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The Insolvency (Amendment) (EU Exit) Regulations 2018 in Scotland

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2018, ISBN 9780111174906

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018 and paragraph 2(2) of Schedule 2 to the European Communities Act 1972, for approval by resolution of each House of Parliament.

Exiting The European Union

Insolvency

Made ***

Coming into force in accordance with regulation 1(2) and (3)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018f1 and section 2(2) of the European Communities Act 1972f2.

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to insolvencyf3 and the protection of employees in the event of the insolvency of their employersf4.

In accordance with paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018 and paragraph 2(2) of Schedule 2 to the European Communities Act 1972 a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.

Annotations to the whole text

Footnotes

f1

2018 c. 16.

f2

1972 c. 68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3 and the Schedule to `the European Union (Amendment) Act 2008 (c. 7).

f3

The Secretary of State is designated by the European Communities (Designation) (No. 3) Order 2001 S.I. 2001/3495.

f4

The Secretary of State is designated by the European Communities (Designation) (No. 2) Order 2005 S.I. 2005/1971.

Contents

  1. 1Citation and commencement
  2. 2Amendments
  3. 3Extent and application
  4. 4Temporal application and savings
  5. 5Temporal application and savings
  6. Signature
  7. Schedule
  8. Part 1: Amendment of retained direct EU legislation
  9. 1Amendments to the EU Insolvency Regulation
  10. 2Amendments to the EU Insolvency Regulation
  11. 3Amendments to the EU Insolvency Regulation
  12. 4Amendments to the EU Insolvency Regulation
  13. 5Amendments to the EU Insolvency Regulation
  14. 6Amendments to the EU Insolvency Regulation
  15. 7Amendments to the EU Insolvency Regulation
  16. 8Amendments to the EU Insolvency Regulation
  17. 9Amendments to the EU Insolvency Regulation
  18. 10Amendments to the EU Insolvency Regulation
  19. 11Amendments to the EU Insolvency Regulation
  20. 12Amendments to the EU Insolvency Regulation
  21. 13Amendments to the EU Insolvency Regulation
  22. 14Amendments to the EU Insolvency Regulation
  23. 15Amendments to the EU Insolvency Regulation
  24. Part 2: Amendments to the Insolvency Act 1986
  25. 16Paragraph 16
  26. 17Paragraph 17
  27. 18Paragraph 18
  28. 19Paragraph 19
  29. 20Paragraph 20
  30. 21Paragraph 21
  31. 22Paragraph 22
  32. 23Paragraph 23
  33. 24Paragraph 24
  34. 25Paragraph 25
  35. 26Paragraph 26
  36. 27Paragraph 27
  37. 28Paragraph 28
  38. 29Paragraph 29
  39. 30Paragraph 30
  40. 31Paragraph 31
  41. 32Paragraph 32
  42. 33Paragraph 33
  43. 34Paragraph 34
  44. 35Paragraph 35
  45. 36Paragraph 36
  46. 37Paragraph 37
  47. 38Paragraph 38
  48. 39Paragraph 39
  49. 40Paragraph 40
  50. 41Paragraph 41
  51. 42Paragraph 42
  52. 43Paragraph 43
  53. 44Paragraph 44
  54. Part 3: Administration under old Part 2 of the Insolvency Act 1986
  55. 45Paragraph 45
  56. Part 4: Amendments to the Insolvency (England and Wales) Rules 2016
  57. 46Paragraph 46
  58. 47Paragraph 47
  59. 48Paragraph 48
  60. 49Paragraph 49
  61. 50Paragraph 50
  62. 51Paragraph 51
  63. 52Paragraph 52
  64. 53Paragraph 53
  65. 54Paragraph 54
  66. 55Paragraph 55
  67. 56Paragraph 56
  68. 57Paragraph 57
  69. 58Paragraph 58
  70. 59Paragraph 59
  71. 60Paragraph 60
  72. 61Paragraph 61
