SCHEDULEU.K.

PART 4U.K.Amendments to the Insolvency (England and Wales) Rules 2016

48.—(1) Rule 1.7 is amended as follows M1.U.K.

(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..

Commencement Information

I1Sch. para. 48 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M1Rule 1.7 has been amended by S.I. 2017/1115.