The Collective Investment in Transferable Securities (Contractual Scheme) Regulations 2013

Rule	Subject	Modification
Part 4 (winding up by the court)	Part 4 (winding up by the court)	Part 4 (winding up by the court)
Chapter 1 (provisional liquidator)	Chapter 1 (provisional liquidator)	Chapter 1 (provisional liquidator)
4.1	Appointment of provisional liquidator	Paragraph (1) is to be read as if the words “or by the company itself,” were omitted.
4.3	Caution	Paragraph (a) is to be read as if the words “against the company” were omitted.
Chapter 3 (information)	Chapter 3 (information)	Chapter 3 (information)
4.10	Information to creditors and contributories	This Rule is to be read as if paragraph (1A) were omitted.
Chapter 4 (meeting of creditors and contributories)	Chapter 4 (meeting of creditors and contributories)	Chapter 4 (meeting of creditors and contributories)
4.12	First meetings in the liquidation	This Rule is to be read as if— in paragraph (1) for the words from “under section 138(3)” to “as the case may be,” there were substituted “the interim liquidator summons”; for paragraphs (2) and (2A) there were substituted— 2 That meeting is to be known as “the first meeting of creditors” and must be summoned for a date not later than 42 days after the date of the winding-up order or such longer period as the court may allow. ; and paragraph (4) were omitted.
4.14	Attendance at meetings of company’s personnel	This Rule is to be read as if paragraph (3) were omitted. A reference to the company’s personnel is to be read as a reference to— the operator and the depositary; and the directors and employees of the operator and the depositary.
Chapter 5 (claims in liquidation)	Chapter 5 (claims in liquidation)	Chapter 5 (claims in liquidation)
4.16	Application of the Bankruptcy (Scotland) Act 1985	This Rule is to be read, in relation to section 49 of the Bankruptcy (Scotland) Act 1985, as if it included a modification of subsection (6A) having the effect that the operator may appeal if, and only if, it satisfies the sheriff that the participants have, or are likely to have, a pecuniary interest in the outcome of the appeal. In paragraph (2) the expression in column 2 of the table which is substituted for a reference to the expression “Debtor” in column 1 of the table is to be read, in relation to sections 22(5) and 44(2) of the Bankruptcy (Scotland) Act 1985, as a reference to— the operator; or a director or employee of the operator.
4.17	Claims in foreign currency	In paragraph (1) each reference to the company is to be read as a reference to the operator.
Chapter 6 (the liquidator)	Chapter 6 (the liquidator)	Chapter 6 (the liquidator)
4.18	Appointment of liquidator by the court	Paragraph (1) is to be read as if the words from “, 139(4)” to the end were omitted.
4.19	Appointment by creditors or contributories	Paragraph (2) is to be read as if the words “Subject to section 139(4)” were omitted.
4.22	Taking possession and realisation of the company’s assets	In paragraph (1)(a) the reference to any property, books, papers or records to which the company appears to be entitled is to be read as a reference to any property that appears to be property subject to the relevant scheme, and to any books, papers or records that appear to affect or relate to that property or to the affairs of the relevant scheme. In paragraph (4) the reference to any title deed or other document or record of the company is to be read as a reference to any title deed or other document or record that affects or relates to the property subject to the relevant scheme or to the affairs of the relevant scheme.
4.28	Resignation of liquidator	Paragraph (2) is to be read as if the words from “and a statement” to the end were omitted.
4.31	Final meeting	Paragraph (2) is to be read as if the words from “and a statement” to the end were omitted.
4.38	Power of court to set aside certain transactions	Paragraph (1) is to be read as if the court’s power to order the liquidator to compensate the company for loss suffered in consequence of a transaction which is set aside included power to order the liquidator, by way of compensation for loss suffered in consequence of such a transaction, to contribute any sum to the property subject to the relevant scheme.
Chapter 7 (the liquidation committee)	Chapter 7 (the liquidation committee)	Chapter 7 (the liquidation committee)
4.41	Membership of committee	Paragraph (1) is to be read as if the words “Subject to Rule 4.43 below,” were omitted.
4.43	Committee established by contributories	This Rule does not apply.
4.59	Composition of committee when creditors paid in full	This Rule is to be read as if— at the end of paragraph (3) there were inserted “and the committee is abolished”; and paragraphs (4) to (7) were omitted.
Chapter 9 (distribution of company’s assets by liquidator)	Chapter 9 (distribution of company’s assets by liquidator)	Chapter 9 (distribution of company’s assets by liquidator)
4.66	Order of priority in distribution	Paragraph (4) is to be read as if the words “Subject to the provisions of section 175,” were omitted. In paragraph (5) the reference to the members is to be read as a reference to the participants.
