The Insolvency (Amendment) (EU Exit) Regulations 2019

PART 2 U.K. Amendments to the Insolvency Act 1986

16.  The Insolvency Act 1986 M1 is amended as follows. U.K.

Commencement Information

I1 Sch. para. 16 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M1 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) M2 — U.K.

(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 ”.

Commencement Information

I2 Sch. para. 17 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M2 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) M3 . U.K.

Commencement Information

I3 Sch. para. 18 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M3 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) M4 . U.K.

Commencement Information

I4 Sch. para. 19 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M4 Subsection (7) was inserted by S.I. 2002/1240 and was amended by S.I. 2017/702.

20.  In section 120 omit subsection (6). U.K.

Commencement Information

I5 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)”M5 . U.K.

Commencement Information

I6 Sch. para. 21 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M5 Subsection (1) has been amended by S.I.s 2002/1240 and 2017/702.

22.  In section 146 omit subsections (6) and (7) M6 . U.K.

Commencement Information

I7 Sch. para. 22 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M6 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 M7 . U.K.

Commencement Information

I8 Sch. para. 23 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M7 Section 146A was inserted by S.I. 2017/702.

24.—(1) Section 201 is amended as follows M8 . U.K.

(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).

Commencement Information

I9 Sch. para. 24 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M8 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.

25.—(1) Section 202 is amended as follows M9 . U.K.

(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)”.

Commencement Information

I10 Sch. para. 25 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M9 Section 202 was amended by S.I. 2017/702.

26.—(1) Section 205 is amended as follows M10 . U.K.

(2) In subsection (2) omit “and any statement under section 146(7) or 146A(2)”.

(3) Omit subsections (2A) and (2B).

Commencement Information

I11 Sch. para. 26 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M10 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.

27.  In section 225 omit subsection (2). U.K.

Commencement Information

I12 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”. U.K.

Commencement Information

I13 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 M11 in subsection (3) omit paragraph (b) and the “, or” preceding it. U.K.

Commencement Information

I14 Sch. para. 29 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M11 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”M12 . U.K.

Commencement Information

I15 Sch. para. 30 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M12 These definitions were inserted by S.I. 2017/702.

31.—(1) Section 263I is amended as follows. U.K.

(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.”.

Commencement Information

I16 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) M13 . U.K.

Commencement Information

I17 Sch. para. 32 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M13 Paragraphs (ba) and (bb) were inserted by S.I. 2002/1240.

33.—(1) Section 265 is amended as follows. U.K.

(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.”.

Commencement Information

I18 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 M14 omit subsection (6). U.K.

Commencement Information

I19 Sch. para. 34 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M14 Subsection (6) was inserted by S.I. 2002/1240 and amended by S.I. 2017/702.

35.  In section 387 M15 in subsection (3)— U.K.

(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)”.

Commencement Information

I20 Sch. para. 35 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M15 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 M16 omit subsection (6). U.K.

Commencement Information

I21 Sch. para. 36 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M16 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 ”. U.K.

Commencement Information

I22 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 ”. U.K.

Commencement Information

I23 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 ”. U.K.

Commencement Information

I24 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 ”. U.K.

Commencement Information

I25 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— U.K.

“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.”

Commencement Information

I26 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 ”. U.K.

Commencement Information

I27 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 M17 . U.K.

Commencement Information

I28 Sch. para. 43 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M17 Section 436A was inserted by S.I. 2002/1240.

44.  In Schedule B1 M18 — U.K.

(a) in paragraph 84 M19 —

(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 111 M20 —

(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 ”.

Commencement Information

I29 Sch. para. 44 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M18 Schedule B1 was inserted by section 248 of the Enterprise Act 2002 (c. 40).

M19 Paragraph 84 was amended by S.I. 2017/702.

M20 In paragraph 111 sub-paragraph (1A) was inserted by S.I. 2005/879.