The Cross-Border Insolvency Regulations (Northern Ireland) 2007

47

• (1) Paragraphs 48 to 50 apply where in proceedings under these Regulations it appears to the court that a person affected by the proceedings is one who in incapable of managing and administering his property and affairs either—

• (a) by reason of mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986[^f00043];

• (b) due to physical affliction or disability.

• (2) The person concerned is referred to as “the incapacitated person”.

Appointment of another person to act

48

• (1) The court may appoint such person as it thinks fit to appear for, represent or act for the incapacitated person.

• (2) The appointment may be made either generally or for the purpose of any particular application or proceeding, or for the exercise of particular rights or powers which the incapacitated person might have exercised but for his incapacity.

• (3) The court may make the appointment either of its own motion or on application by—

• (a) a person who has been appointed by a court in the United Kingdom or elsewhere to manage the affairs of, or to represent, the incapacitated person; or

• (b) any relative or friend of the incapacitated person who appears to the court to be a proper person to make the application; or

• (c) in any case where the incapacitated person is the debtor, the foreign representative.

• (4) Application under sub-paragraph (3) may be made ex parte; but the court may require such notice of the application as it thinks necessary to be given to the person alleged to be incapacitated, or any other person, and may adjourn the hearing of the application to enable the notice to be given.

Affidavit in support of application

49

• (1) An application under paragraph 48(3) shall subject to paragraph (2), be supported by an affidavit of a registered medical practitioner as to the mental or physical condition of the incapacitated person.

• (2) The affidavit of a registered medical practitioner shall not be required where the incapacitated person is a patient within the meaning of the Mental Health (Northern Ireland) Order 1986.

Service of notices following appointment

50

Any notice served on, or sent to, a person appointed under paragraph 48 has the same effect as if it had been served on, or given to, the incapacitated person.

Rights of audience

51

Rights of audience in proceedings under these Regulations are the same as obtain in proceedings under Northern Ireland insolvency law.

Right of attendance

52

• (1) Subject to sub-paragraphs (2) to (7), in proceedings under these Regulations, any person stating himself in writing, in records kept by the court for that purpose, to be a creditor of the debtor to which the proceedings relate, is entitled at his own cost, to attend in court or in chambers at any stage of the proceedings.

• (2) Attendance may be by the person himself, or his solicitor.

• (3) A person so entitled may request the court in writing to give him notice of any step in the proceedings; and, subject to his paying the costs involved and keeping the court informed as to his address, the court shall comply with the request.

• (4) If the court is satisfied that the exercise by a person of his rights under this paragraph has given rise to costs for the estate of the debtor which would not otherwise have been incurred and ought not, in the circumstances, to fall on that estate, it may direct that the costs be paid by the person concerned, to an amount specified.

• (5) The rights of that person under this paragraph shall be in abeyance so long as those costs are not paid.

• (6) The court may appoint one or more persons to represent the creditors of the debtor to have the rights conferred by this paragraph, instead of the rights being exercised by any or all of them individually.

• (7) If two or more persons are appointed under sub-paragraph (6) to represent the same interest, they must (if at all) instruct the same solicitor.

Right of attendance for member State liquidator

53

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

Northern Ireland insolvency officeholder’s solicitor

54

Where in any proceedings the attendance of the Northern Ireland insolvency officeholder’s solicitor is required, whether in court or in chambers, the Northern Ireland insolvency officeholder himself need not attend, unless directed by the court.

Formal defects

55

No proceedings under these Regulations shall be invalidated by any formal defect or by any irregularity, unless the court before which objection is made considers that substantial injustice has been caused by the defect or irregularity, and that the injustice cannot be remedied by any order of the court.

Restriction on concurrent proceedings and remedies

56

Where in proceedings under these Regulations the court makes an order staying any action, execution or other legal process against the property of a debtor, service of the order may be effected by sending a sealed copy of the order to whatever is the address for service of the claimant or other party having the carriage of the proceedings to be stayed.

Affidavits

57

• (1) Where in proceedings under these Regulations, an affidavit is made by any Northern Ireland insolvency officeholder acting in relation to the debtor, he shall state the capacity in which he makes it, the position which he holds and the address at which he works.

• (2) Any officer of the court duly authorised in that behalf, may take affidavits and declarations.

Security in court

58

• (1) Subject to sub-paragraph (3), where security has to be given to the court (otherwise than in relation to costs) it shall be given by bond.

• (2) The bond shall be taken in a penal sum, which, except with the consent of the opposite party, shall be not less than the sum for which security is to be given and probable costs.

• (3) A person required to give security may, in lieu thereof, lodge in court a sum equal to the sum for which security is to be given and probable costs together with a memorandum approved by the Master and signed by such person or his solicitor stating the conditions on which the money is deposited.

• (4) Upon the lodgement the Master shall forthwith notify the persons for whose protection the security is given that the money has been lodged in court.

