SCHEDULE
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).