4.67	Order of priority of expenses of liquidation	In paragraph (3)— the reference to proceedings by or against the company is to be read as a reference to proceedings brought by or against the operator for the resolution of any matter relating to the relevant scheme; and the reference to the power of any court to order expenses to be paid by the company is to be read as a reference to the power of any court to order expenses to be paid out of the property subject to the relevant scheme.
4.68	Application of the Bankruptcy (Scotland) Act 1985 (procedure after end of accounting period)	This Rule is to be read, in relation to section 53 of the Bankruptcy (Scotland) Act 1985, as if it included a modification of subsection (6A) having the effect that the operator may appeal if, and only if, it satisfies the Accountant in Bankruptcy[^f00084] or, as the case may be, the sheriff that the participants have, or are likely to have, a pecuniary interest in the outcome of the appeal.
Chapter 10 (special manager)	Chapter 10 (special manager)	Chapter 10 (special manager)
4.69 to 4.73	Special manager	These Rules do not apply.
Chapter 11 (public examination of company officers and others)	Chapter 11 (public examination of company officers and others)	Chapter 11 (public examination of company officers and others)
4.75	Order on request by creditors or contributories	In paragraph (2) the reference to the proposed examinee’s relationship to the company is to be read as a reference to that person’s interest in the relevant scheme or dealings with the operator.
Chapters 13, 14 and 15	Chapters 13, 14 and 15	Chapters 13, 14 and 15
4.78 to 4.82	Company with prohibited name	These Rules do not apply.
4.83 and 4.84	EC Regulation	These Rules do not apply.
Part 7 (provisions of general application)	Part 7 (provisions of general application)	Part 7 (provisions of general application)
Chapter 2 (proxies and company representation)	Chapter 2 (proxies and company representation)	Chapter 2 (proxies and company representation)
7.18	Right of inspection	In paragraph (3) the right of inspection exercisable in the case of an insolvent company by its directors is exercisable in the case of the relevant scheme by the operator or the depositary.
Chapter 3 (miscellaneous)	Chapter 3 (miscellaneous)	Chapter 3 (miscellaneous)
7.21A and 7.21B	Contents of notices	Instead of the particulars in paragraph (3) of each of these Rules all notices published must specify the name of the relevant scheme and the name and registered office (or principal place of business) of the operator and of the depositary.
7.26	Right to list of creditors and copy documents	In paragraph (2A)[^f00085] the first reference to a member is to be read as a reference to a participant.
7.27	Confidentiality of documents	In paragraph (1)(b) the reference, in relation to the winding up of a company, to the company’s members is to be read, in relation to the winding up of a relevant scheme, as a reference to— the operator or depositary of the relevant scheme; or the participants in it.
7.30	Forms for use in insolvency proceedings	Any form prescribed for use by this Rule which is used in proceedings for winding up a relevant scheme is to be read with the modifications set out in this Schedule (so far as applicable for the form concerned). The reference to the use of a form with such variations as circumstances require includes a reference to its use with such variations as are necessary to take account of applicable modifications.
7.32	Power of court to cure defects in procedure	The table in paragraph (2) is to be read as if the entry for the expression “Debtor” were omitted. In the entry for the expression “Permanent trustee” the reference to “Responsible insolvency practitioner” is to be read as a reference to the responsible insolvency practitioner in proceedings for winding up the relevant scheme.
7.33	Sederunt book	Paragraph (7) is to be read as if for sub-paragraph (d) there were substituted— d in the case of a winding up, the date on which the liquidator vacates office under section 172(8) or the date of a certificate of release issued by the Accountant of Court .
7.34	Disposal of company’s books, papers and other records	In paragraphs (1), (2) and (3) a reference to the company’s books, papers and records is to be read as a reference to all books, papers and other records affecting or relating to the affairs of, or the property subject to, the relevant scheme. In paragraph (3) the reference to the date which is 12 months after the dissolution of the company shall be read as a reference to the date which is 12 months after the date of a notice given by the liquidator in compliance with Rule 4.31(4) which states that the liquidator has been released.
7.36	Information about time spent on a case	In paragraph (2)(b) the reference, in relation to a company, to any director is to be read, in relation to a relevant scheme, as a reference to the operator or depositary of the relevant scheme.