Further information and disclosure

59

• (1) Any party to proceedings under these Regulations may, with the leave of the court, administer interrogatories to, or obtain discovery from any other party to those proceedings.

• (2) Applications under this paragraph may be made without notice being served on any other party.

Office copies of documents

60

• (1) Any person who has under these Regulations the right to inspect the court file of proceedings may require the court to provide him with an office copy of any document from the file.

• (2) A person’s right under this paragraph may be exercised on his behalf by his solicitor.

• (3) An office copy provided by the court under this paragraph shall be in such form as the Master thinks appropriate, and shall bear the court’s seal.

PART 11

COSTS AND DETAILED ASSESSMENT

Requirement to assess costs by the detailed procedure

61

In any proceedings before the court, the court may order costs to be taxed.

PART 12

APPEALS IN PROCEEDINGS UNDER THESE REGULATIONS

Appeals from court orders

62

• (1) An order or decision of the Master in proceedings under these Regulations may be reviewed by an appeal to the Judge and an appeal from the decision of the Judge on such an appeal lies, with the permission of the Court of Appeal, to the Court of Appeal.

• (2) An appeal from the decision of the Judge in proceedings under these Regulations which is not a decision on an appeal made to him under sub-paragraph (1) lies, with the permission of the Judge or the Court of Appeal, to the Court of Appeal.

Procedure on appeals

63

• (1) Order 58, rule 1(2) to (4) of the Supreme Court Rules applies to an appeal to the Judge under paragraph 62(1), with the substitution in paragraph (3) of the words “28 days” for the words “5 days” and the words “7 days” for the words “2 clear days”.

• (2) The following Rules in Order 59 of the Supreme Court Rules shall apply to an appeal to the Court of Appeal under sub-paragraph (1) or sub-paragraph (2) of paragraph 62:—

• Rule 1;

• Rule 3;

• Rule 4 with the insertion in paragraph (b) after the words “Insolvency (Northern Ireland) Order 1989” of “The Cross-Border Insolvency Regulations (Northern Ireland) 2007”;

• Rule 5;

• Rule 6;

• Rule 7;

• Rule 8;

• Rule 9, with exception of paragraph (1)(g);

• Rule 10;

• Rule 12;

• Rule 13;

• Rule 14;

• Rule 15.

PART 13

GENERAL

Notices

64

• (1) All notices required or authorised by or under these Regulations to be given must be in writing, unless it is otherwise provided, or the court allows the notice to be given in some other way.

• (2) Where in proceedings under these Regulations a notice is required to be sent or given by any person, the sending or giving of it may be proved by means of a certificate by that person that he posted the notice, or instructed another person (naming him) to do so.

• (3) A certificate under this paragraph may be endorsed on a copy or specimen of the notice to which it relates.

“Give notice” etc

65

• (1) A reference in these Regulations to giving notice, or to delivering, sending or serving any document, means that the notice or document may be sent by post.

• (2) Subject to paragraph 70, any form of post may be used.

• (3) Personal service of a document is permissible in all cases.

• (4) Notice of the venue fixed for an application may be given by service of the sealed copy of the application under paragraph 33(3).

Notice, etc. to solicitors

66

Where in proceedings under these Regulations a notice or other document is required or authorised to be given to a person, it may, if he has indicated that his solicitor is authorised to accept service on his behalf, be given instead to the solicitor.

Notice to joint Northern Ireland insolvency officeholders

67

Where two or more persons are acting jointly as the Northern Ireland insolvency officeholder in proceedings under Northern Ireland insolvency law, delivery of a document to one of them is to be treated as delivery to them all.

Forms for use in proceedings under these Regulations

68

• (1) The forms contained in Schedule 4 shall be used in, and in connection with, proceedings under these Regulations.

• (2) The forms shall be used with such variations, if any, as the circumstances may require.

Time

69

The provisions of Order 3 of the Supreme Court Rules, except rules 3 and 6, apply as regards computation, extension and abridgement of time in respect of anything required or authorised to be done in respect of these Regulations.

Service by post

70

• (1) For a document to be properly served by post, it must be contained in an envelope addressed to the person on whom service is to be effected, and pre-paid for first class post.

• (2) A document to be served by post may be sent to the last known address of the person to be served.

• (3) Where first class post is used, the document is treated as served on the second business day after the date of posting, unless the contrary is shown.

• (4) The date of posting is presumed, unless the contrary is shown, to be the date shown in the post-mark on the envelope in which the document is contained.

General provisions as to service and notice

71

• (1) Subject to paragraphs 22, 70 and 72 and sub-paragraphs (2) and (3), Order 65 of the Supreme Court Rules applies as regards any matter relating to the service of documents and the giving of notice in proceedings under these Regulations.

