Paragraph 48 I1

United Kingdom

(1)

Rule 1.7 is amended as follows M1.

(2)

For the heading substitute “ Reasons for stating whether proceedings are or will be COMI proceedings, establishment proceedings etc. ”.

(3)

In the opening words for “main, secondary or territorial or non-EU proceedings” substitute “ COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ” and after “must include” insert “ as applicable ”.

(4)

In paragraph (a)—

(a)

at the end of sub-paragraph (ii) omit “or”;

(b)

after sub-paragraph (ii) insert—

“(iia)
the place where there is an establishment within the jurisdiction, or”; and

(c)

in sub-paragraph (iii) for “non-EU proceedings” substitute “ proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply ”.

(5)

For sub-paragraph (b) substitute—

“(b)
for a debtor—
(i)
the centre of main interests, or
(ii)
the place where there is an establishment within the jurisdiction.”.

Annotations

Marginal citations

M1: Rule 1.7 has been amended by S.I. 2017/1115.

Commencement

I1: Sch. para. 48 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)