# The Cross-Border Insolvency Regulations 2006, Article 2. Definitions


For the purposes of this Law—
(a) “British insolvency law” means—
(i) in relation to England and Wales, provision extending to England and Wales and made by or under the Insolvency Act 1986 (with the exception of Part 3 of that Act) or by or under that Act as extended or applied by or under any other enactment (excluding these Regulations); and
(ii) in relation to Scotland, provision extending to Scotland and made by or under the Insolvency Act 1986 (with the exception of Part 3 of that Act), the Bankruptcy (Scotland) Act 1985 or by or under those Acts as extended or applied by or under any other enactment (excluding these Regulations);
(b) “British insolvency officeholder” means—
(i) the official receiver within the meaning of section 399 of the Insolvency Act 1986 when acting as liquidator, provisional liquidator, trustee, interim receiver or nominee or supervisor of a voluntary arrangement;
(ii) a person acting as an insolvency practitioner within the meaning of section 388 of that Act but shall not include a person acting as an administrative receiver; and
(iii) the Accountant in Bankruptcy within the meaning of section 1 of the Bankruptcy (Scotland) Act 1985 when acting as interim or permanent trustee;
(c) “the court” except as otherwise provided in articles 14(4) and 23(6)(b), means in relation to any matter the court which in accordance with the provisions of article 4 of this Law has jurisdiction in relation to that matter;
(d) “the EC Insolvency Regulation” means Council Regulation (EC) No. 1346/2000 of 29 May 2000 on Insolvency Proceedings;
(e) “establishment” means any place of operations where the debtor carries out a non-transitory economic activity with human means and assets or services;
(f) “foreign court” means a judicial or other authority competent to control or supervise a foreign proceeding;
(g) “foreign main proceeding” means a foreign proceeding taking place in the State where the debtor has the centre of its main interests;
(h) “foreign non-main proceeding” means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of sub-paragraph (e) of this article;
(i) “foreign proceeding” means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganisation or liquidation;
(j) “foreign representative” means a person or body, including one appointed on an interim basis, authorised in a foreign proceeding to administer the reorganisation or the liquidation of the debtor’s assets or affairs or to act as a representative of the foreign proceeding;
(k) “hire-purchase agreement” includes a conditional sale agreement, a chattel leasing agreement and a retention of title agreement;
(l) “section 426 request” means a request for assistance in accordance with section 426 of the Insolvency Act 1986 made to a court in any part of the United Kingdom;
(m) “secured creditor” in relation to a debtor, means a creditor of the debtor who holds in respect of his debt a security over property of the debtor;
(n) “security” means—
(i) in relation to England and Wales, any mortgage, charge, lien or other security; and
(ii) in relation to Scotland, any security (whether heritable or moveable), any floating charge and any right of lien or preference and any right of retention (other than a right of compensation or set off);
(o) in the application of Articles 20 and 23 to Scotland, “an individual” means any debtor within the meaning of the Bankruptcy (Scotland) Act 1985;
(p) in the application of this Law to Scotland, references howsoever expressed to—
(i) “filing” an application or claim are to be construed as references to lodging an application or submitting a claim respectively;
(ii) “relief” and “standing” are to be construed as references to “remedy” and “title and interest” respectively; and
(iii) a “stay” are to be construed as references to restraint, except in relation to continuation of actions or proceedings when they shall be construed as a reference to sist; and
(q) references to the law of Great Britain include a reference to the law of either part of Great Britain (including its rules of private international law).

---
Source: https://www.legislation.gov.uk/ukdsi/2006/0110741587/schedule/1/part/1/crossheading/article-2-definitions (the official version)
Page: https://openlegislation.uk/draft-cross-border-insolvency-regulations-2006/schedule-1/part-1/crossheading-article-2-definitions
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.