SCHEDULE 5 — Co-ownership schemes: application of the Insolvency Rules (Northern Ireland) 1991

PART 1 — Application of Rules with modifications

1

In relation to the winding up of a relevant scheme under the 1989 Order, Rules 0.1 to 0.7 (introductory provisions), Parts 4 and 7 to 12 of the Insolvency Rules (Northern Ireland) 1991 , in so far as they apply to the winding up of an unregistered company, apply with—

• (a) the general modifications set out in paragraphs 2 and 3;

• (b) any other modification specified in the Table in Part 2 of this Schedule; and

• (c) any other necessary modification.

2

Unless the context otherwise requires and subject to any modification specified in the Table in Part 2 of this Schedule which has a contrary effect, the general modifications are the modifications made in sub-paragraphs (a) to (h) of paragraph 2 of Schedule 3 (read as if set out in this paragraph), except that sub-paragraph (c) is to be read as if for “section 222(1)(a)” there were substituted “ Article 186(1) ”.

3

A reference to the registrar is to be read as a reference to the FCA.

PART 2 — Table of specific modifications of the Insolvency Rules (Northern Ireland) 1991

Rule	Subject	Modification
Part 4 (companies winding up)	Part 4 (companies winding up)	Part 4 (companies winding up)
Chapter 1 (the scheme of Part 4)	Chapter 1 (the scheme of Part 4)	Chapter 1 (the scheme of Part 4)
4.002	Winding up by the court: the various forms of petition	Paragraph (2) is to be read as if— the reference to the company included a reference to the operator of a relevant scheme; and the words “the directors,” and “the official receiver,” were omitted.
Chapter 2 (the statutory demand)	Chapter 2 (the statutory demand)	Chapter 2 (the statutory demand)
4.004	Preliminary	In paragraph (2) the reference to a company is to be read as a reference to the operator of a relevant scheme.
4.005	Form and content of statutory demand	In paragraph (2)(a) the reference to the company’s liability is to be read as a reference to the liability of the relevant scheme in relation to which the statutory demand has been served.
4.006	Information to be given in statutory demand	In paragraph (1)(c) the reference to the company is to be read as a reference to the operator of the relevant scheme in relation to which the statutory demand has been served.
Chapter 3 (petition to winding-up order)	Chapter 3 (petition to winding-up order)	Chapter 3 (petition to winding-up order)
4.007	Presentation and filing of petition	Paragraph (3) is to be read as if the words “If the petitioner is other than the company itself,” were omitted.
4.008	Service of petition	This Rule is to be read as if paragraph (2) required the petition is to be served at the registered office or principal place of business of the operator and of the depositary. Paragraphs (3) to (5) apply in relation to the operator and in relation to the depositary as they apply in relation to a company on which a petition is served.
4.010	Other persons to receive copies of petition	This Rule is to be read as if there were substituted for paragraphs (1) to (5)— 1 The petitioner must send a copy of the petition to the FCA. .
4.011	Notice and advertisement of petition	The advertisement must state (instead of the particulars in paragraph (5)(a)) the name of the relevant scheme, the name and registered office (or principal place of business) of the operator and of the depositary and, if service of the petition was effected overseas, the address at which it was effected.
4.013	Persons entitled to copy of petition	This Rule is to be read as if the word “director,” were omitted.
4.015	Dismissal or withdrawal of petition	In paragraph (1)(c) the reference to the company is to be read as a reference to the operator and the depositary.
4.018	Affidavit by company in opposition	In this Rule— each reference to the company is to be read as a reference to the operator; and paragraph (1) is to be read as if it required the operator to file an affidavit only with the depositary’s consent.
Chapter 4 (petition by contributories)	Chapter 4 (petition by contributories)	Chapter 4 (petition by contributories)
