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The Insolvency Amendment (EU 2015/848) Regulations 2017

S.I. 2017/702 · Made 21 June 2017 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2019.

Insolvency

Companies

Individuals

Made 21st June 2017

Laid before Parliament 23rd June 2017

Coming into force 26th June 2017

The Secretary of State, being designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to insolvencyf1 makes the following Regulations in exercise of the powers conferred upon him by that section.

Annotations to the whole text

Footnotes

f1

1972 c. 68. The Secretary of State was designated by S.I. 2001/3495. Section 57(1) of the Scotland Act 1998 (1998 c. 46) provides that despite the transfer to the Scottish Ministers of functions in relation to observing and implementing obligations under EU law, any function of a Minister of the Crown shall continue to be exercisable by the Minister as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972.

Contents

  1. 1Citation and Commencement
  2. 2Amendments and extent
  3. 3Temporal application
  4. 4Saving
  5. Signature
  6. Schedule
  7. Part 1: Amendments to the Insolvency Act 1986
  8. 1Paragraph 1
  9. 2Paragraph 2
  10. 3Paragraph 3
  11. 4Paragraph 4
  12. 5Paragraph 5
  13. 6Paragraph 6
  14. 7Paragraph 7
  15. 8Paragraph 8
  16. 9Paragraph 9
  17. 10Paragraph 10
  18. 11Paragraph 11
  19. 12Paragraph 12
  20. 13Paragraph 13
  21. 14Paragraph 14
  22. 15Paragraph 15
  23. 16Paragraph 16
  24. 17Paragraph 17
  25. 18Paragraph 18
  26. 19Paragraph 19
  27. 20Paragraph 20
  28. 21Paragraph 21
  29. 22Paragraph 22
  30. 23Paragraph 23
  31. 24Paragraph 24
  32. 25Paragraph 25
  33. 26Paragraph 26
  34. 27Paragraph 27
  35. 28Paragraph 28
  36. 29Paragraph 29
  37. 30Paragraph 30
  38. 31Paragraph 31
  39. 2Amendments to the Insolvency (England and Wales) Rules 2016
  40. 32Amendments to the Insolvency Rules 2016
  41. 35Rule 2.14 (documents filed with the court to obtain a moratorium (paragraph 7(1) of Schedule A1))
  42. 36Rule 2.25 (CVA: consideration of proposal: common requirements (section 3))
  43. 37Rule 3.51 (order of priority)
  44. 38Rule 6.42 (general rule as to priority)
  45. 39Rule 7.33 (application for the appointment of provisional liquidator (section 135))
  46. 40Rule 7.108 (general rule as to priority)
  47. 41Rule 8.19 (IVA: Nominee’s report (section 256A))
  48. 42Rule 10.49 (application for the appointment of interim receiver (section 286))
  49. 43Rule 10.149 (general rule as to priority)
  50. 44Rule 15.11 (Notice of decision procedures or of seeking deemed consent: when and to whom delivered)
  51. 45Part 21
  52. 46Interpretation for Part 21
  53. 47Standard contents of applications to court under the EU Regulation
  54. 49Confirmation of creditors’ voluntary winding up: application
  55. 50Member state liquidator: duty to give notice
  56. 51Member State liquidator: rules on creditors’ participation in proceedings
  57. 52Member State liquidator: rules on creditors’ participation in proceedings
  58. Part 3: Other amendments: England and Wales
  59. 53Land Registration Rules 2003
  60. 54Civil Proceedings Fees Order 2008
  61. Part 4: Amendments to the Insolvency Act 1986 extending to Scotland only
  62. 55Paragraph 55
  63. 56Paragraph 56 Repealed
  64. 57Paragraph 57 Repealed
  65. 58Paragraph 58 Repealed
  66. 59Paragraph 59
  67. 60Paragraph 60 Repealed
  68. Part 5: Amendments to the Insolvency (Scotland) Rules 1986
  69. 61The Insolvency (Scotland) Rules 1986
  70. 62Rule 0.2 Interpretation
  71. 63Rule 1.3 Contents of proposal
  72. 64Rule 1.7 Nominee’s report on the proposal
  73. 65Rule 1.10 preparation of proposal
  74. 66Rule 1.17 Report of meetings
  75. 67Rule 1.28 the nominee’s statement
  76. 68Documents submitted to the court to obtain a moratorium
  77. 69Part 1 Chapter 8: EC Regulation – Conversion of voluntary Arrangement into Winding Up
  78. 70Rule 1.46 Application for conversion into winding up
  79. 71Rule 1.47 Contents of affidavit
  80. 72Part 1 Chapter 9: EC Regulation – Member State Liquidator
  81. 73Rule 1.49 Notice to member State liquidator
  82. 74Rule 2.1: Introductory and interpretation
  83. 75Rule 2.2: Form of application
  84. 76Rule 2.25 : Administrator’s proposals
  85. 77Part 2 Chapter 12: EC Regulation – Conversion of Administration into Winding Up
