Paragraph 116 The Cross-Border Insolvency Regulations 2006I1

United Kingdom

In the Cross-Border Insolvency Regulations 2006^f1—

(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”.

Paragraph 116 The Cross-Border Insolvency Regulations 2006I1

Annotations

Commencement

Footnotes