• (2) In Order 65, rule 7, the expression “other originating process” does not include any application in insolvency proceedings.

• (3) Order 65, rule 9 does not apply.

Service outside the jurisdiction

72

• (1) Order 11 of the Supreme Court Rules does not apply in proceedings under these Regulations.

• (2) Where for the purposes of proceedings under these Regulations any process or order of the court, or other document, is required to be served on a person who is not in Northern Ireland, the court may order service to be effected within such time, on such person, at such place and in such manner as it thinks fit, and may also require such proof of service as it thinks fit.

• (3) An application under this paragraph shall be supported by an affidavit stating—

• (a) the grounds on which the application is made; and;

• (b) in what place or country the person to be served is, or probably may be found.

False claim of status as creditor

73

• (1) Rule 12.20 (false claim of status as creditor, etc) shall apply with any necessary modifications in any case where a person falsely claims the status of a creditor of a debtor, with the intention of obtaining a sight of documents whether on the court’s file or in the hands of the foreign representative or other person, which he has not under these Regulations any right to inspect.

• (2) Rule 12.22 and Schedule 3 to the Rules shall apply to an offence under Rule 12.20 as applied by sub-paragraph (1) as they apply to an offence under Rule 12.20.

The Gazette

74

• (1) A copy of the Gazette containing any notice required by these Regulations to be gazetted is evidence of any fact stated in the notice.

• (2) In the case of an order of the court notice of which is required by these Regulations to be gazetted, a copy of the Gazette containing the notice may in any proceedings be produced as conclusive evidence that the order was made on the date specified in the notice.

SCHEDULE 3

NOTICES DELIVERED TO THE REGISTRAR

Interpretation

1

• (1) In this Schedule—

• “the 1986 Order” means the Companies (Northern Ireland) Order 1986[^f00044];

• “electronic communication” means the same as in the Electronic Communications Act (Northern Ireland) 2001[^f00045];

• “Model Law notice” means a notice delivered to the registrar under paragraph 26(6) of Schedule 2.

• (2) Expressions defined in the Model Law or Schedule 2, as appropriate, have the same meaning when used in this Schedule.

• (3) References in this Schedule to delivering a notice include sending, forwarding, producing or giving it.

Functions of the registrar

2

• (1) Where a Model Law notice is delivered to the registrar in respect of a relevant company, the registrar shall enter a note in the register relating to that company.

• (2) The note referred to in sub-paragraph (1) shall contain the following particulars, in each case as stated in the notice delivered to the registrar—

• (a) brief details of the court order made;

• (b) the date of the court order; and

• (c) the name and address for service of the person who is the foreign representative in relation to the company.

Delivery to registrar of notices

3

• (1) Electronic communications may be used for the delivery of any Model Law notice, provided that such delivery is in such form and manner as is directed by the registrar.

• (2) Where the Model Law notice is required to be signed, it shall instead be authenticated in such manner as is directed by the registrar.

• (3) If a Model Law notice is delivered to the registrar which does not comply with the requirements of these Regulations, he may serve on the person by whom the notice was delivered (or, if there are two or more such persons, on any of them) a notice (a non-compliance notice) indicating the respect in which the Model Law notices does not comply.

• (4) Where the registrar serves a non-compliance notice, then, unless a replacement Model Law notice—

• (a) is delivered to him within 14 days after the service of the non-compliance notice, and

• (b) complies with the requirements of these Regulations or is not rejected by him for failure to comply with those requirements,

the original Model Law notice shall be deemed not to have been delivered to him.

Enforcement of foreign representative’s duty to give notice to registrar

4

• (1) If a foreign representative, having made default in complying with paragraph 26(6) of Schedule 2 fails to make good the default within 14 days after the service of a notice on the foreign representative requiring him to do so, the court may, on an application made to it by any creditor, member, director or other officer of the debtor or by the registrar, make an order directing the foreign representative to make good the default within such time as may be specified in the order.

• (2) The court’s order may provide that all costs of and incidental to the application shall be borne by the foreign representative.

Rectification of the register under court order

5

• (1) The registrar shall remove from the register any note, or part of a note—

• (a) that relates to or is derived from a court order that the court has declared to be invalid or ineffective, or

• (b) that the court declares to be factually inaccurate or derived from something that is factually inaccurate or forged,

and that the court directs should be removed from the register.

• (2) The court order must specify what is to be removed from the register and indicate where on the register it is and the registrar shall carry out his duty under sub-paragraph (1) within a reasonable time of receipt by him of the relevant court order.

SCHEDULE 4 — Forms

Signed

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 23 February 2007

Michael J Bohill — A senior officer of the — Department of Enterprise, Trade and Investment

I agree to the making of these Regulations

Signed by the authority of the Lord Chancellor

Bridget Prentice — Parliamentary Under Secretary of State, Department for Constitutional Affairs — 2007-02-27

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

On 30th May 1997 the United Nations Commission on International Trade Law (“UNCITRAL”) adopted the text of a model law on cross-border insolvency, which was approved by a resolution of the United Nations General Assembly on 15th December 1997. These Regulations give effect to the model law in Northern Ireland.