  86. 78Rule 2.57 Application for conversion into winding up
  87. 79Rule 2.58 Contents of affidavit
  88. 80Part 2 Chapter 13: EC Regulation —member State liquidator
  89. 81Rule 2.60 Interpretation of creditor and notice to member State liquidator
  90. 82Rule 4.67 (order of priority of expenses of liquidation)
  91. 83Rule 4.75A (electronic measures - application)
  92. 84Part 4 Chapter 14: EC Regulation – member State liquidator
  93. 85Winding up – member State liquidator
  94. 86Part 4 Chapter 15
  95. 87Confirmation of creditors’ voluntary winding up: application
  96. 88Member State liquidator: duty to give notice
  97. 89Member State liquidator: interpretation of creditor
  98. 90EU Regulation – undertakings and group proceedings etc.
  99. 91Forms
  100. Part 6: Other amendments England, Wales and Scotland
  101. 92Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016
  102. 93The Pension Protection Fund (Entry Rules) Regulations 2005
  103. 94Cross-Border Insolvency Regulations 2006
  104. 95Regulated Covered Bonds Regulations 2008
  105. Part 7: Northern Ireland
  106. 96Amendments to the Insolvency (Northern Ireland) Order 1989
  107. 97Amendments to the Insolvency (Northern Ireland) Order 1989
  108. 98Amendments to the Insolvency (Northern Ireland) Order 1989
  109. 99Amendments to the Insolvency (Northern Ireland) Order 1989
  110. 100Amendments to the Insolvency (Northern Ireland) Order 1989
  111. 101Amendments to the Insolvency (Northern Ireland) Order 1989
  112. 102Amendments to the Insolvency (Northern Ireland) Order 1989
  113. 103Amendments to the Insolvency (Northern Ireland) Order 1989
  114. 104Amendments to the Insolvency (Northern Ireland) Order 1989
  115. 105Amendments to the Insolvency (Northern Ireland) Order 1989
  116. 106Amendments to the Insolvency (Northern Ireland) Order 1989
  117. 107Amendments to the Insolvency (Northern Ireland) Order 1989
  118. 108Amendments to the Insolvency (Northern Ireland) Order 1989
  119. 109Amendments to the Insolvency (Northern Ireland) Order 1989
  120. 110Amendments to the Insolvency (Northern Ireland) Order 1989
  121. 111Amendments to the Insolvency (Northern Ireland) Order 1989
  122. 112Amendments to the Insolvency (Northern Ireland) Order 1989
  123. 113Amendments to the Insolvency (Northern Ireland) Order 1989
  124. 114Amendments to the Insolvency (Northern Ireland) Order 1989
  125. 115Amendments to the Insolvency (Northern Ireland) Order 1989
  126. 116Amendments to the Insolvency (Northern Ireland) Order 1989
  127. 117Amendments to the Insolvency (Northern Ireland) Order 1989
  128. 118Amendments to the Insolvency (Northern Ireland) Order 1989
  129. 119Amendments to the Insolvency (Northern Ireland) Order 1989
  130. 120Amendments to the Insolvency (Northern Ireland) Order 1989
  131. Part 8: Northern Ireland
  132. 121Amendments to the Insolvency Rules (Northern Ireland) 1991
  133. 122Rule 1.09 (Summoning of meetings under Article 16)
  134. 123Rule 1.31 (application for conversion into winding up)
  135. 124Rule 1.32 (contents of affidavit)
  136. 125Rule 1.33 (power of court)
  137. 126Interpretation of creditor and notice to member State liquidator
  138. 127Documents submitted to the court to obtain moratorium
  139. 128Rule 2.068 (expenses of the Administration)
  140. 129Rules 2.131 (application for conversion into winding-up)
  141. 130Rule 2.132 (contents of affidavit)
  142. 131Rule 2.133 (power of court)
  143. 132Interpretation of creditor and notice to member State liquidator
  144. 133Interpretation of creditor and notice to member State liquidator
  145. 134Rule 4.027 (Appointment of provisional liquidator)
  146. 135Rule 4.228 (General Rule as to priority)
  147. 136Rule 5.14 (Nominee’s report to the court)
  148. 137Chapter 13 of Part 5
  149. 138Rule 5.61 (Application for conversion of voluntary arrangement into bankruptcy)
  150. 139Rule 5.62 (contents of affidavit)
  151. 140Rule 6.049 (Application for the appointment of interim receiver)
  152. 141Rule 6.222 (General Rule as to priority)
  153. 142Rule 7.56 (Application for confirmation)
  154. Part 9: Consequential amendments Northern Ireland
  155. 143Amendments to the Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005
  156. 144Cross-Border Insolvency Regulations (Northern Ireland) 2007
  157. Explanatory note