the Regulations are made. They only extend to Northern Ireland.
Part 13 makes further amendments to Articles 201 and 228 of the Employment Rights (Northern Ireland) Order 1996 and section 119 of the Pension Schemes (Northern Ireland) Act 1993 to ensure those provisions operate effectively after the withdrawal of the United Kingdom from the European Union. These amendments apply to Northern Ireland and are equivalent to those made by Part 11 for England and Wales and Scotland.
In accordance with the Government Better Regulation principles, a proportionate analysis of costs and benefit has been completed. This analysis has found that the overall impact on business will likely be less than £5m per year. An Explanatory Memorandum is also available with these Regulations on www.legislation.gov.uk. Copies have been placed in the Libraries of both Houses of Parliament.