Citation and commencement _I1

1. —(1) These Regulations may be cited as the Insolvency (Amendment) (EU Exit) Regulations 2019.

(2) The following provisions of these Regulations come into force on the day after these Regulations are made—

(a) regulation 2 as it relates—

(i) to paragraph 177 of the Schedule, and

(ii) Part 12 of the Schedule,

(b) paragraph 177 of the Schedule, and

(c) Part 12 of the Schedule.

(3) The remainder of these Regulations come into force on exit day.

Amendments _I2,I3

2. The Schedule has effect.

Extent and application _I4

3. Any provision of these Regulations amending or applying an enactment has the same extent as the enactment amended or applied, except that—

^F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the amendments made to [^F2the Insolvency Act 1986^F2] by Part 7 of the Schedule apply to Scotland only.

Temporal application and savings _I5

^F34. —(1) ... Nothing in these Regulations affects—

^F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) ^M5 the saving for the existing law in article 3 of the Insolvency Amendment (EU 2015/848) Regulations 2017 .

[^F5 (2) The amendments made by these Regulations do not apply in respect of any insolvency proceedings and actions falling within Article 67(3)(c) of the withdrawal agreement. ^F5]

^F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F7 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F8 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 2

SCHEDULE

PART 1 Amendment of retained direct EU legislation

Amendments to the EU Insolvency Regulation _{I6,I7,I8,I9,I10,I11,I12,I13,I14,I15,I16,I17,I18,I19,I20}

1. Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings is amended as follows.

2. —(1)Article 1 is amended as follows.

(2) For the heading substitute “ Application and jurisdiction ” .

(3) For paragraph 1 substitute—

“ 1. The grounds for jurisdiction to open insolvency proceedings set out in paragraph 1B are in addition to any grounds for jurisdiction to open such proceedings which apply in the laws of any part of the United Kingdom.

1A. There is jurisdiction to open insolvency proceedings listed in paragraph 1B where the proceedings are opened for the purposes of rescue, adjustment of debt, reorganisation or liquidation and—

(a) the centre of the debtor's main interests is in the United Kingdom; or

(b) the centre of the debtor's main interests is in a Member State and there is an establishment in the United Kingdom.

1B. The proceedings referred to in paragraph 1 are—

(a) winding up by or subject to the supervision of the court;

(b) creditors' voluntary winding up with confirmation by the court;

(c) administration, including appointments made by filing prescribed documents with the court;

(d) voluntary arrangements under insolvency legislation; and

(e) bankruptcy or sequestration. ” .

(4) In paragraph 2 for “Directive 2001/24/EC ” substitute “ the Credit Institutions (Reorganisation and Winding up) Regulations 2004 ” .

^M6 3. In Article 2—

(a) insert the following paragraph—

“ (1A) “ Member State ” means a state which is a member of the EU other than Denmark; ” ;

(b) omit paragraphs (1) and (3);

(c) in paragraph (4) for “listed in Annex A” substitute “ listed in Article 1(1B) which there is jurisdiction to open under Article 1(1A) and includes interim proceedings ” ;

(d) in paragraph (6)—

(i) omit point (i); and

(ii) in point (ii) omit “in all other articles,” and “of a Member State”;

(e) omit paragraph (9);

(f) in paragraph (10) omit “main”;

(g) omit paragraphs (11) to (14).

4. —(1)Article 3 is amended as follows.

(2) For the heading “International jurisdiction” substitute “ Centre of main interests ” .

(3) In paragraph 1—

(a) in the first sub-paragraph omit the first sentence;

(b) in the second sub-paragraph for “to another Member State” substitute “ from the United Kingdom to a Member State or to the United Kingdom from a Member State ” ;

(c) in the third sub-paragraph for “to another Member State” substitute “ from the United Kingdom to a Member State or to the United Kingdom from a Member State ” ;

(d) in the fourth sub-paragraph for “to another Member State” substitute “ from the United Kingdom to a Member State or to the United Kingdom from a Member State ” ;

(4) Omit paragraphs 2 to 4.

5. —(1)Article 4 is amended as follows.

(2) In paragraph 1—

(a) in the first sentence for “Article 3” substitute “ Article 1(1A) (a) or (b) ” ; and

(b) for the second sentence substitute “ Where there is jurisdiction to open insolvency proceedings on either of the grounds specified in Article 1(1A)(a) or (b), the judgment opening such proceedings must state which of those grounds is applicable. ” .

(3) In paragraph 2—

(a) in the first sentence—

(i) omit “in accordance with national law” and “Member States may entrust”;

(ii) for the words from “to examine” to the end of the sentence substitute “ must examine the grounds on which there is jurisdiction to open the proceedings under Article 1(1A). ” ; and

(b) for the second sentence substitute “ Where this is the case and there is jurisdiction to open insolvency proceedings on either of the grounds specified in Article 1(1A)(a) or (b), the insolvency practitioner must specify in the decision opening the proceedings which of those grounds is applicable. ” .

6. —(1)Article 5 is amended as follows.

(2) In the heading omit “main”.

(3) In paragraph 1—

(a) omit “main” after “the decision opening”; and

(b) for “grounds of international jurisdiction” substitute “ the grounds of jurisdiction under Article 1(1A)(a) ” .

(4) In paragraph 2—

(a) omit “main” after “the decision opening”;

(b) omit “international”;

(c) after “jurisdiction” insert “ under Article 1(1A)(a) ” ; and

(d) for “national law so provides” substitute “ the relevant law (other than this Regulation) of the part of the United Kingdom in which the matter is being determined so provides ” .