  73. 62Paragraph 62
  74. 63Paragraph 63
  75. 64Paragraph 64
  76. 65Paragraph 65
  77. 66Paragraph 66
  78. 67Paragraph 67
  79. 68Paragraph 68
  80. 69Paragraph 69
  81. 70Paragraph 70
  82. 71Paragraph 71
  83. 72Paragraph 72
  84. 73Paragraph 73
  85. 74Paragraph 74
  86. 75Paragraph 75
  87. 76Paragraph 76
  88. 77Paragraph 77
  89. 78Paragraph 78
  90. 79Paragraph 79
  91. 80Paragraph 80
  92. 81Paragraph 81
  93. 82Paragraph 82
  94. 83Paragraph 83
  95. 84Paragraph 84
  96. 85Paragraph 85
  97. 86Paragraph 86
  98. 87Paragraph 87
  99. 88Paragraph 88
  100. 89Paragraph 89
  101. 90Paragraph 90
  102. 91Paragraph 91
  103. 92Paragraph 92
  104. 93Paragraph 93
  105. 94Paragraph 94
  106. 95Paragraph 95
  107. 96Paragraph 96
  108. 97Paragraph 97
  109. 98Paragraph 98
  110. 99Paragraph 99
  111. 100Paragraph 100
  112. 101Paragraph 101
  113. 102Paragraph 102
  114. 103Paragraph 103
  115. 104Paragraph 104
  116. 105Paragraph 105
  117. 106Paragraph 106
  118. 107Paragraph 107
  119. Part 5: Other amendments: England and Wales
  120. 108The Administration of Insolvent Estates of Deceased Persons Order 1986
  121. 109The Land Registration Rules 2003
  122. 110The Civil Proceedings Fees Order 2008
  123. Part 6: Other amendments: England, Wales and Scotland
  124. 111The Pension Protection Fund (Entry Rules) Regulations 2005
  125. 112The Cross-Border Insolvency Regulations 2006
  126. 113The Cross-Border Insolvency Regulations 2006
  127. 114The Cross-Border Insolvency Regulations 2006
  128. 115The Cross-Border Insolvency Regulations 2006
  129. 116The Cross-Border Insolvency Regulations 2006
  130. 117The Cross-Border Insolvency Regulations 2006
  131. 118The Cross-Border Insolvency Regulations 2006
  132. 119The Cross-Border Insolvency Regulations 2006
  133. 120The Cross-Border Insolvency Regulations 2006
  134. 121The Cross-Border Insolvency Regulations 2006
  135. 122The Cross-Border Insolvency Regulations 2006
  136. 123The Cross-Border Insolvency Regulations 2006
  137. 124The Cross-Border Insolvency Regulations 2006
  138. 125The Cross-Border Insolvency Regulations 2006
  139. 126The Cross-Border Insolvency Regulations 2006
  140. 127The Cross-Border Insolvency Regulations 2006
  141. 128The Cross-Border Insolvency Regulations 2006
  142. 129The Cross-Border Insolvency Regulations 2006
  143. 130The Cross-Border Insolvency Regulations 2006
  144. 131The Cross-Border Insolvency Regulations 2006
  145. 132The Cross-Border Insolvency Regulations 2006
  146. Part 7: Amendments to the Insolvency Act 1986 applying to Scotland only
  147. 133Paragraph 133
  148. 134Paragraph 134
  149. 135Paragraph 135
  150. 136Paragraph 136
  151. 137Paragraph 137
  152. 138Paragraph 138
  153. Part 8: Amendments to the Insolvency (Scotland) Rules 1986
  154. 139Paragraph 139
  155. 140Paragraph 140
  156. 141Paragraph 141
  157. 142Paragraph 142
  158. 143Paragraph 143
  159. 144Paragraph 144
  160. 145Paragraph 145
  161. 146Paragraph 146
  162. 147Paragraph 147
  163. 148Paragraph 148
  164. 149Paragraph 149
  165. 150Paragraph 150
  166. 151Paragraph 151
  167. 152Paragraph 152
  168. 153Paragraph 153
  169. 154Paragraph 154
  170. 155Paragraph 155
  171. 156Paragraph 156
  172. 157Paragraph 157
  173. 158Paragraph 158
  174. 159Paragraph 159
  175. 160Paragraph 160
  176. Part 9: Amendments to the Insolvency (Northern Ireland) Order 1989 and the Insolvency Rules (Northern Ireland) 1991
  177. 161Amendments to the Insolvency (Northern Ireland) Order 1989
  178. 162Amendments to the Insolvency (Northern Ireland) Order 1989
