2019 No. 146
The Insolvency (Amendment) (EU Exit) Regulations 2019
Made
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 20181 and section 2(2) of the European Communities Act 19722.
The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to insolvency3 and the protection of employees in the event of the insolvency of their employers4.
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.
Citation and commencement1
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.
Amendments2
The Schedule has effect.
Extent and application3
Any provision of these Regulations amending or applying an enactment has the same extent as the enactment amended or applied, except that—
a
the amendments made to the Insolvency Act 1986 by paragraphs 18, 22, 24 and 26 of the Schedule extend to England and Wales only; and
b
the amendments made to that Act by Part 7 of the Schedule apply to Scotland only.
Temporal application and savings
4
1
Subject to regulation 5 nothing in these Regulations affects—
a
the application of Council Regulation (EC) 1346/20005 to insolvency proceedings which fall within the scope of that Regulation and were opened before 26 June 2017; and
b
the saving for the existing law in article 3 of the Insolvency Amendment (EU 2015/848) Regulations 20176.
2
Where main proceedings under the EU Insolvency Regulation were opened before exit day the amendments made by these Regulations do not apply in respect of—
a
those proceedings;
b
secondary proceedings in respect of the same debtor;
c
any proceedings falling within Article 6 of the EU Insolvency Regulation.
3
In applying paragraphs (1) and (2) references to the EU and to its members are to be read as if the United Kingdom were a member.
4
The time at which proceedings are opened is to be determined in accordance with Article 2(8) of the EU Insolvency Regulation.
5
In this regulation and regulation 5 the EU Insolvency Regulation means Regulation (EU) 2015/848 of the European Parliament and of the Council on insolvency proceedings7.
5
1
Paragraph (2) applies where in any particular case Council Regulation (EC) 1346/2000 or the EU Insolvency Regulation applies in the United Kingdom by virtue of regulation 4 and the court considers that the effect is or would be different to what would be the effect had a member State treated the United Kingdom as a member State under the relevant Regulation, and either—
a
the court considers that one or more of the following would be materially prejudiced—
i
the interests of a creditor (whether alone or in common with some or all other creditors),
ii
the interests of the debtor,
iii
where the debtor is a body corporate, the interests of a member (whether alone or in common with some or all other members) of the debtor; or
b
the court considers it would be manifestly contrary to public policy to apply the relevant Regulation.
SCHEDULE
PART 1Amendment of retained direct EU legislation
Amendments to the EU Insolvency Regulation
1
Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings is amended as follows.
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”.10
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).
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.
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.”.
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”.
7
Omit Articles 6 to 24 and 26 to 8311.
8
In Article 84 omit—
a
the second sentence of paragraph 1, and
b
paragraph 2.
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”.
10
Omit Articles 86 to 90.
11
In Article 91 omit the second sentence.
12
In Article 92 omit point (c).
13
Omit the sentence immediately following Article 92 which begins “This Regulation shall be binding”.
14
Omit Annex A.
15
In Annex B omit all the entries other than those for the United Kingdom.
PART 2Amendments to the Insolvency Act 1986
16
The Insolvency Act 198612 is amended as follows.
17
In section 1 in subsection (4)13—
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”.
18
In section 106 omit subsections (4A) and (4B)14.
19
In section 117 omit subsection (7)15.
20
In section 120 omit subsection (6).
21
In section 124 in subsection (1) omit the words from “or by a member State liquidator” to “Article 52 of the EU Regulation)”16.
22
In section 146 omit subsections (6) and (7)17.
23
Omit section 146A18.
24
1
Section 201 is amended as follows19.
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).
25
1
Section 202 is amended as follows20.
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)”.
26
1
Section 205 is amended as follows21.
2
In subsection (2) omit “and any statement under section 146(7) or 146A(2)”.
3
Omit subsections (2A) and (2B).
27
In section 225 omit subsection (2).
28
In section 240 in subsection (3)(d) omit the words from “either following” to “Article 51 of the EU Regulation or”.
29
In section 24722 in subsection (3) omit paragraph (b) and the “, or” preceding it.
30
In section 251 omit the definitions of “EU insolvency proceedings” and “member State liquidator”23.
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
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.
32
In section 264 in subsection (1) omit paragraphs (ba) and (bb)24.
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
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.
34
In section 33025 omit subsection (6).
35
In section 38726 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)”.