[^F10 7. Omit Articles 6 to 83. ^F10]

8. In Article 84 omit—

(a) the second sentence of paragraph 1, and

(b) paragraph 2.

9. In Article 85—

(a) omit paragraphs 1 and 2;

(b) in paragraph 3—

(i) in point (a) omit “in any Member State”; and

(ii) for “that Member State” substitute “ the United Kingdom ” .

10. Omit Articles 86 to 90.

11. In Article 91 omit the second sentence.

12. In Article 92 omit point (c).

13. Omit the sentence immediately following Article 92 which begins “This Regulation shall be binding”.

14. Omit Annex A.

15. In Annex B omit all the entries other than those for the United Kingdom.

PART 2 Amendments to the Insolvency Act 1986_{I21,I22,I23,I24,I25,I26,I27,I28,I29,I30,I31,I32,I33,I34,I35,I36,I37,I38,I39,I40,I41,I42,I43,I44,I45,I46,I47,I48,I49}

^M7 16. The Insolvency Act 1986 is amended as follows.

^M8 17. In section 1 in subsection (4) —

(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 ” .

^M9 18. In section 106 omit subsections (4A) and (4B) .

^M10 19. In section 117 omit subsection (7) .

20. In section 120 omit subsection (6).

^M11 21. In section 124 in subsection (1) omit the words from “or by a member State liquidator” to “Article 52 of the EU Regulation)” .

^M12 22. In section 146 omit subsections (6) and (7) .

^M13 23. Omit section 146A .

^M14 24. —(1) Section 201 is amended as follows .

(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).

^M15 25. —(1) Section 202 is amended as follows .

(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)”.

^M16 26. —(1) Section 205 is amended as follows .

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

(3) Omit subsections (2A) and (2B).

27. In section 225 omit subsection (2).

28. In section 240 in subsection (3)(d) omit the words from “either following” to “Article 51 of the EU Regulation or”.

^M17 29. In section 247 in subsection (3) omit paragraph (b) and the “, or” preceding it.

^M18 30. In section 251 omit the definitions of “EU insolvency proceedings” and “member State liquidator” .

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

(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. ” .

^M19 32. In section 264 in subsection (1) omit paragraphs (ba) and (bb) .

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

(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. ” .

^M20 34. In section 330 omit subsection (6).

^M21 35. In section 387 in subsection (3)—

(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)”.

^M22 36. In section 388 omit subsection (6).

37. In section 411 in subsection (2B) for the words from “an offence” to the end of the sentence substitute “ a new relevant offence ” .

38. In section 412 in subsection (2B) for the words from “an offence” to the end of the sentence substitute “ a new relevant offence ” .

39. In section 420 in subsection (1B) for the words from “an offence” to the end of the sentence substitute “ a new relevant offence ” .

40. In section 421 in subsection (1B) for the words from “an offence” to the end of the sentence substitute “ a new relevant offence ” .

41. After section 422 insert—

“ 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. ”

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 ” .

^M23 43. Omit section 436A .

^M24 44. In Schedule B1 —

(a) ^M25 in paragraph 84 —

(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) ^M26 in paragraph 111 —

(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 ” .

PART 3 Administration under old Part 2 of the Insolvency Act 1986_I50

^M27 45. —(1)Part 2 of the Insolvency Act 1986 as it had effect immediately before the coming into force of section 248 of the Enterprise Act 2002 and in so far as it continues to have effect is amended as follows .

(2) In section 8 for “Article 3 of the EC Regulation” substitute “ Article 1 of the EU Regulation ” .

PART 4 Amendments to the Insolvency (England and Wales) Rules 2016 _{I51,I52,I53,I54,I55,I56,I57,I58,I59,I60,I61,I62,I63,I64,I65,I66,I67,I68,I69,I70,I71,I72,I73,I74,I75,I76,I77,I78,I79,I80,I81,I82,I83,I84,I85,I86,I87,I88,I89,I90,I91,I92,I93,I94,I95,I96,I97,I98,I99,I100,I101,I102,I103,I104,I105,I106,I107,I108,I109,I110,I111,I112}

^M28 46. The Insolvency (England and Wales) Rules 2016 are amended as follows.

47. 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; ” .

^M29 48. —(1) Rule 1.7 is amended as follows .

(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. ” .

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

50. 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; ” .

^M30 51. In rule 2.14 in paragraph (2A) 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 ” .

^M31 52. In rule 2.25 in paragraph (2A) 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 ” .

^M32 53. In rule 2.38 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 ” .

54. 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 ” .

55. 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 ” .

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

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

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

59. 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 ” .

60. 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 ” .

61. 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 ” .

62. 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 ” .

63. 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 ” .

64. 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 ” .

65. 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 ” .

66. 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 ” .

67. 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”.

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

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

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

71. 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 ” .

72. 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 ” .

73. 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.

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

75. In rule 7.18 in sub-paragraph (c) —

(a) insert “ or ” before “contributory”, and

(b) omit “or member State liquidator”.

76. 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 ” .

77. 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 ” .

78. 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 ” .

79. In rule 7.29 omit paragraph (6).

80. 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 ” .

81. 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 ” .

82. 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 ” .

83. 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”.

84. 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 ” .

85. 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 ” .

86. 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; ” .

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

88. 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.

89. In rule 10.14 omit paragraph (3).

90. 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”.

91. 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”.