Regulation 3 of the Regulations provides that the UNCITRAL model law shall have the force of law in Northern Ireland in the form set out in Schedule 1 to the Regulations (the Model Law) and provides that in interpreting the Model Law the courts can have regard to other documents including the Guide to Enactment of the Model Law published by UNCITRAL (ISBN 92-1-133608-2). The model law and Guide may be accessed at http://www.uncitral.org/uncitral/en/uncitral_texts/insolvency/1997Model.html.

Chapter 1 of the Model Law contains General Provisions (articles 1 to 8). Article 1 sets out the scope of application of the Model Law, which may apply in a number of cross-border situations, and also lists certain bodies to which the Model Law does not apply. Article 3 of the Model Law clarifies that Council Regulation (EC) No. 1346/2000 of 29th May 2000 on Insolvency Proceedings prevails over the Model Law.

Chapter II (articles 9 to 14) relates to the access of foreign representatives and creditors to courts in Northern Ireland and their rights to participate in an insolvency proceeding in Northern Ireland.

Chapter III of the Model Law deals with recognition of foreign proceedings and relief. Articles 15 to 17 set out criteria for determining whether a foreign proceeding is to be recognised and, if so whether as a foreign main proceeding or as a foreign non-main proceeding (see articles 16, 17 and definitions in article 2).

Articles 19 to 21 set out the effects of recognition and the relief available to a foreign representative. The relief accorded upon recognition of a foreign main proceeding is listed in article 20(1). Article 21 of the Model Law provides for the court to grant discretionary relief for the benefit of any recognised foreign proceeding, whether main or non-main. Urgently needed relief may be granted by the court on an interim basis pending a decision on recognition (article 19).

Chapter IV of the Model Law provides for the Northern Ireland courts and Northern Ireland insolvency officeholders to cooperate with foreign courts or foreign representatives in the areas covered by the Model Law (articles 25 to 27).

Chapter V of the Model Law (articles 28 to 32) provides for the coordination of a Northern Ireland insolvency proceeding and a foreign proceeding concerning the same debtor and facilities coordination between two or more foreign proceedings concerning the same debtor.

Schedule 2 to the Regulations sets out procedural matters in relation to proceedings under the Model Law in Northern Ireland. Parts 2 to 5 of the Schedule contain details of the form and content of specified applications under the Model Law and Part 6 sets out more detailed procedural requirements in respect of those applications. Part 7 of Schedule 2 provides for the registration of court orders under the Regulations with the Registry of Deeds, and for applications to be made in appropriate cases to the Registrar of Titles at the Land Registry. Part 8 provides for a summary remedy against foreign representatives guilty of misfeasance. Parts 9 to 12 contain general provision as to court procedure and practice and appeals in connection with proceedings under the Regulations, costs and other general matters.

Schedule 3 makes provision in relation to notices delivered to the registrar of companies under the Regulations.

Schedule 4 contains forms prescribed for use in connection with proceedings under the Regulations.

A full regulatory impact assessment has not been produced for this instrument as it has a negligible impact on the costs of business.

Footnotes

[^f00001]: Formerly the Department of Economic Development; see Article 3(5) of the Departments (Northern Ireland) Order 1999, (S.I.1999/283 (N.I.1))

[^f00002]: S.I. 2002/3152 (N.I.6)

[^f00003]: A United Nations Publication, ISBN 92-1-133608-2.

[^f00004]: S.I. 1989/2405 (N.I.19)

[^f00005]: Article 3 of the Insolvency (Northern Ireland) Order 1989 was amended by Article 6 (1) of the Insolvency (Northern Ireland) Order 2002 (2002/3152 (N.I.6)), S.R. 2002 No.334, S.R. 2003 No.550 and was modified by S.R. 1995 No.225 and S.R. 2004 No.307

[^f00006]: 2000 c.38

[^f00007]: 1986 c.53

[^f00009]: 2000 c.8

[^f00010]: S.I. 2004/353, to which there are amendments not relevant to these Regulations

[^f00011]: 1987 c.53

[^f00012]: Part V of S.I.1990 No.1504 (N.I. 10) was amended by S.R. 1991 No. 443 paragraph 49 of Schedule 5 to the Bank of England Act 1998 (c.11), S.I. 2001/3649, S.I.2001/3929, Schedule 4 to S.I. 2005/1454 (N.I.9), and paragraphs 49, 50, 51 and 52 of Schedule 2 to S.I. 2005/1455 (N.I.10)

[^f00013]: S.I. 1999/2979 as extended to Northern Ireland by S.I. 2006/50; relevant amendments made by S.I. 2000/2952, S.I. 2001/3929, S.I. 2002/765 and S.I. 2003/2096

[^f00014]: S.I. 2003/3226

[^f00015]: 1930 c.19 (N.I.) amended by S.I. 1989/2405 (N.I. 19) and S.R. 2004 No. 307

[^f00016]: 1970 c.18 (N.I.) amended by S.I. 1992/811 (N.I. 7)

[^f00017]: 1970 c.18 (N.I.)