36
In section 38827 omit subsection (6).
37
In section 411 in subsection (2B) for the words from “an offence” to the end of the sentence substitute “a new relevant offence”.
38
In section 412 in subsection (2B) for the words from “an offence” to the end of the sentence substitute “a new relevant offence”.
39
In section 420 in subsection (1B) for the words from “an offence” to the end of the sentence substitute “a new relevant offence”.
40
In section 421 in subsection (1B) for the words from “an offence” to the end of the sentence substitute “a new relevant offence”.
41
After section 422 insert—
422AMeaning 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.
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”.
43
Omit section 436A28.
44
In Schedule B129—
a
in paragraph 8430—
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)”;
b
in paragraph 11131—
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”.
PART 3Administration 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 follows32.
2
In section 8 for “Article 3 of the EC Regulation” substitute “Article 1 of the EU Regulation”.
PART 4Amendments to the Insolvency (England and Wales) Rules 2016
46
The Insolvency (England and Wales) Rules 201633 are amended as follows.
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;
48
1
Rule 1.7 is amended as follows34.
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
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.
49
In rule 1.20 delete paragraph (1)(o).
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;
51
In rule 2.14 in paragraph (2A)35 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”.
52
In rule 2.25 in paragraph (2A)36 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”.
53
In rule 2.3837 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”.
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”.
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”.
56
In rule 3.8 omit paragraph (3)(c).
57
In rule 3.10 in sub-paragraph (b) omit “(including the United Kingdom)” and “other than the United Kingdom”.
58
In rule 3.12 omit paragraph (1)(g).
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”.
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”.
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”.
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”.
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”.
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”.
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”.
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”.
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”.
68
In rule 3.63 in paragraph (4) omit sub-paragraph (d).
69
In rule 3.68 in paragraph (2) omit sub-paragraph (g).
70
In rule 6.42 in paragraph (4)(f) omit “costs referred to in Articles 30 or 59 of the EU Regulation and”.
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”.
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”.
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.
74
In rule 7.17 omit paragraph (2)(b) and the “or” preceding it.
75
In rule 7.18 in sub-paragraph (c) —
a
insert “or” before “contributory”, and
b
omit “or member State liquidator”.
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”.
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”.
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”.
79
In rule 7.29 omit paragraph (6).
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”.
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”.
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”.
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”.
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”.
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”.
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;
87
In rule 10.8 in paragraph (1) in sub-paragraph (g) for “another” substitute “the UK or a”.
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.
89
In rule 10.14 omit paragraph (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”.
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”.
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
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
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”.
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”.
96
In rule 10.149 in sub-paragraph (n) omit the words “costs referred to in Article 30 of the EU Regulation and”.
97
In rule 12.15 in paragraph (2) omit “including any member State liquidator”.
98
In rule 14.16 omit paragraph (3).
99
In rule 14.32 omit paragraph (4).
100
In rule 15.11 in the table in paragraph (1) omit the entry for “Main proceedings in another member State”.
101
In rule 15.28 in paragraph (3) omit sub-paragraph (b) and the “or” preceding it.
102
Omit rule 15.30.
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”.
104
Omit rules 21.1 to 21.338.
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.
106
Omit rules 21.6 to 21.17.
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).
PART 5Other amendments: England and Wales
The Administration of Insolvent Estates of Deceased Persons Order 1986108
1
The Administration of Insolvent Estates of Deceased Persons Order 198639 is amended as follows.
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).
The Land Registration Rules 2003109
In the Land Registration Rules 200340 omit rule 171.
The Civil Proceedings Fees Order 2008110
1
The Civil Proceedings Fees Order 200841 is amended as follows.
2
In the Table in Schedule 1 omit the entry for fee 3.6.
PART 6Other amendments: England, Wales and Scotland
The Pension Protection Fund (Entry Rules) Regulations 2005111
1
The Pension Protection Fund (Entry Rules) Regulations 200542 are amended as follows.
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).
The Cross-Border Insolvency Regulations 2006
112
The Cross-Border Insolvency Regulations 200643 are amended as follows.
113
Schedule 1 is amended as follows.
114
In article 1 in paragraph 3(b) omit “, other than the United Kingdom,”.
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”.
116
Omit article 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.
118
Schedule 2 is amended as follows.