92. 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 ” .

93. 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 ” .

94. 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 ” .

95. 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 ” .

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

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

98. In rule 14.16 omit paragraph (3).

99. In rule 14.32 omit paragraph (4).

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

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

102. Omit rule 15.30.

103. 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”.

^M33 104. Omit rules 21.1 to 21.3 .

105. 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. ” .

106. Omit rules 21.6 to 21.17.

107. 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).

PART 5 Other amendments: England and Wales

The Administration of Insolvent Estates of Deceased Persons Order 1986_I113

^M34108. —(1)The Administration of Insolvent Estates of Deceased Persons Order 1986 is amended as follows.

(2) In Schedule 1 in Part 2—

(a) in paragraph 1A renumber the two subsections to be inserted in section 265 of the Insolvency Act 1986 as subsections (6) and (7);

(b) in the first line of the inserted subsection (7) for “subsection (5)” substitute “ subsection (6) ” ; and

(c) in paragraph 2 in sub-paragraph (a) in the subsection (1) to be substituted for that subsection in section 266 of the Insolvency Act 1986 omit paragraph (a).

The Land Registration Rules 2003 _I114

^M35109. In the Land Registration Rules 2003 omit rule 171.

The Civil Proceedings Fees Order 2008_I115

^M36110. —(1)The Civil Proceedings Fees Order 2008 is amended as follows.

(2) In the Table in Schedule 1 omit the entry for fee 3.6.

PART 6 Other amendments: England, Wales and Scotland

The Pension Protection Fund (Entry Rules) Regulations 2005_I116

^M37111. —(1)The Pension Protection Fund (Entry Rules) Regulations 2005 are amended as follows.

(2) In regulation 1—

(a) in paragraph (3) omit the definitions of “establishment” and “the Insolvency Regulation”; and

(b) omit paragraph (7).

(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 2006_{I117,I118,I119,I120,I121,I122,I123,I124,I125,I126,I127,I128,I129,I130,I131,I132,I133,I134,I135,I136,I137}

^M38112.The Cross-Border Insolvency Regulations 2006 are amended as follows.

113. Schedule 1 is amended as follows.

114. In article 1 in paragraph 3(b) omit “, other than the United Kingdom,”.

115. In article 2—

(a) in paragraph (a)(i)—

(i) after “and made by or under” insert “ the EU Insolvency Regulation, ” , and

(ii) after “or by or under that” insert “ Regulation or ” ;

(b) in paragraph (a)(ii) —

(i) after “and made by or under” insert “ the EU Insolvency Regulation, ” , and

(ii) after “or by or under” insert “ that Regulation or ” .

(c) in paragraph (d) 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 ” .

116. Omit article 3.

117. 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. ” .

118. Schedule 2 is amended as follows.

^M39 119. In paragraph 1 in sub-paragraph (1) omit the definitions of “main proceedings”, “member State liquidator”, “secondary proceedings” and “territorial proceedings”.

120. In paragraph 4 omit sub-paragraph (2).

121. In paragraph 6 omit sub-paragraph (2)(b) and the “and” preceding it.

122. In paragraph 21 omit sub-paragraph (2)(e).

123. In paragraph 25 omit sub-paragraph (1)(e).

124. In paragraph 26 omit sub-paragraph (3)(c).

125. In paragraph 46 omit sub-paragraph (1)(f).

126. Schedule 3 is amended as follows.

127. In paragraph 1 in sub-paragraph (1) omit the definitions of “main proceedings” and “member State liquidator”.

128. In paragraph 6 omit sub-paragraph (1)(e).

129. In paragraph 7 omit sub-paragraph (3)(c).

130. In paragraph 9 omit sub-paragraph (1)(f).

131. Schedule 5 is amended as follows.

132. In Form ML6 omit paragraph 5 (statement of service on the member State liquidator).

PART 7 Amendments to the Insolvency Act 1986 applying to Scotland only _I138,I139

^M40 133. The Insolvency Act 1986 is amended as follows .

^F11 134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F12 135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F13 136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

137. In section 204 omit subsections (4A) to (4E).

^F14 138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F15 PART 8A Amendments to the Insolvency (Scotland) (Receivership and Winding up) Rules 2018

137A. The Insolvency (Scotland) (Receivership and Winding up) Rules 2018 are amended as follows.

137B. —(1) In rule 1.2(1)—

(a) omit the following definitions—

(i) “local creditor”,

(ii) “main proceedings”,

(iii) “member State liquidator”,

(iv) “non-EU proceedings”,

(v) “secondary proceedings”,

(vi) “temporary administrator”,

(vii) “territorial proceedings”;

(b) in the note in square brackets which explains the definition of “EU Regulation” omit the words after “section 436”;

(c) insert in the appropriate places—

“ “COMI proceedings” means insolvency proceedings in Scotland 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 Scotland to which the EU Regulation applies where the debtor has an establishment in the United Kingdom; ” .

137C. —(1) Rule 1.8 is amended as follows.

(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) After paragraph (b) insert—

“ (ba) the place where there is an establishment within the jurisdiction; or ” .

(5) In paragraph (c) 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”.

137D. In rule 1.17 omit paragraph (2)(i).

137E. In rule 5.4—

(a) after paragraph (1)(f) insert “or”;

(b) omit paragraph (1)(g);

(c) omit paragraph (1)(h).

137F. In rule 7.16 omit paragraph (3)(k).

137G. In rule 7.28 in paragraph (3)(a) omit “including any costs referred to in Article 30 and 59 of the EU Regulation”.

