# The Insurers (Reorganisation and Winding Up) Regulations 2003, Regulation 11: Publication of voluntary arrangement, administration order, winding up order or scheme of arrangement


(1) This regulation applies where a qualifying decision has effect, or a qualifying order or qualifying appointment is made, in relation to a UK insurer on or after 20 April 2003.
(2) For the purposes of this regulation—
(a) a qualifying decision means a decision with respect to a proposed voluntary arrangement, in accordance with section 4A of the 1986 Act;
(b) a qualifying order means—
(i) an administration order under section 8(1) of the 1986 Act,
(ii) an order appointing a provisional liquidator in accordance with section 135 of that Act, and
(iii) a winding up order made by the court under Part IV of that Act or Part V of the 1989 Order.
(c) a qualifying appointment means the appointment of a liquidator as mentioned in section 100 of the 1986 Act or Article 86 of the 1989 Order (appointment of liquidator in a creditors' voluntary winding up).
(3) Subject to paragraph (8), as soon as is reasonably practicable after a qualifying decision has effect, a qualifying order or a qualifying appointment has been made, the relevant officer must publish, or cause to be published, in the Official Journal of the European Communities the information mentioned in paragraph (4) and (if applicable) paragraphs (5), (6) or (7).
(4) That information is—
(a) a summary of the terms of the qualifying decision, qualifying appointment or the provisions of the qualifying order (as the case may be);
(b) the identity of the relevant officer;
(c) the statutory provisions in accordance with which the qualifying decision has effect or the qualifying order or appointment has been made.
(5) In the case of a qualifying appointment, that information includes the court to which an application under section 112 of the 1986 Act (reference of questions to the court) or Article 98 of the 1989 Order (reference of questions to the High Court) may be made.
(6) In the case of a qualifying decision, that information includes the court to which an application under section 6 of the 1986 Act or Article 19 of the 1989 Order (challenge of decisions) may be made.
(7) In the case of a qualifying order falling within paragraph (2)(b)(i), that information includes the court to which an application under section 27 of the 1986 Act or Article 39 of the 1989 Order (protection of interests of creditors and members) may be made.
(8) Paragraph (3) does not apply where a qualifying decision or qualifying order falling within paragraph (2)(b)(i) affects the interests only of the members, or any class of members, or employees of the insurer (in their capacity as members or employees).
(9) This regulation is without prejudice to any requirement to publish information imposed upon a relevant officer under any provision of the general law of insolvency.
(10) A relevant officer who fails to comply with paragraph (3) of this regulation commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(11) A qualifying decision or qualifying order is not invalid or ineffective if the relevant official fails to comply with paragraph (3) of this regulation.
(12) In this regulation, “relevant officer” means—
(a) in the case of a voluntary arrangement, the supervisor;
(b) in the case of an administration order, the administrator;
(c) in the case of a creditors' voluntary winding up, the liquidator;
(d) in the case of winding up order, the liquidator; or
(e) in the case of an order appointing a provisional liquidator, the provisional liquidator.

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Source: https://www.legislation.gov.uk/uksi/2003/1102/regulation/11 (the official version)
Page: https://openlegislation.uk/insurers-reorganisation-and-winding-up-regulations-2003/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.