119
In paragraph 1 in sub-paragraph (1)44 omit the definitions of “main proceedings”, “member State liquidator”, “secondary proceedings” and “territorial proceedings”.
120
In paragraph 4 omit sub-paragraph (2).
121
In paragraph 6 omit sub-paragraph (2)(b) and the “and” preceding it.
122
In paragraph 21 omit sub-paragraph (2)(e).
123
In paragraph 25 omit sub-paragraph (1)(e).
124
In paragraph 26 omit sub-paragraph (3)(c).
125
In paragraph 46 omit sub-paragraph (1)(f).
126
Schedule 3 is amended as follows.
127
In paragraph 1 in sub-paragraph (1) omit the definitions of “main proceedings” and “member State liquidator”.
128
In paragraph 6 omit sub-paragraph (1)(e).
129
In paragraph 7 omit sub-paragraph (3)(c).
130
In paragraph 9 omit sub-paragraph (1)(f).
131
Schedule 5 is amended as follows.
132
In Form ML6 omit paragraph 5 (statement of service on the member State liquidator).
PART 7Amendments to the Insolvency Act 1986 applying to Scotland only
133
The Insolvency Act 1986 is amended as follows45.
134
In section 106 omit subsections (7) and (8).
135
In section 172 omit subsections (9) and (10).
136
In section 201—
a
in subsection (2) omit “and any statement under section 106(8)” and “(except where subsection (2A) applies)”; and
b
omit subsections (2A) and (2B).
137
In section 204 omit subsections (4A) to (4E).
138
In section 20546—
a
in subsection (2) for the words from “on receipt of the notice” to “register it or them” substitute “on receipt of the notice, forthwith register it”; and
b
omit subsections (2A) and (2B).
PART 8Amendments to the Insolvency (Scotland) Rules 1986
139
The Insolvency (Scotland) Rules 198647 are amended as follows.
140
In rule 0.2—
a
at the end of the definition of “EU regulation” insert “as it forms part of domestic law on and after exit day”;
b
omit the following definitions—
i
“main proceedings”,
ii
“member State liquidator”,
iii
“secondary proceedings”,
iv
“territorial proceedings”;
c
in the definition of “centre of main interests” after “interests” insert “(COMI)”;
d
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 proceedings” means insolvency proceedings in Scotland to which the EU Regulation applies where the debtor has an establishment in the United Kingdom;
141
In rule 1.3 in paragraph (2)(p) for “main proceedings or territorial proceedings” substitute “COMI proceedings or establishment proceedings”.
142
In rule 1.748 in paragraph (2A) for “main proceedings, territorial proceedings or secondary proceedings” substitute “COMI proceedings or establishment proceedings”.
143
In rule 1.10 in paragraph (d) for “main proceedings, territorial proceedings or secondary proceedings” substitute “COMI proceedings or establishment proceedings”.
144
In rule 1.17 in paragraph (2) in sub-paragraph (ca)(ii) for “main proceedings or territorial proceedings or secondary proceedings” substitute “COMI proceedings or establishment proceedings”.
145
In rule 1.2849 in paragraph (2A) for “main proceedings, territorial proceedings, or secondary proceedings” substitute “COMI proceedings or establishment proceedings”.
146
In rule 1.2950 in paragraph (2)(c) 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”.
147
In Part 1 omit rules 1.46 to 1.49 (Chapters 8 and 9).
148
In rule 2.2 in paragraph (3) for “main, secondary or territorial proceedings” substitute “COMI proceedings or establishment proceedings”.
149
In rule 2.351 omit paragraph (1)(b).
150
In rule 2.2552 in paragraph (1) in sub-paragraph (q)(ii) for “main, secondary or territorial proceedings” substitute “COMI proceedings or establishment proceedings”.
151
In Part 2 omit rules 2.57 to 2.60 (Chapters 12 and 13).
152
In rule 4.15—
a
in paragraph (5) omit sub-paragraph (b) and the “or” preceding it; and
b
omit paragraphs (5B), (5C) and (5D).
153
In rule 4.16C omit paragraphs (3) to (5).
154
In rule 4.6753 in paragraph (1)(a) omit the words from “including any costs” to “the EU Regulation”.
155
In rule 4.6854 omit paragraph (11).
156
In rule 4.75A55 in paragraph (4) omit sub-paragraph (b) and the “or” preceding it.
157
In Part 4 omit rule 4.83 (Chapter 14).