137H. In rule 7.31 omit paragraph (14).

137I. In rule 8.11 in the table in paragraph (1) omit the entry for “main proceedings in another Member State”.

137J. Omit rule 8.30.

137K. In rule 8.31—

(a) in paragraph (5) omit the words from “; and for this purpose” to the end; and

(b) in paragraph (7) in the opening words omit “or member State liquidator”.

137L. Omit rules 11.1 to 11.3.

137M. In rule 11.4 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. ” .

137N. Omit rules 11.6 to 11.17. ^F15]

[^F15 PART 8B Amendments to the Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018

137O. The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018 are amended as follows.

137P. In rule 1.2(1)—

(a) omit the following definitions—

(i) “local creditor”,

(ii) “main proceedings”,

(iii) “member State liquidator”,

(iv) “non-EU proceedings”,

(v) “secondary proceedings”,

(vi) “territorial proceedings”;

(b) insert in the appropriate places—

“ “COMI proceedings” means insolvency proceedings in Scotland 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 Scotland to which the EU Regulation applies where the debtor has an establishment in the United Kingdom; ” .

137Q. —(1) Rule 1.8 is amended as follows.

(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, 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”.

(4) In paragraph (b) omit the word “or”.

(5) After paragraph (b) insert—

“ (ba) the place where there is an establishment within the jurisdiction, or ” ; and

(6) In paragraph (c) 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”.

137R. In rule 1.17 omit paragraph (1)(i).

137S. In rule 2.3 in the table in paragraph (1), in the second column of the entry for “Type of insolvency proceedings”, for “whether the insolvency proceedings will be main, secondary, territorial or non-EU insolvency proceedings with reasons;” substitute—

“ 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; ” .

137T. In rule 2.13 in paragraph (5) 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”.

137U. In rule 2.24 in paragraph (3) 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”.

137V. In rule 2.37 in paragraph (2) in sub-paragraph (d) 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”.

137W. In rule 3.6 omit paragraph (c).

137X. In rule 3.8 in paragraph (b) omit “(including the United Kingdom)” and “other than the United Kingdom”.

137Y. In rule 3.10 omit paragraph (g).

137Z. In rule 3.11 in paragraph (1)—

(a) in sub-paragraph (g) after “EU Regulation” insert “as it has effect in the law of the United Kingdom”; and

(b) in sub-paragraph (h) for “main, secondary or territorial proceedings” substitute “COMI proceedings or establishment proceedings”.

137ZA. 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”.

137ZB. 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”.

137ZC. In rule 3.21 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”.

137ZD. 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”.

137ZE. 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”.

137ZF. 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”.

137ZG. 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”.

137ZH. 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”.

137ZI. In rule 3.63 in paragraph (4) omit sub-paragraph (d).

137ZJ. In rule 3.68 in paragraph (2) omit sub-paragraph (g).

137ZK. In rule 3.105 in paragraph (3) omit sub-paragraph (k).

137ZL. In rule 3.117 omit paragraph (11).

137ZM. In rule 5.11 in the table in paragraph (1) omit the entry for “main proceedings in another member State”.

137ZN. Omit rule 5.27.

137ZO. In rule 5.28—

(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”.

137ZP. Omit Part 7 (the EU Regulation). ^F15]

^F16 PART 8 Amendments to the Insolvency (Scotland) Rules 1986

^F16 139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16 140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16 141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16 142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16 143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16 144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16 145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16 146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16 147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16 148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16 149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16 150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16 151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16 152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16 153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16 154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16 155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16 156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16 157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16 158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16 159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16 160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 9 Amendments to the Insolvency (Northern Ireland) Order 1989 and the Insolvency Rules (Northern Ireland) 1991

Amendments to the Insolvency (Northern Ireland) Order 1989_{I140,I141,I142,I143,I144,I145,I146,I147,I148,I149,I150,I151,I152,I153,I154,I155,I156,I157,I158,I159,I160,I161,I162,I163,I164}

^M41161.The Insolvency (Northern Ireland) Order 1989 is amended as follows.

^M42 162. In Article 2(2) in the definition of “the EU Regulation” at the end insert “ as it forms part of domestic law on and after exit day ” .

^M43 163. In Article 2(2) omit the definitions of “EU insolvency proceedings” and “member State liquidator” .

^M44 164. Omit Article 2A .

165. In Article 3 omit paragraph (6).

166. In Article 6 in paragraph (3) omit sub-paragraph (b) and the “or” preceding it.

167. In Article 14 in paragraph (4)—

(a) in sub-paragraph (b) omit “other than the United Kingdom”; and

(b) in sub-paragraph (c) after “interests” insert “ either ” and after “Denmark” insert “ or in the United Kingdom ” .

^M45 168. In Article 80 omit paragraphs (3A) and (3B) .

^M46 169. In Article 104 in paragraph (1) omit the words from “or by a member State liquidator” to “Article 52 of the EU Regulation)” .

^M47 170. In Article 124 omit paragraphs (6) and (7) .

^M48 171. Omit Article 124A .

^M49 172. —(1)Article 166 is amended as follows .

(2) In paragraph (2) omit “and any statement under Article 80(3B)” and “(except where paragraph (2A) applies)”.

(3) Omit paragraphs (2A) and (2B).

^M50 173. —(1)Article 167 is amended as follows .

(2) Omit paragraphs (1A) and (1B).

