SCHEDULE

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

I146

The Insolvency (England and Wales) Rules 2016 M1 are amended as follows.

I247

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;

I348

1

Rule 1.7 is amended as follows M2.

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.

I449

In rule 1.20 delete paragraph (1)(o).

I550

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;

I651

In rule 2.14 in paragraph (2A) M3 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 ”.

I752

In rule 2.25 in paragraph (2A) M4 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 ”.

I853

In rule 2.38 M5 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 ”.

I954

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 ”.

I1055

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 ”.

I1156

In rule 3.8 omit paragraph (3)(c).

I1257

In rule 3.10 in sub-paragraph (b) omit “(including the United Kingdom)” and “other than the United Kingdom”.

I1358

In rule 3.12 omit paragraph (1)(g).

I1459

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 ”.

I1560

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 ”.

I1661

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 ”.

I1762

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 ”.

I1863

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 ”.

I1964

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 ”.

I2065

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 ”.

I2166

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 ”.

I2267

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”.

I2368

In rule 3.63 in paragraph (4) omit sub-paragraph (d).

I2469

In rule 3.68 in paragraph (2) omit sub-paragraph (g).

I2570

In rule 6.42 in paragraph (4)(f) omit “costs referred to in Articles 30 or 59 of the EU Regulation and”.

I2671

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 ”.

I2772

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 ”.

I2873

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.

I2974

In rule 7.17 omit paragraph (2)(b) and the “or” preceding it.

I3075

In rule 7.18 in sub-paragraph (c) —

a

insert “ or ” before “contributory”, and

b

omit “or member State liquidator”.

I3176

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 ”.

I3277

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 ”.

I3378

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 ”.

I3479

In rule 7.29 omit paragraph (6).

I3580

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 ”.

I3681

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 ”.

I3782

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 ”.

I3883

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”.

I3984

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 ”.

I4085

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 ”.

I4186

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;

I4287

In rule 10.8 in paragraph (1) in sub-paragraph (g) for “another” substitute “ the UK or a ”.

I4388

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.

I4489

In rule 10.14 omit paragraph (3).

I4590

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”.

I4691

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”.

I4792

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

I4893

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

I4994

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 ”.

I5095

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 ”.

I5196

In rule 10.149 in sub-paragraph (n) omit the words “costs referred to in Article 30 of the EU Regulation and”.

I5297

In rule 12.15 in paragraph (2) omit “including any member State liquidator”.

I5398

In rule 14.16 omit paragraph (3).

I5499

In rule 14.32 omit paragraph (4).

I55100

In rule 15.11 in the table in paragraph (1) omit the entry for “Main proceedings in another member State”.

I56101

In rule 15.28 in paragraph (3) omit sub-paragraph (b) and the “or” preceding it.

I57102

Omit rule 15.30.

I58103

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”.

I59104

Omit rules 21.1 to 21.3 M6.

I60105

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.

I61106

Omit rules 21.6 to 21.17.

I62107

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).