158
In Chapter 15—
a
in rule 4.84 for paragraph (2)(e) substitute—
e
that the company’s centre of main interests is in the United Kingdom or there is an establishment in the United Kingdom and the reasons for so stating.
b
omit rule 4.85.
159
Omit rules 7.20A to 7.20J
160
In rule 7.26 omit paragraph (2A) as inserted by regulation 28(2) of the Insolvency (Scotland) Regulations 200356.
PART 9Amendments to the Insolvency (Northern Ireland) Order 1989 and the Insolvency Rules (Northern Ireland) 1991
Amendments to the Insolvency (Northern Ireland) Order 1989
161
The Insolvency (Northern Ireland) Order 198957 is amended as follows.
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”58.
163
In Article 2(2) omit the definitions of “EU insolvency proceedings” and “member State liquidator”59.
164
Omit Article 2A60.
165
In Article 3 omit paragraph (6).
166
In Article 6 in paragraph (3) omit sub-paragraph (b) and the “or” preceding it.
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”.
168
In Article 80 omit paragraphs (3A) and (3B)61.
169
In Article 104 in paragraph (1) omit the words from “or by a member State liquidator” to “Article 52 of the EU Regulation)”62.
170
In Article 124 omit paragraphs (6) and (7)63.
171
Omit Article 124A64.
172
1
Article 166 is amended as follows65.
2
In paragraph (2) omit “and any statement under Article 80(3B)” and “(except where paragraph (2A) applies)”.
3
Omit paragraphs (2A) and (2B).
173
1
Article 167 is amended as follows66.
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”.
174
1
Article 16967 is amended as follows.
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).
175
In Article 20468 in paragraph (3)(d) omit the words from “either following” to “Article 51 of the EU Regulation or”.
176
In Article 238 in paragraph (1) omit sub-paragraphs (ba) and (bb)69.
177
For Article 239 substitute—
Conditions to be satisfied in respect of debtor239
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.
178
1
Article 23970 (as substituted by paragraph 177) is amended as follows.
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”.
179
In Article 303 omit paragraph (6)71.
180
In Article 347 in paragraph (3)72—
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),”.
181
In Article 35973 in paragraph (2B) for the words from “an offence” to the end of the sentence substitute “a new relevant offence (see Article 366A)”.
182
In Article 36474 in paragraph (1B) for the words from “an offence” to the end of the sentence substitute “a new relevant offence (see Article 366A)”.
183
In Article 36575 in paragraph (1B) for the words from “an offence” to the end of the sentence substitute “a new relevant offence (see Article 366A)”.
184
After Article 366 insert—
Meaning of “relevant offence”366A
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.
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 8576—
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)”.
Amendments to the Insolvency Rules (Northern Ireland) 1991
186
The Insolvency Rules (Northern Ireland) 199177 are amended as follows.
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”.
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.
189
In Rule 1.09 in paragraph (1A)79 for the words “main, secondary, territorial” substitute “COMI proceedings, establishment proceedings”.
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;”80.
191
Omit Rules 1.31 to 1.33 (Chapter 7)81.
192
Omit Rule 1.34 (Chapter 8)82.
193
In Rule 1.39 in paragraph (2)(c) for the words “main, secondary, territorial” substitute “COMI proceedings, establishment proceedings”83.
194
In Rule 2.001 in paragraph (d) omit the reference to Chapters 14 and 15.
195
In Rule 2.004 in paragraph (4) for the words from “main” to the second “proceedings” substitute “COMI proceedings or establishment proceedings”.
196
In Rule 2.006 omit paragraph (3)(c).
197
In Rule 2.012 omit paragraph (1)(g).
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
199
In Rule 2.039 omit—
a
paragraph (1)(a)(ii) and the “or” preceding it, and
b
paragraphs (8) to (11).
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”84.
201
In Rule 2.096 omit paragraph (2)(a)(ii) and the “and” preceding it.
202
In Rule 2.097 omit paragraph (4).
203
In Rule 2.099 in paragraph (1) omit the words from “and” to the end of the sentence.
204
In Rule 2.121 omit paragraph (2).
205
Omit Rules 2.131 to 2.133 (Chapter 14)85.
206
Omit Rules 2.134 to 2.143 (Chapter 15)86.
207
In Rule 4.007 omit paragraph (4)(ea).
208
In Rule 4.010 omit paragraph (3A).