(3) In paragraph (2) for “an application under paragraph (1)” substitute “ that application ” .

(4) In paragraph (3) omit “and to send any statement under paragraph (1B)”.

(5) In paragraph (4)—

(a) omit “and any statement under paragraph (1B)” and “or them”;

(b) for “subject to paragraph (5)” substitute “ subject to paragraph (7) ” ; and

(c) omit “(except where paragraph (5) applies)”.

(6) Omit paragraphs (5) and (6).

(7) In paragraph (7) for “the period in paragraph (4) or (6)” substitute “ that period ” .

^M51 174. —(1)Article 169 is amended as follows.

(2) In paragraph (1) omit “and any statement under Article 124(7) or 124A(2)” and “of the final account or notice”.

(3) Omit paragraphs (1A) and (1B).

^M52 175. In Article 204 in paragraph (3)(d) omit the words from “either following” to “Article 51 of the EU Regulation or”.

^M53 176. In Article 238 in paragraph (1) omit sub-paragraphs (ba) and (bb) .

177. For Article 239 substitute—

“ Conditions to be satisfied in respect of debtor

239. —(1) A bankruptcy petition may be presented to the High Court under Article 238(1)(a) or (b) only if—

(a) the centre of the debtor's main interests is in Northern Ireland,

(b) the centre of the debtor's main interests is in a member State of the European Union which has adopted the EU Regulation and the debtor has an establishment in Northern Ireland, or

(c) the centre of the debtor's main interests is not in a member State of the European Union which has adopted the EU Regulation, but the test in paragraph (2) is met.

(2) The test is that—

(a) the debtor is domiciled in Northern Ireland, or

(b) the debtor is personally present in Northern Ireland on the day on which the petition is presented, or

(c) at any time in the period of three years ending with the day on which the petition is presented, the debtor—

(i) has been ordinarily resident, or has had a place of residence, in Northern Ireland, or

(ii) has carried on business in Northern Ireland.

(3) The reference in paragraph (2) to the debtor carrying on business includes—

(a) the carrying on of business by a firm or partnership of which the debtor is a member, and

(b) the carrying on of business by an agent or manager for the debtor or for such a firm or partnership.

(4) In this Article—

(a) references to the centre of the debtor's main interests have the same meaning as in Article 3 of the EU Regulation, and

(b) “ establishment ” has the same meaning as in Article 2(10) of the EU Regulation. ” .

^M54 178. —(1)Article 239 (as substituted by paragraph 177) is amended as follows.

(2) In paragraph (1)—

(a) in sub-paragraph (b) after “European Union” insert “ other than Denmark ” and omit the words “which has adopted the EU Regulation”; and

(b) in sub-paragraph (c) omit the words from the beginning of the paragraph to “the EU Regulation, but”.

^M55 179. In Article 303 omit paragraph (6) .

^M56 180. In Article 347 in paragraph (3) —

(a) omit sub-paragraphs (aa) and (ab);

(b) in sub-paragraph (b) omit “, (aa) or (ab)”;

(c) in sub-paragraph (ba) omit “, (aa), (ab)”;

(d) in sub-paragraph (c) omit “ (aa), (ab),”.

^M57 181. In Article 359 in paragraph (2B) for the words from “an offence” to the end of the sentence substitute “ a new relevant offence (see Article 366A) ” .

^M58 182. In Article 364 in paragraph (1B) for the words from “an offence” to the end of the sentence substitute “ a new relevant offence (see Article 366A) ” .

^M59 183. In Article 365 in paragraph (1B) for the words from “an offence” to the end of the sentence substitute “ a new relevant offence (see Article 366A) ” .

184. After Article 366 insert—

“ Meaning of “relevant offence”

366A. In Articles 359(2B), 364(1B) and 365(1B), a “relevant offence” is 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. ” .

185. In Schedule B1—

(a) in paragraph 1—

(i) in sub-paragraph (1A)(b) omit “other than the United Kingdom”;

(ii) in sub-paragraph (1A)(c) after “interests” insert “ either ” and after “Denmark” insert “ or in the United Kingdom ” ;

(b) ^M60 in paragraph 85 —

(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-paragraphs (7)(a) and (c) omit “or (6B)”.

Amendments to the Insolvency Rules (Northern Ireland) 1991 _{I165,I166,I167,I168,I169,I170,I171,I172,I173,I174,I175,I176,I177,I178,I179,I180,I181,I182,I183,I184,I185,I186,I187,I188,I189,I190,I191,I192,I193,I194,I195,I196,I197,I198,I199,I200,I201,I202,I203,I204,I205,I206,I207,I208,I209,I210,I211,I212,I213}

^M61186. The Insolvency Rules (Northern Ireland) 1991 are amended as follows.

187. In Rule 0.2 (Interpretation)—

(a) omit the following definitions—

(i) “main proceedings”,

(ii) “Member State liquidator”,

(iii) “secondary proceedings”,

(iv) “temporary administrator”,

(v) “territorial proceedings”;

(b) insert in the appropriate places—

“ “ COMI proceedings ” means insolvency proceedings in Northern Ireland to which the EU Regulation applies where the centre of the debtor's main interests is in the United Kingdom; ” ;

“ “ establishment proceedings ” means insolvency proceedings in Northern Ireland to which the EU Regulation applies where the debtor has an establishment in the United Kingdom; ” ;

(c) in the definition of “establishment” for “Article 2(h) of the EC Regulation” substitute “ Article 2(10) of the EU Regulation ” .