[^f00018]: 1881 c.41

[^f00021]: S.I. 1989/2405 (N.I. 19)

[^f00022]: Article 3 was amended by Article 6 of S.I. 2002/3152 (N.I. 6), and by S.R. 2002 No. 334 and modified by S.R. 1995 No. 225, S.R. 2003 No. 550 and S.R. 2004 No. 307

[^f00023]: 1986 c.45; section 426 was amended by paragraph 16 of Schedule 4 to the Insolvency Act 2000 (c.39)

[^f00024]: Schedule B1 was inserted by Article 3(2) of, and Schedule 1 to, the Insolvency (Northern Ireland) Order 2005, (S.I. 2005/1455 (N.I. 10))

[^f00025]: S.I. 1989/2405 (N.I.19); Articles 202, 206 and 207 were amended by paragraph 18 and by paragraphs 36, 39 and 40 of Schedule 2 to S.I. 2005/1455 (N.I. 10) respectively, and in the case of Article 207, Schedule 9; Articles 312 and 367 were amended by paragraphs 85 and 87 of Schedule 29 to the Civil Partnership Act 2004 (c.33); Article 315A was inserted by Article 15 of S.I. 1999/3147 (N.I. 11)

[^f00026]: Articles 204, 205 and 368 were amended by paragraphs 18, 37, 38 and 44 of Schedule 2 to S.I. 2005/1455 (N.I.10) and in the case of Article 204, Schedule 9; Articles 205 and 315 were amended by sections 3 and 4 of the Insolvency (No.2) Act 1994 (c.12); Articles 315A, 315B and 315C were substituted by Article 15 of S.I. 1999/3147 (N.I.11), and Articles 315D , 315E and 315F were inserted by paragraphs 53 and 54 of Schedule 9 to S.I. 1999/3147 (N.I.11)

[^f00027]: S.I. 1989/2405 (N.I.19)

[^f00028]: S.I. 1986/1032 (N.I.6)

[^f00029]: Article 640A was inserted by S.R. 1993 No. 198

[^f00030]: Article 641(1) was amended by S.R. 2003 No.3

[^f00031]: Article 667 was amended by S.R. 2004 No.335

[^f00032]: Article 653 amended by S.I.1996/1632 (N.I. 11)

[^f00033]: The Insolvency Rules (Northern Ireland) 1991 (S.R. 1991 No.364), as amended by the Insolvency (Amendment) Rules (Northern Ireland) 1994 (S.R. 1994 No.26), the Insolvency (Amendment) Rules (Northern Ireland) 1995 (S.R. 1995 No.291), the Insolvency (Amendment) Rules (Northern Ireland) 2000 (S.R. 2000 No.247), the Insolvency (Amendment) Rules (Northern Ireland) 2002 (S.R. 2002 No.261), the Insolvency (Amendment) Rules (Northern Ireland) 2003 (S.R. 2003 No.549), the Financial Services and Markets Act 2000 (Consequential Amendments) Order 2004 (S.I. 2004/355) and the Insolvency (Amendment) Rules (Northern Ireland) 2006 (S.R. 2006 No.47)

[^f00034]: S.R. 1980 No. 346

[^f00035]: 2000 c.8

[^f00036]: Schedule B1 was inserted into S.I. 1989/2405 (N.I. 19) by Article 3(2) of and Schedule 1 to S.I. 2005/1455 (N.I. 10)

[^f00037]: S.I. 1986/1032 (N.I.6)

[^f00038]: S.R. 1995 No.225, to which there are amendments not relevant to these Regulations

[^f00039]: 1970 c.25 (N.I.)

[^f00040]: 1970 c.18 (N.I.)

[^f00041]: S.I. 1986/1032 (N.I.6)

[^f00042]: 1978 c.23

[^f00043]: S.I. 1986/595 (N.I.4)

[^f00045]: 2001 c.9 (N.I.)