  179. 163Amendments to the Insolvency (Northern Ireland) Order 1989
  180. 164Amendments to the Insolvency (Northern Ireland) Order 1989
  181. 165Amendments to the Insolvency (Northern Ireland) Order 1989
  182. 166Amendments to the Insolvency (Northern Ireland) Order 1989
  183. 167Amendments to the Insolvency (Northern Ireland) Order 1989
  184. 168Amendments to the Insolvency (Northern Ireland) Order 1989
  185. 169Amendments to the Insolvency (Northern Ireland) Order 1989
  186. 170Amendments to the Insolvency (Northern Ireland) Order 1989
  187. 171Amendments to the Insolvency (Northern Ireland) Order 1989
  188. 172Amendments to the Insolvency (Northern Ireland) Order 1989
  189. 173Amendments to the Insolvency (Northern Ireland) Order 1989
  190. 174Amendments to the Insolvency (Northern Ireland) Order 1989
  191. 175Amendments to the Insolvency (Northern Ireland) Order 1989
  192. 176Amendments to the Insolvency (Northern Ireland) Order 1989
  193. 177Amendments to the Insolvency (Northern Ireland) Order 1989
  194. 178Amendments to the Insolvency (Northern Ireland) Order 1989
  195. 179Amendments to the Insolvency (Northern Ireland) Order 1989
  196. 180Amendments to the Insolvency (Northern Ireland) Order 1989
  197. 181Amendments to the Insolvency (Northern Ireland) Order 1989
  198. 182Amendments to the Insolvency (Northern Ireland) Order 1989
  199. 183Amendments to the Insolvency (Northern Ireland) Order 1989
  200. 184Amendments to the Insolvency (Northern Ireland) Order 1989
  201. 185Amendments to the Insolvency (Northern Ireland) Order 1989
  202. 186Amendments to the Insolvency Rules (Northern Ireland) 1991
  203. 187Amendments to the Insolvency Rules (Northern Ireland) 1991
  204. 188Amendments to the Insolvency Rules (Northern Ireland) 1991
  205. 189Amendments to the Insolvency Rules (Northern Ireland) 1991
  206. 190Amendments to the Insolvency Rules (Northern Ireland) 1991
  207. 191Amendments to the Insolvency Rules (Northern Ireland) 1991
  208. 192Amendments to the Insolvency Rules (Northern Ireland) 1991
  209. 193Amendments to the Insolvency Rules (Northern Ireland) 1991
  210. 194Amendments to the Insolvency Rules (Northern Ireland) 1991
  211. 195Amendments to the Insolvency Rules (Northern Ireland) 1991
  212. 196Amendments to the Insolvency Rules (Northern Ireland) 1991
  213. 197Amendments to the Insolvency Rules (Northern Ireland) 1991
  214. 198Amendments to the Insolvency Rules (Northern Ireland) 1991
  215. 199Amendments to the Insolvency Rules (Northern Ireland) 1991
  216. 200Amendments to the Insolvency Rules (Northern Ireland) 1991
  217. 201Amendments to the Insolvency Rules (Northern Ireland) 1991
  218. 202Amendments to the Insolvency Rules (Northern Ireland) 1991
  219. 203Amendments to the Insolvency Rules (Northern Ireland) 1991
  220. 204Amendments to the Insolvency Rules (Northern Ireland) 1991
  221. 205Amendments to the Insolvency Rules (Northern Ireland) 1991
  222. 206Amendments to the Insolvency Rules (Northern Ireland) 1991
  223. 207Amendments to the Insolvency Rules (Northern Ireland) 1991
  224. 208Amendments to the Insolvency Rules (Northern Ireland) 1991
  225. 209Amendments to the Insolvency Rules (Northern Ireland) 1991
  226. 210Amendments to the Insolvency Rules (Northern Ireland) 1991
  227. 211Amendments to the Insolvency Rules (Northern Ireland) 1991
  228. 212Amendments to the Insolvency Rules (Northern Ireland) 1991
  229. 213Amendments to the Insolvency Rules (Northern Ireland) 1991
  230. 214Amendments to the Insolvency Rules (Northern Ireland) 1991