188. In Rule 1.03 in paragraph (2) for sub-paragraph (q) substitute—

“ (q) ^M62 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. ” .

^M63 189. In Rule 1.09 in paragraph (1A) for the words “main, secondary, territorial” substitute “ COMI proceedings, establishment proceedings ” .

^M64 190. In Rule 1.24 in paragraph (2)(ca) for the words “whether the proceedings are main proceedings, secondary proceedings or territorial proceedings;” substitute “ whether the proceedings are 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; ” .

^M65 191. Omit Rules 1.31 to 1.33 (Chapter 7) .

^M66 192. Omit Rule 1.34 (Chapter 8) .

^M67 193. In Rule 1.39 in paragraph (2)(c) for the words “main, secondary, territorial” substitute “ COMI proceedings, establishment proceedings ” .

194. In Rule 2.001 in paragraph (d) omit the reference to Chapters 14 and 15.

195. In Rule 2.004 in paragraph (4) for the words from “main” to the second “proceedings” substitute “ COMI proceedings or establishment proceedings ” .

196. In Rule 2.006 omit paragraph (3)(c).

197. In Rule 2.012 omit paragraph (1)(g).

198. In Rule 2.034 for paragraph (2)(p)(ii) substitute—

“ (ii) if so, 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; and ” .

199. In Rule 2.039 omit—

(a) paragraph (1)(a)(ii) and the “or” preceding it, and

(b) paragraphs (8) to (11).

^M68 200. In Rule 2.068 in paragraph (1)(f) omit the words “costs referred to in Articles 30 or 59 of the EU Regulations and” .

201. In Rule 2.096 omit paragraph (2)(a)(ii) and the “and” preceding it.

202. In Rule 2.097 omit paragraph (4).

203. In Rule 2.099 in paragraph (1) omit the words from “and” to the end of the sentence.

204. In Rule 2.121 omit paragraph (2).

^M69 205. Omit Rules 2.131 to 2.133 (Chapter 14) .

^M70 206. Omit Rules 2.134 to 2.143 (Chapter 15) .

207. In Rule 4.007 omit paragraph (4)(ea).

208. In Rule 4.010 omit paragraph (3A).

209. In Rule 4.012—

(a) in paragraph (8) omit the words from “(i)” to “whether”; and

(b) for the words “main proceedings or territorial 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 ” .

210. In Rule 4.024 omit paragraph (6).

211. In Rule 4.027 omit paragraph (1)(g).

^M71 212. In Rule 4.073 —

(a) omit paragraph (1)(a)(ii) and the “or” preceding it; and

(b) omit paragraphs (8) to (10).

^M72 213. In Rule 4.228 in paragraph (3) sub-paragraph (m) omit the words “costs referred to in Articles 30 or 59 of the EU Regulation and” .

214. In Rule 5.04 in paragraph (2)(r) for the words “main proceedings or territorial proceedings” substitute “ COMI proceedings or establishment proceedings ” .

^M73 215. Omit Rules 5.61 to 5.64 (Chapter 13) .

216. In Rule 6.007 in paragraph (1) in sub-paragraph (f) for “another” substitute “ the UK or a ” .

217. In Rule 6.013 omit paragraph (5).

218. In Rule 6.027 in paragraph (2)(c) omit the wording in the second set of brackets.

^M74 219. In Rule 6.049 —

(a) in paragraph (1)(d) omit “or” at the end of the sentence; and

(b) omit paragraph (1)(e).

220. In Rule 6.090 omit paragraphs (8) to (10).

221. In Rule 6.113 omit paragraph (3).

^M75 222. In Rule 6.222 in paragraph (1) sub-paragraph (m) omit the words “insert costs referred to in Articles 30 or 59 of the EU Regulation and” .

223. Omit Rules 6.231 and 6.232 (Chapter 26).

224. In Rule 7.08A omit “including any member State liquidator”.

^M76 225. In Rule 7.56 in paragraph (2) for the words in sub-paragraph (e) substitute “ whether the proceedings will be COMI proceedings or establishment proceedings. ” .

226. Omit Rule 7.57.

227. Omit Rule 7.58 (Chapter 11).

228. Omit Rule 8.8.

229. In Rule 11.01 omit paragraph (3).

230. In Rule 11.02 omit paragraph (1)(b) and the “and” preceding it.

231. In Rule 11.03 omit paragraph (4).

232. In Rule 11.06 omit paragraph (1)(b) and the “and” preceding it.

233. In Rule 12.13 omit paragraph (5).

234. In Rule 12.19 omit paragraph (3A).

PART 10 Other amendments: Northern Ireland

The Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005 _I214

^M77235. —(1) The Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005 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 _{I215,I216,I217,I218,I219,I220,I221,I222,I223,I224,I225,I226,I227,I228,I229,I230,I231}

^M78236. The Cross-Border Insolvency Regulations (Northern Ireland) 2007 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).

PART 11 Amendments to the Employment Rights Act 1996 and the Pension Schemes Act 1993

Amendments to the Employment Rights Act 1996_I232

^M79253. —(1)The Employment Rights Act 1996 is amended as follows.