Editorial notes

[^key-e3b6805e112a1cb8c07c697a99531450]: Reg. 1 in operation at 12.4.2007, see reg. 1

[^key-843f2a8959dfe0de149dcd256a8fbd83]: Reg. 2 in operation at 12.4.2007, see reg. 1

[^key-5cb7965d8d2bb08a37c48b222d9f3fa4]: Reg. 3 in operation at 12.4.2007, see reg. 1

[^key-31fe19035ed9ff38d1e2c7b317879208]: Reg. 4 in operation at 12.4.2007, see reg. 1

[^key-50dd5afbf62c2160c86db76e701b4255]: Reg. 5 in operation at 12.4.2007, see reg. 1

[^key-ac50cde630170d68ff611ae0100ecdf6]: Reg. 6 in operation at 12.4.2007, see reg. 1

[^key-02c0f5bbe39128e7a14cd9835e1b3074]: Reg. 7 in operation at 12.4.2007, see reg. 1

[^key-ad76c1439ecffc6db24380bcdf925c17]: Sch. 2 para. 1 in operation at 12.4.2007, see reg. 1

[^key-0f997b1d886a7c08d26fbc638eec37ee]: Sch. 2 para. 2 in operation at 12.4.2007, see reg. 1

[^key-91c3afc5b07169302c4e16ce453b590c]: Sch. 2 para. 3 in operation at 12.4.2007, see reg. 1

[^key-3e0d1be7257861fc19d4513a5adc97ab]: Sch. 2 para. 4 in operation at 12.4.2007, see reg. 1

[^key-a5f676dee477098c9972d2445dbb816f]: Sch. 2 para. 5 in operation at 12.4.2007, see reg. 1

[^key-2bb7cad3c573a60a230ae490f0a6a2c0]: Sch. 2 para. 6 in operation at 12.4.2007, see reg. 1

[^key-508e1e323903c7c39e89abc1bac6726a]: Sch. 2 para. 7 in operation at 12.4.2007, see reg. 1

[^key-6b4d39c28a8a2351c5f9bcf2835e2786]: Sch. 2 para. 8 in operation at 12.4.2007, see reg. 1

[^key-2ab88ff088c155fc9068af7ef510203a]: Sch. 2 para. 9 in operation at 12.4.2007, see reg. 1

[^key-f5beedd2c2f1dccf9684387a645beccc]: Sch. 2 para. 10 in operation at 12.4.2007, see reg. 1

[^key-8674e07e83ae6ab32c970646bcdeca5e]: Sch. 2 para. 11 in operation at 12.4.2007, see reg. 1

[^key-ae6ba395a01163ef19779e1a481b7e72]: Sch. 2 para. 12 in operation at 12.4.2007, see reg. 1

[^key-76024ed4bd2608efd17c71309dc300a7]: Sch. 2 para. 13 in operation at 12.4.2007, see reg. 1

[^key-097643e758552a2a01a3f533df18007f]: Sch. 2 para. 14 in operation at 12.4.2007, see reg. 1

[^key-8db5a70a59051e12310e07b9ee3510f2]: Sch. 2 para. 15 in operation at 12.4.2007, see reg. 1

[^key-210fb5dacbedc082a991d3fd5a1d8219]: Sch. 2 para. 16 in operation at 12.4.2007, see reg. 1

[^key-95389fd36a38c506152d5585b165dd0a]: Sch. 2 para. 17 in operation at 12.4.2007, see reg. 1

[^key-d76d35d94da9db06bb55e440a620a48c]: Sch. 2 para. 18 in operation at 12.4.2007, see reg. 1

[^key-da947b8385619df986cb27fadd63ec0d]: Sch. 2 para. 19 in operation at 12.4.2007, see reg. 1

[^key-65c021df8be9d5b1ebdd80f88a5675c2]: Sch. 2 para. 20 in operation at 12.4.2007, see reg. 1

[^key-7645ead6c303a6b354005c68cccab374]: Sch. 2 para. 21 in operation at 12.4.2007, see reg. 1

[^key-3a8903483768ceff594af720dab9dd03]: Sch. 2 para. 22 in operation at 12.4.2007, see reg. 1

[^key-2aff4593c58b3c634f5fa3f7ed19f7ad]: Sch. 2 para. 23 in operation at 12.4.2007, see reg. 1

[^key-577d37e10f0b5d73f36b2d2fea8e21f8]: Sch. 2 para. 24 in operation at 12.4.2007, see reg. 1

[^key-4351fde01776f65321494b2f68f77ae4]: Sch. 2 para. 25 in operation at 12.4.2007, see reg. 1

[^key-cb3b82fdbd0e575579d7edb97f75e180]: Sch. 2 para. 26 in operation at 12.4.2007, see reg. 1

[^key-2abf9622458bfef8360fe553ea2a4fd5]: Sch. 2 para. 27 in operation at 12.4.2007, see reg. 1

[^key-60f3f0e8d887779829ac1529f909e8b6]: Sch. 2 para. 28 in operation at 12.4.2007, see reg. 1

[^key-f0d19d5123800be7633fde49918373be]: Sch. 2 para. 29 in operation at 12.4.2007, see reg. 1

[^key-8a2d3d7a47bee9ef900a37466043aff4]: Sch. 2 para. 30 in operation at 12.4.2007, see reg. 1

