# The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013, Paragraph 116: The Cross-Border Insolvency Regulations 2006

Extent: E+W+S+N.I.

In the Cross-Border Insolvency Regulations 2006—
(a) in Schedule 2 (procedural matters in England and Wales)—
(i) in paragraph 1—
(aa) for sub-paragraph (6) substitute—
“(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.”;
(bb) in sub-paragraph (7), for “sub-paragraph (6)” substitute “sub-paragraphs (6) and (6A)”;
(ii) in paragraph 21(2)—
(aa) at the end of paragraph (h) omit “and”;
(bb) for paragraph (i) substitute—
“(i) if the debtor is a debtor who is of interest to the Financial Conduct Authority, on that Authority; and
(j) if the debtor is a debtor who is of interest to the Prudential Regulation Authority, on that Authority.”;
(iii) for paragraph 25(1)(i) substitute—
“(i) if the debtor is a debtor who is of interest to the Financial Conduct Authority, that Authority;
(ia) if the debtor is a debtor who is of interest to the Prudential Regulation Authority, that Authority; and”;
(iv) for paragraph 26(3)(g) substitute—
“(g) if the debtor is a debtor who is of interest to the Financial Conduct Authority, to that Authority;
(ga) if the debtor is a debtor who is of interest to the Prudential Regulation Authority, to that Authority;”;
(b) in Schedule 3 (procedural matters in Scotland)—
(i) in paragraph 1—
(aa) for sub-paragraph (3) substitute—
“(3) 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.
(3A) 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.”;
(bb) in sub-paragraph (4), for “sub-paragraph (3)” substitute “sub-paragraphs (3) and (3A)”;
(ii) for paragraph 6(1)(i) substitute—
“(i) if the debtor is a debtor who is of interest to the Financial Conduct Authority, that Authority;
(ia) if the debtor is a debtor who is of interest to the Prudential Regulation Authority, that Authority; and”;
(iii) for paragraph 7(3)(g) substitute—
“(g) if the debtor is a debtor who is of interest to the Financial Conduct Authority, to that Authority;
(ga) if the debtor is a debtor who is of interest to the Prudential Regulation Authority, to that Authority; and”;
(c) in Schedule 5 (forms), in form ML6, for “Financial Services Authority” in each place substitute “Financial Conduct Authority and, where relevant, the Prudential Regulation Authority”.

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Source: https://www.legislation.gov.uk/uksi/2013/472/schedule/2/paragraph/116 (the official version)
Page: https://openlegislation.uk/financial-services-act-2012-consequential-amendments-and-transitional-provisions-order-2013/schedule-2/paragraph-116
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.