Regulation 4 Temporal application and savings

(1)

Subject to regulation 5 nothing in these Regulations affects—

(a)

the application of Council Regulation (EC) 1346/2000^f1 to insolvency proceedings which fall within the scope of that Regulation and were opened before 26 June 2017; and

(b)

the saving for the existing law in article 3 of the Insolvency Amendment (EU 2015/848) Regulations 2017^f2.

(2)

Where main proceedings under the EU Insolvency Regulation were opened before exit day the amendments made by these Regulations do not apply in respect of—

(a)

those proceedings;

(b)

secondary proceedings in respect of the same debtor;

(c)

any proceedings falling within Article 6 of the EU Insolvency Regulation.

(3)

In applying paragraphs (1) and (2) references to the EU and to its members are to be read as if the United Kingdom were a member.

(4)

The time at which proceedings are opened is to be determined in accordance with Article 2(8) of the EU Insolvency Regulation.

(5)

In this regulation and regulation 5 the EU Insolvency Regulation means Regulation (EU) 2015/848 of the European Parliament and of the Council on insolvency proceedings^f3.

Annotations

Footnotes

f1: O.J. L. 160, 30.06.2000, p.1 as last amended by Council Implementing Regulation (EU) 2016/1792 of 29 September 2016, O.J. L. 274, 11.10.2016, p.35.
f2: S.I. 2017/702.
f3: O.J. L. 141, 5.06.2015, p.19 as last amended by Regulation (EU) 2017/353 of the European Parliament and of the Council of 15 February 2017 O.J. L57, 3.3.2017 p.19.