[^key-4764342e0bade617f8779147bddf0c33]: Sch. 2 para. 31 in operation at 12.4.2007, see reg. 1

[^key-eeccccd7cb50dd20983797522d187fc2]: Sch. 2 para. 32 in operation at 12.4.2007, see reg. 1

[^key-0f553c6181aa1dfc26b0d53b11dacd85]: Sch. 2 para. 33 in operation at 12.4.2007, see reg. 1

[^key-c35745b6bb38a0614c0a304d4a8be25f]: Sch. 2 para. 34 in operation at 12.4.2007, see reg. 1

[^key-7cfb67e6112da3290d2f64bcd0863cee]: Sch. 2 para. 35 in operation at 12.4.2007, see reg. 1

[^key-6d1e030b14715e520b86a0f4d7a7cf46]: Sch. 2 para. 36 in operation at 12.4.2007, see reg. 1

[^key-bde3b191e1ceb965b3320648567c1ac4]: Sch. 2 para. 37 in operation at 12.4.2007, see reg. 1

[^key-edc1e76bd072915982d9bb033278214c]: Sch. 2 para. 38 in operation at 12.4.2007, see reg. 1

[^key-fbbda0e821f19b1b77ed6216245684aa]: Sch. 2 para. 39 in operation at 12.4.2007, see reg. 1

[^key-0e1ceb6a0f560410172f6495c664d980]: Sch. 2 para. 40 in operation at 12.4.2007, see reg. 1

[^key-76cd9e7cee3e411cf61c1d3204a5b446]: Sch. 2 para. 41 in operation at 12.4.2007, see reg. 1

[^key-8369780d8184baefe3622d9563767c6a]: Sch. 2 para. 42 in operation at 12.4.2007, see reg. 1

[^key-09dd644877c9c1ca28ed3bc1eb58d9cc]: Sch. 2 para. 43 in operation at 12.4.2007, see reg. 1

[^key-1b401691fd9421dac3be5ed1481c8959]: Sch. 2 para. 44 in operation at 12.4.2007, see reg. 1

[^key-2aaa40f7828e3d563b143bbdec53b586]: Sch. 2 para. 45 in operation at 12.4.2007, see reg. 1

[^key-5ca15077f9a74b9969b95709d12bf084]: Sch. 2 para. 46 in operation at 12.4.2007, see reg. 1

[^key-9cdfc5e3bb7aff6c3aed1c8b638f2cd1]: Sch. 2 para. 47 in operation at 12.4.2007, see reg. 1

[^key-901c2933514fc4272fad1a6715d00910]: Sch. 2 para. 48 in operation at 12.4.2007, see reg. 1

[^key-2d03b56b3ae5b4741bd3887a89fdae0e]: Sch. 2 para. 49 in operation at 12.4.2007, see reg. 1

[^key-b2227b6e8e37f018942703dd681d6dec]: Sch. 2 para. 50 in operation at 12.4.2007, see reg. 1

[^key-41187c05ab045c9a7604e4e291aa3643]: Sch. 2 para. 51 in operation at 12.4.2007, see reg. 1

[^key-7439942bb06c51cd16c4ae2a37128d47]: Sch. 2 para. 52 in operation at 12.4.2007, see reg. 1

[^key-1771c3148a9db988dd29cbe51e46c047]: Sch. 2 para. 54 in operation at 12.4.2007, see reg. 1

[^key-d4171eef08047e97224da9dc295af80f]: Sch. 2 para. 55 in operation at 12.4.2007, see reg. 1

[^key-f2aa96584592718d7e564c5064580a30]: Sch. 2 para. 56 in operation at 12.4.2007, see reg. 1

[^key-b5329970ca16de025eab7220b11300a0]: Sch. 2 para. 57 in operation at 12.4.2007, see reg. 1

[^key-1179d3abd859f98151d1e6861bc75784]: Sch. 2 para. 58 in operation at 12.4.2007, see reg. 1

[^key-2e838d5d5b4e84a631059f039dd2f340]: Sch. 2 para. 59 in operation at 12.4.2007, see reg. 1

[^key-ed3b81c60cc913134e0e9480c9e6383d]: Sch. 2 para. 60 in operation at 12.4.2007, see reg. 1

[^key-8d50421e986117bc79ce1a0682086c6b]: Sch. 2 para. 61 in operation at 12.4.2007, see reg. 1

[^key-fad4d45c713f0c6664989bf69bbae2e1]: Sch. 2 para. 62 in operation at 12.4.2007, see reg. 1

[^key-5ea56f266baa7641ee7f4da34557fc5c]: Sch. 2 para. 63 in operation at 12.4.2007, see reg. 1

[^key-9db491c34ea1e05c0e5f4b658ff57ea7]: Sch. 2 para. 64 in operation at 12.4.2007, see reg. 1