^M80 (2) In section 166 —

(a) in subsection (5)—

(i) in paragraph (a) for “(6) or (8A)” substitute “ (6), (8ZA) or (8A) ” ;

(ii) in paragraph (b) for “(7) or (8A)”substitute “ (7), (8ZA) or (8A) ” ;

(iii) in paragraph (c) for “(8) or (8A)” substitute “ (8), (8ZA) or (8A) ” ;

(iv) in paragraph (d) for “(8A)” substitute “ (8ZA) or (8A) ” ;

(b) after subsection (8) insert—

“ (8ZA) This subsection is satisfied in the case of an employer if—

(a) the employer is a legal person,

(b) a request has been made for the first opening of collective proceedings—

(i) based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and

(ii) involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and

(c) any of the following has decided to open the proceedings—

(i) a court,

(ii) a meeting of creditors, or

(iii) the creditors by a decision procedure. ” ;

(c) in subsection (8B) for “subsection (8A)” substitute “ this section ” .

^M81 (3) In section 183 —

(a) in subsection (1)—

(i) in paragraph (a) for “(2) or (4A)” substitute “ (2), (4ZA) or (4A) ” ;

(ii) in paragraph (b) for “(3) or (4A)” substitute “ (3), (4ZA) or (4A) ” ;

(iii) in paragraph (c) for “(4) or (4A)” substitute “ (4), (4ZA) or (4A) ” ;

(iv) in paragraph (d) for “(4A)” substitute “ (4ZA) or (4A) ” ;

(b) after subsection (4) insert—

“ (4ZA) This subsection is satisfied in the case of an employer if—

(a) the employer is a legal person,

(b) a request has been made for the first opening of collective proceedings—

(i) based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and

(ii) involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and

(c) any of the following has decided to open the proceedings—

(i) a court,

(ii) a meeting of creditors, or

(iii) the creditors by a decision procedure. ” ;

(c) in subsection (4B) for “subsection (4A)” substitute “ this section ” .

Amendments to the Pension Schemes Act 1993_I233

^M82254. —(1)The Pension Schemes Act 1993 is amended as follows—

^M83 (2) In section 123 —

(a) for subsection (1)(d) substitute—

“ (d) subsection (2A) or (2ZA) is satisfied. ” ;

(b) after subsection (2) insert—

“ (2ZA) This subsection is satisfied in the case of an employer if—

(a) the employer is a legal person,

(b) a request has been made for the first opening of collective proceedings—

(i) based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and

(ii) involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and

(c) any of the following has decided to open the proceedings—

(i) a court,

(ii) a meeting of creditors, or

(iii) the creditors by a decision procedure. ” ;

(c) in subsection (2B) for “subsection (2A)” substitute “ this section ” .

PART 12 Amendments to the Employment Rights (Northern Ireland) Order 1996 and the Pension Schemes (Northern Ireland) Act 1993

Amendments to the Employment Rights (Northern Ireland) Order 1996_I234

^M84255. —(1)The Employment Rights (Northern Ireland) Order 1996 is amended as follows.

^M85 (2) In Article 201 (applications for payments) —

(a) in paragraph (5)—

(i) in sub-paragraph (a) after “(6)” insert “ or (8A) ” ;

(ii) in sub-paragraph (b) after “(7)” insert “ or (8A) ” and at the end of that sub-paragraph omit “and”;

(iii) in sub-paragraph (c) after “(8)” insert “ or (8A) ” ; and

(iv) at the end of sub-paragraph (c) insert—

“ , and

(d) where the employer is not any of the above, if (but only if) paragraph (8A) is satisfied. ” ;

(b) after paragraph (8) insert—

“ (8A) This paragraph is satisfied in the case of an employer if—

(a) a request has been made for the first opening of collective proceedings—

(i) based on the insolvency of the employer, as provided for under the laws, regulations and administrative provisions of a member State, and

(ii) involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and

(b) the competent authority has—

(i) decided to open the proceedings, or

(ii) established that the employer's undertaking or business has been definitively closed down and the available assets of the employer are insufficient to warrant the opening of the proceedings.

(8B) For the purposes of paragraph (8A)—

(a) “ liquidator or a person performing a similar task ” includes the official receiver or an administrator, trustee in bankruptcy, judicial factor, supervisor of a voluntary arrangement, or a person performing a similar task;

(b) “ competent authority ” includes—

(i) a court,

(ii) a meeting of creditors,

(iii) a creditors' committee,

(iv) the creditors by a decision procedure, and

(v) an authority of a member State empowered to open insolvency proceedings, to confirm the opening of such proceedings or to take decisions in the course of such proceedings.

(8C) An employee may apply under this Article only if the employee worked or habitually worked in Northern Ireland in that employment to which the application relates. ” .

^M86 (3) In Article 228 —

(a) in paragraph (1)—

(i) in sub-paragraph (a) after “(2)” insert “ or (4A) ” ;

(ii) in sub-paragraph (b) after “(3)” insert “ or (4A) ” and at the end of that sub-paragraph omit “and”;

(iii) in sub-paragraph (c) after “(4)” insert “ or (4A) ” ; and

(iv) at the end of sub-paragraph (c) insert—

“ , and

(d) where the employer is not any of the above, if (but only if) paragraph (4A) is satisfied. ” ;

(b) after paragraph (4) insert—

“ (4A) This paragraph is satisfied in the case of an employer if—

(a) a request has been made for the first opening of collective proceedings—

(i) based on the insolvency of the employer, as provided for under the laws, regulations and administrative provisions of a member State, and

(ii) involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and

(b) the competent authority has—

(i) decided to open the proceedings, or

(ii) established that the employer's undertaking or business has been definitively closed down and the available assets of the employer are insufficient to warrant the opening of the proceedings.