  231. 215Amendments to the Insolvency Rules (Northern Ireland) 1991
  232. 216Amendments to the Insolvency Rules (Northern Ireland) 1991
  233. 217Amendments to the Insolvency Rules (Northern Ireland) 1991
  234. 218Amendments to the Insolvency Rules (Northern Ireland) 1991
  235. 219Amendments to the Insolvency Rules (Northern Ireland) 1991
  236. 220Amendments to the Insolvency Rules (Northern Ireland) 1991
  237. 221Amendments to the Insolvency Rules (Northern Ireland) 1991
  238. 222Amendments to the Insolvency Rules (Northern Ireland) 1991
  239. 223Amendments to the Insolvency Rules (Northern Ireland) 1991
  240. 224Amendments to the Insolvency Rules (Northern Ireland) 1991
  241. 225Amendments to the Insolvency Rules (Northern Ireland) 1991
  242. 226Amendments to the Insolvency Rules (Northern Ireland) 1991
  243. 227Amendments to the Insolvency Rules (Northern Ireland) 1991
  244. 228Amendments to the Insolvency Rules (Northern Ireland) 1991
  245. 229Amendments to the Insolvency Rules (Northern Ireland) 1991
  246. 230Amendments to the Insolvency Rules (Northern Ireland) 1991
  247. 231Amendments to the Insolvency Rules (Northern Ireland) 1991
  248. 232Amendments to the Insolvency Rules (Northern Ireland) 1991
  249. 233Amendments to the Insolvency Rules (Northern Ireland) 1991
  250. 234Amendments to the Insolvency Rules (Northern Ireland) 1991
  251. Part 10: Other amendments: Northern Ireland
  252. 235The Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005
  253. 236The Cross-Border Insolvency Regulations (Northern Ireland) 2007
  254. 237The Cross-Border Insolvency Regulations (Northern Ireland) 2007
  255. 238The Cross-Border Insolvency Regulations (Northern Ireland) 2007
  256. 239The Cross-Border Insolvency Regulations (Northern Ireland) 2007
  257. 240The Cross-Border Insolvency Regulations (Northern Ireland) 2007
  258. 241The Cross-Border Insolvency Regulations (Northern Ireland) 2007
  259. 242The Cross-Border Insolvency Regulations (Northern Ireland) 2007
  260. 243The Cross-Border Insolvency Regulations (Northern Ireland) 2007
  261. 244The Cross-Border Insolvency Regulations (Northern Ireland) 2007
  262. 245The Cross-Border Insolvency Regulations (Northern Ireland) 2007
  263. 246The Cross-Border Insolvency Regulations (Northern Ireland) 2007
  264. 247The Cross-Border Insolvency Regulations (Northern Ireland) 2007
  265. 248The Cross-Border Insolvency Regulations (Northern Ireland) 2007
  266. 249The Cross-Border Insolvency Regulations (Northern Ireland) 2007
  267. 250The Cross-Border Insolvency Regulations (Northern Ireland) 2007
  268. 251The Cross-Border Insolvency Regulations (Northern Ireland) 2007
  269. 252The Cross-Border Insolvency Regulations (Northern Ireland) 2007
  270. Part 11: Amendments to the Employment Rights Act 1996 and the Pension Schemes Act 1993
  271. 253Amendments to the Employment Rights Act 1996
  272. 254Amendments to the Pension Schemes Act 1993
  273. Part 12: Amendments to the Employment Rights (Northern Ireland) Order 1996 and the Pension Schemes (Northern Ireland) Act 1993
  274. 255Amendments to the Employment Rights (Northern Ireland) Order 1996
  275. 256Amendments to the Pension Schemes (Northern Ireland) Act 1993
  276. Part 13
  277. Chapter: Further amendments to the Employment Rights (Northern Ireland) Order 1996 and the Pension Schemes (Northern Ireland) Act 1993
  278. 257Amendments to the Employment Rights (Northern Ireland) Order 1996
  279. 258Amendments to the Pension Schemes (Northern Ireland) Act 1993
  280. Explanatory note