[^key-f5015578e984542dfc5670a881cf30c5]: Sch. 2 para. 65 in operation at 12.4.2007, see reg. 1

[^key-fe09540e13b5e5d612f79108e5c093bd]: Sch. 2 para. 66 in operation at 12.4.2007, see reg. 1

[^key-110020aab82f62fb6c9f5bb61b924082]: Sch. 2 para. 67 in operation at 12.4.2007, see reg. 1

[^key-17bd379b4bb2dcb52139b0a5ac33e42a]: Sch. 2 para. 68 in operation at 12.4.2007, see reg. 1

[^key-c9c4432f727a9269ecdd9a25f2f2c758]: Sch. 2 para. 69 in operation at 12.4.2007, see reg. 1

[^key-512a27e36776b2dd1ed3dabb0d7c9fc8]: Sch. 2 para. 70 in operation at 12.4.2007, see reg. 1

[^key-f6a56402bd7745cfe4d4837e2e7abc91]: Sch. 2 para. 71 in operation at 12.4.2007, see reg. 1

[^key-27b27251a48351e4c335a67669daf4b1]: Sch. 2 para. 72 in operation at 12.4.2007, see reg. 1

[^key-a11486f706d2c838d2ed798c1b20256b]: Sch. 2 para. 73 in operation at 12.4.2007, see reg. 1

[^key-a16cac42ae5d0eaea589bd6ed3fe395e]: Sch. 2 para. 74 in operation at 12.4.2007, see reg. 1

[^key-27e768df21b68a610a22c5070573b8f2]: Sch. 3 para. 1 in operation at 12.4.2007, see reg. 1

[^key-fc26c401c0262fc3548d1c2110d4e84f]: Sch. 3 para. 2 in operation at 12.4.2007, see reg. 1

[^key-10a4097f829fef49901fe41b001826d0]: Sch. 3 para. 3 in operation at 12.4.2007, see reg. 1

[^key-4f444a9fae46a2db9839a6cbfb6ab211]: Sch. 3 para. 4 in operation at 12.4.2007, see reg. 1

[^key-d7cfd6cb2ae55c5717e10a49cd179727]: Sch. 3 para. 5 in operation at 12.4.2007, see reg. 1

[^key-25b3c68d97975193ff61f909320d7d7e]: Sch. 4 in operation at 12.4.2007, see reg. 1

[^key-2499b204a3939b63c5c3d600c5bac99c]: Sch. 1 in operation at 12.4.2007, see reg. 1

[^key-ba89e203d62ea3a9e935997faf9c3148]: Sch. 1 art. 2(b) substituted (26.6.2017) by The Insolvency Amendment (EU 2015/848) Regulations 2017 (S.I. 2017/702), reg. 1, Sch. para. 144(2) (with reg. 3)

[^key-bfc367c0f92093e69762c9f0485796bb]: Words in Sch. 1 art. 2(b) inserted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 239(a) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a41dbaa8ac37fa899e950f3866b8f363]: Words in Sch. 1 art. 1(3)(b) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 238 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-fdec224fcef8e5127e518b701a513e75]: Words in Sch. 1 art. 2(k) inserted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 239(b)(i) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-f933c0c0503b9078b046c3c8dae18903]: Words in Sch. 1 art. 2(k) inserted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 239(b)(ii) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-96d315f6d834c0b3a62cb44569ba1598]: Sch. 1 art. 3 omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 240 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-fc92c0a33cc972f08aebbc1dd7c925c7]: Sch. 1 art. 16(2A) inserted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 241(a) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a6039ed19ac7907e419ef3f64513ed88]: Sch. 1 art. 16(3) substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 241(b) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-9e7c7cfa9422be6698fdcf266407516b]: Words in Sch. 2 para. 1(1) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 243 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-02e6d0ac8b2cd11fc4680c9cb49ccb6a]: Sch. 2 para. 4(2) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 244 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-920913e7fb633f89f40398b7579e89dc]: Sch. 2 para. 6(2)(b)and work omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 245 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-337e3c2a8d45ac71133f5c9ca9b54351]: Sch. 2 para. 21(2)(e) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 246 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d5bf08728535726b6f13b7125094781e]: Sch. 2 para. 25(1)(e) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 247 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3b01ffb71dcfefea8f7e2505d6e850ef]: Sch. 2 para. 26(3)(c) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 248 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e52bc3d5b815ee2b983d7d760842b1ba]: Sch. 2 para. 44(1)(f) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 249 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c057026c45323bf398a101c3b7767085]: Sch. 2 para. 53 omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 250 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-1077257ba7a89153a08ddc5e699c7ecc]: Words in Sch. 4 Form ML6 omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 252 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

2A

Where the EU Insolvency Regulation applies the centre of the debtor's main interests is to be determined in accordance with that Regulation.