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”.
210
In Rule 4.024 omit paragraph (6).
211
In Rule 4.027 omit paragraph (1)(g).
212
In Rule 4.07387—
a
omit paragraph (1)(a)(ii) and the “or” preceding it; and
b
omit paragraphs (8) to (10).
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”88.
214
In Rule 5.04 in paragraph (2)(r) for the words “main proceedings or territorial proceedings” substitute “COMI proceedings or establishment proceedings”.
215
Omit Rules 5.61 to 5.64 (Chapter 13)89.
216
In Rule 6.007 in paragraph (1) in sub-paragraph (f) for “another” substitute “the UK or a”.
217
In Rule 6.013 omit paragraph (5).
218
In Rule 6.027 in paragraph (2)(c) omit the wording in the second set of brackets.
219
In Rule 6.04990—
a
in paragraph (1)(d) omit “or” at the end of the sentence; and
b
omit paragraph (1)(e).
220
In Rule 6.090 omit paragraphs (8) to (10).
221
In Rule 6.113 omit paragraph (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” 91.
223
Omit Rules 6.231 and 6.232 (Chapter 26).
224
In Rule 7.08A omit “including any member State liquidator”.
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.”92.
226
Omit Rule 7.57.
227
Omit Rule 7.58 (Chapter 11).
228
Omit Rule 8.8.
229
In Rule 11.01 omit paragraph (3).
230
In Rule 11.02 omit paragraph (1)(b) and the “and” preceding it.
231
In Rule 11.03 omit paragraph (4).
232
In Rule 11.06 omit paragraph (1)(b) and the “and” preceding it.
233
In Rule 12.13 omit paragraph (5).
234
In Rule 12.19 omit paragraph (3A).
PART 10Other amendments: Northern Ireland
The Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005235
1
The Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 200593 are amended as follows.
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).
The Cross-Border Insolvency Regulations (Northern Ireland) 2007
236
The Cross-Border Insolvency Regulations (Northern Ireland) 200794 are amended as follows.
237
Schedule 1 is amended as follows.
238
In article 1 in paragraph 3(b) omit “, other than the United Kingdom,”.
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”.
240
Omit article 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.
242
Schedule 2 is amended as follows.
243
In paragraph 1 in sub-paragraph (1) omit the definitions of “main proceedings”, “member State liquidator”, “secondary proceedings” and “territorial proceedings”.
244
In paragraph 4 omit sub-paragraph (2).
245
In paragraph 6 omit sub-paragraph (2)(b) and the “and” preceding it.
246
In paragraph 21 omit sub-paragraph (2)(e).
247
In paragraph 25 omit sub-paragraph (1)(e).
248
In paragraph 26 omit sub-paragraph (3)(c).
249
In paragraph 44 omit sub-paragraph (1)(f).
250
Omit paragraph 53.
251
Schedule 4 is amended as follows.
252
In Form ML6 omit paragraph 5 (statement of service on the member State liquidator).
PART 11Amendments to the Employment Rights Act 1996 and the Pension Schemes Act 1993
Amendments to the Employment Rights Act 1996253
1
The Employment Rights Act 199695 is amended as follows.
2
In section 16696—
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”.
3
In section 18397—
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”.
Amendments to the Pension Schemes Act 1993254
1
The Pension Schemes Act 199398 is amended as follows—
2
In section 12399—
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”.
PART 12Amendments to the Employment Rights (Northern Ireland) Order 1996 and the Pension Schemes (Northern Ireland) Act 1993
Amendments to the Employment Rights (Northern Ireland) Order 1996255
1
The Employment Rights (Northern Ireland) Order 1996100 is amended as follows.
2
In Article 201 (applications for payments)101—
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.
3
In Article 228102—
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.
Amendments to the Pension Schemes (Northern Ireland) Act 1993256
1
The Pension Schemes (Northern Ireland) Act 1993103 is amended as follows.
2
In section 119104—
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.
PART 13Further amendments to the Employment Rights (Northern Ireland) Order 1996 and the Pension Schemes (Northern Ireland) Act 1993
Amendments to the Employment Rights (Northern Ireland) Order 1996257
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”.
Amendments to the Pension Schemes (Northern Ireland) Act 1993258
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.
c
in subsection (1B) for “subsection (1A)” substitute “this section”.
(This note is not part of the Regulations)