The Insolvency (Amendment) (EU Exit) Regulations 2019

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

(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.”.

(1)

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