(4B) For the purposes of paragraph (4A)—

(a) “ liquidator or a person performing a similar task ” includes the official receiver or an administrator, trustee in bankruptcy, judicial factor, supervisor of a voluntary arrangement, or a person performing a similar task;

(b) “ competent authority ” includes—

(i) a court,

(ii) a meeting of creditors,

(iii) a creditors' committee,

(iv) the creditors by a decision procedure, and

(v) an authority of a member State empowered to open insolvency proceedings, to confirm the opening of such proceedings or to take decisions in the course of such proceedings.

(4C) An employee may apply under Article 227 (employee's rights on insolvency of employer) only if the employee worked or habitually worked in Northern Ireland in that employment to which the application relates. ” .

Amendments to the Pension Schemes (Northern Ireland) Act 1993_I235

^M87256. —(1)The Pension Schemes (Northern Ireland) Act 1993 is amended as follows.

^M88 (2) In section 119 —

(a) in subsection (1)—

(i) in paragraph (b) after “Insolvency (Northern Ireland) Order 1989;” omit “or”; and

(ii) at the end of paragraph (c) insert—

“ ; or

(d) subsection (1A) is satisfied. ” ;

(b) after subsection (1) insert—

“ (1A) This subsection is satisfied if—

(a) a request has been made for the first opening of collective proceedings—

(i) based on the insolvency of the employer, as provided for under the laws, regulations and administrative provisions of a member State; and

(ii) involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task; and

(b) the competent authority has—

(i) decided to open the proceedings; or

(ii) established that the employer's undertaking or business has been definitively closed down and the available assets of the employer are insufficient to warrant the opening of the proceedings.

(1B) For the purposes of subsection (1A)—

(a) “ liquidator or person performing a similar task ” includes the official receiver or an administrator, trustee in bankruptcy, judicial factor, supervisor of a voluntary arrangement, or person performing a similar task;

(b) “ competent authority ” includes—

(i) a court,

(ii) a meeting of creditors,

(iii) a creditors' committee,

(iv) the creditors by a decision procedure, and

(v) an authority of a member State empowered to open insolvency proceedings, to confirm the opening of such proceedings or to take decisions in the course of such proceedings.

(1C) An application under section 120 may only be made in respect of a worker who worked or habitually worked in Northern Ireland in that employment to which the application relates. ” .

PART 13 Further amendments to the Employment Rights (Northern Ireland) Order 1996 and the Pension Schemes (Northern Ireland) Act 1993

Amendments to the Employment Rights (Northern Ireland) Order 1996_I236

257. —(1)The Employment Rights (Northern Ireland) Order 1996 is amended as follows.

(2) In Article 201 (as amended by paragraph 255(2))—

(a) in paragraph (5)—

(i) in sub-paragraph (a) for “(6) or (8A)” substitute “ (6), (8ZA) or (8A) ” ;

(ii) in sub-paragraph (b) for “(7) or (8A)” substitute “ (7), (8ZA) or (8A) ” ;

(iii) in sub-paragraph (c) for “(8) or (8A)” substitute “ (8), (8ZA) or (8A) ” ;

(iv) in sub-paragraph (d) for “(8A)” substitute “ (8ZA) or (8A) ” ;

(b) after paragraph (8) insert—

“ (8ZA) This paragraph is satisfied in the case of an employer if—

(a) the employer is a legal person,

(b) a request has been made for the first opening of collective proceedings—

(i) based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and

(ii) involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and

(c) any of the following has decided to open the proceedings—

(i) a court,

(ii) a meeting of creditors, or

(iii) the creditors by a decision procedure. ” ;

(c) in paragraph (8B) for “paragraph (8A)” substitute “ this Article ” .

(3) In Article 228 (as amended by paragraph 255(3))—

(a) in paragraph (1)—

(i) in sub-paragraph (a) for “(2) or (4A)” substitute “ (2), (4ZA) or (4A) ” ;

(ii) in sub-paragraph (b) for “(3) or (4A)” substitute “ (3), (4ZA) or (4A) ” ;

(iii) in sub-paragraph (c) for “(4) or (4A)” substitute “ (4), (4ZA) or (4A) ” ;

(iv) in sub-paragraph (d) for “(4A)” substitute “ (4ZA) or (4A) ” ;

(b) after paragraph (4) insert—

“ (4ZA) This paragraph is satisfied in the case of an employer if—

(a) the employer is a legal person,

(b) a request has been made for the first opening of collective proceedings—

(i) based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and

(ii) involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and

(c) any of the following has decided to open the proceedings—

(i) a court,

(ii) a meeting of creditors, or

(iii) the creditors by a decision procedure. ” ;

(c) in paragraph (4B) for “paragraph (4A)” substitute “ this Article ” .

Amendments to the Pension Schemes (Northern Ireland) Act 1993_I237

258. —(1)The Pension Schemes (Northern Ireland) Act 1993 is amended as follows.

(2) In section 119 (as amended by paragraph 256(2))—

(a) in subsection (1)(d) for “(1A)” substitute “ (1ZA) or (1A) ” ;

(b) after subsection (1) insert—

“ (1ZA) This subsection is satisfied in the case of an employer if—

(a) the employer is a legal person,

(b) a request has been made for the first opening of collective proceedings—

(i) based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and

(ii) involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and

(c) any of the following has decided to open the proceedings—

(i) a court,

(ii) a meeting of creditors, or

(iii) the creditors by a decision procedure. ” ; and

(c) in subsection (1B) for “subsection (1A)” substitute “ this section ” .