# The Cross-Border Insolvency Regulations 2006, Paragraph 1: Interpretation

Extent: E+W+S

(1) In this Schedule—
“the 1986 Act” means the Insolvency Act 1986 ;
“article 21 relief application” means an application to the court by a foreign representative under article 21(1) or (2) of the Model Law for relief;
“business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under or by virtue of the Banking and Financial Dealings Act 1971 ;
“CPR” means the Civil Procedure Rules 1998 and CPR followed by a Part or rule by number means the Part or rule with that number in those Rules;
“enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003 ;
file in court and “file with the court” means deliver to the court for filing;
“the Gazette” means the London Gazette;
“interim relief application” means an application to the court by a foreign representative under article 19 of the Model Law for interim relief;
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“the Model Law” means the UNCITRAL Model Law as set out in Schedule 1 to these Regulations;
“modification or termination order” means an order by the court pursuant to its powers under the Model Law modifying or terminating recognition of a foreign proceeding, the stay and suspension referred to in article 20(1) or any part of it or any relief granted under article 19 or 21 of the Model Law;
“originating application” means an application to the court which is not an application in pending proceedings before the court;
“ordinary application” means any application to the court other than an originating application;
“practice direction” means a direction as to the practice and procedure of any court within the scope of the CPR;
“recognition application” means an application to the court by a foreign representative in accordance with article 15 of the Model Law for an order recognising the foreign proceeding in which he has been appointed;
“recognition order” means an order by the court recognising a proceeding the subject of a recognition application as a foreign main proceeding or foreign non-main proceeding, as appropriate;
“relevant company” means a company that is—
(a)registered under the Companies Act 2006,
(b)subject to a requirement imposed by regulations under section 1043 of that Act 2006 (unregistered UK companies) to deliver any documents to the registrar of companies, or
(c)subject to a requirement imposed by regulations under section 1046 of that Act (overseas companies) to deliver any documents to the registrar of companies;
“review application” means an application to the court for a modification or termination order;
“the Rules” means the Insolvency (England and Wales) Rules 2016 and Rule followed by a number means the rule with that number in those Rules;
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(2) Expressions defined in the Model Law have the same meaning when used in this Schedule.
(3) In proceedings under these Regulations, “Registrar” means—
(a) an Insolvency and Companies Court Judge; and
(b) where the proceedings are in a district registry, the district judge.
(4) References to the “venue” for any proceedings or attendance before the court, are to the time, date and place for the proceedings or attendance.
(5) References in this Schedule to ex parte hearings shall be construed as references to hearings without notice being served on any other party, and references to applications made ex parte as references to applications made without notice being served on any other party; and other references which include the expression “ex parte” shall be similarly construed.
(6) References in this Schedule to a debtor who is of interest to the Financial Conduct Authority are references to a debtor who—
(a) is, or has been, an authorised person within the meaning of the Financial Services and Markets Act 2000;
(b) is, or has been, an appointed representative within the meaning of section 39 of the Financial Services and Markets Act 2000; or
(c) is carrying on, or has carried on, a regulated activity in contravention of the general prohibition.
(6A) References in this Schedule to a debtor who is of interest to the Prudential Regulation Authority are references to a debtor who—
(a) is, or has been, a PRA-authorised person within the meaning of the Financial Services and Markets Act 2000; or
(b) is carrying on, or has carried on, a PRA-regulated activity within the meaning of the Financial Services and Markets Act 2000 in contravention of the general prohibition.
(7) In sub-paragraphs (6) and (6A) “the general prohibition” has the meaning given by section 19 of the Financial Services and Markets Act 2000 and the reference to a “regulated activity” must be construed in accordance with—
(a) section 22 of that Act (classes of regulated activity and categories of investment);
(b) any relevant order under that section; and
(c) Schedule 2 to that Act (regulated activities).
(8) References in this Schedule to a numbered form are to the form that bears that number in Schedule 5.

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Source: https://www.legislation.gov.uk/uksi/2006/1030/schedule/2/paragraph/1 (the official version)
Page: https://openlegislation.uk/cross-border-insolvency-regulations-2006/schedule-2/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.