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The Insolvency (ECSC Levy Debts) Regulations 1987

S.I. 1987/2093 · Made 1 December 1987 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2024.

INSOLVENCY

COMPANIES

INDIVIDUALS, ENGLAND AND WALES

BANKRUPTCY, SCOTLAND

Made 1st December 1987

Laid before Parliament 8th December 1987

Coming into force 1st January 1988

The Secretary of State, being a Minister designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to the conferment of preferential treatment in insolvency for debts arising from the application of levies on the production of coal and steel, in exercise of the powers conferred on him by that section and of all his other enabling powers, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

S.I. 1987/926.

f2

1972 c. 68.

Contents

  1. 1Citation and commencement
  2. 2Amendment of Insolvency Act 1986
  3. 3Amendment of Bankruptcy (Scotland) Act 1985 Repealed
  4. 4Preferential treatment under former law Repealed
  5. Signature
  6. Explanatory note

1Citation and commencementI1

These Regulations, which extend to Great Britain, may be cited as the Insolvency (ECSC Levy Debts) Regulations 1987 and shall come into force on 1st January 1988.

2Amendment of Insolvency Act 1986I1

(1)

Schedule 6 to the Insolvency Act 1986f1 is hereby amended by the insertion after paragraph 15 of the following paragraph—

“Category 6: Levies on coal and steel production

15A

Any sums due at the relevant date from the debtor in respect of—

(a)

the levies on the production of coal and steel referred to in Articles 49 and 50 of the E.C.S.C. Treaty, or

(b)

any surcharge for delay provided for in Article 50(3) of that Treaty and Article 6 of Decision 3/52 of the High Authority of the Coal and Steel Community.”f2.

(2)

Accordingly in section 386(1) of that Act (construction of references to preferential debts) after “remuneration etc. of employees” there shall be inserted “; levies on coal and steel production”.

(3)

The amendment made by paragraph (1) above shall have effect in relation to a debtor whether the relevant date referred to in that amendment is a date falling before or after the commencement of these Regulations, but shall not affect any declaration or payment of a dividend made before that commencement.

3Amendment of Bankruptcy (Scotland) Act 1985F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Preferential treatment under former lawF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature

Francis Maude

Parliamentary Under-Secretary of State,

Department of Trade and Industry

1st December 1987

Explanatory note

(This note is not part of the Regulations)

These Regulations implement Commission Recommendation 86/198/ECSC (OJ No. L144, 29.5.86, p.40) that European Coal and Steel Community levy debts be given preferential treatment in insolvency proceedings in Great Britain.