4.024 to 4.026	Petition by contributories	These Rules do not apply.
Chapter 5 (provisional liquidator)	Chapter 5 (provisional liquidator)	Chapter 5 (provisional liquidator)
4.027	Appointment of provisional liquidator	Paragraph (1) is to be read as if it provided that an application for the appointment of a provisional liquidator may be made by the operator, the depositary, the FCA or a creditor.
4.031	Security	In paragraph (2)(a) the reference to the making of an order on the company is to be read as a reference to the making of an order on the operator and the depositary.
Chapter 6 (Statement of affairs and other information)	Chapter 6 (Statement of affairs and other information)	Chapter 6 (Statement of affairs and other information)
4.043	Submission of accounts	A reference to the accounts of the company is to be read as a reference to the accounts relating to the affairs of the relevant scheme.
Chapter 7 (information to creditors and contributories)	Chapter 7 (information to creditors and contributories)	Chapter 7 (information to creditors and contributories)
4.047	Reports by official receiver	This Rule is to be read as if paragraphs (1A) and (1B) were omitted.
4.052	Winding up stayed	In paragraph (2) the reference to the company is to be read as a reference to the operator.
Chapter 8 (meetings of creditors and contributories)	Chapter 8 (meetings of creditors and contributories)	Chapter 8 (meetings of creditors and contributories)
4.065	Attendance at meetings of company’s personnel	A reference to the company’s personnel is to be read as a reference to— the operator and the depositary; and the directors and employees of the operator and the depositary.
Chapter 9 (proof of debts in a liquidation)	Chapter 9 (proof of debts in a liquidation)	Chapter 9 (proof of debts in a liquidation)
4.085	Liquidator to allow inspection of proofs	The reference to any contributory of the company is to be read as a reference to the operator or the depositary.
4.089	Appeal against decision on proof	In paragraph (3) the reference to a contributory is to be read as a reference to the operator or the depositary.
4.096	Mutual credits and set-off	A reference to mutual credits, mutual debts or other mutual dealings between the company and any creditor is to be read as a reference to mutual credits etc. between the operator on behalf of the participants and a creditor, and a reference to any obligation to or from the company, or any sum due or owed to, or due from, the company is to be read accordingly.
Chapter 10 (secured creditors)	Chapter 10 (secured creditors)	Chapter 10 (secured creditors)
4.104	Test of security’s value	In paragraph (2) the reference to the liquidator on behalf of the company is to be read as a reference to the liquidator acting in the best interests of the relevant scheme.
Chapter 11 (the liquidator)	Chapter 11 (the liquidator)	Chapter 11 (the liquidator)
4.131	Release of official receiver	This Rule is to be read as if paragraph (2A) were omitted.
4.132	Final meeting	This Rule is to be read as if paragraph (2A) were omitted.
4.135	Other matters affecting remuneration	Paragraph (3) is to be read as if for the words “act on behalf of the company” there were substituted “act in the liquidation”.
4.145	Liquidator’s duties on vacating office	A reference to the company’s books, papers and other records is to be read as a reference to all books, papers and other records affecting or relating to the affairs of, or the property subject to, the relevant scheme.
4.157	Power of court to set aside certain transactions	Paragraph (1) is to be read as if the court’s power to order the liquidator to compensate the company for loss suffered in consequence of a transaction which is set aside included power to order the liquidator, by way of compensation for loss suffered in consequence of such a transaction, to contribute any sum to the property subject to the relevant scheme.
Chapter 12 (the liquidation committee)	Chapter 12 (the liquidation committee)	Chapter 12 (the liquidation committee)
4.160	Membership of committee	Paragraph (1) is to be read as if the words “Subject to Rule 4.162,” were omitted.
4.162	Committee established by contributories	This Rule does not apply.
4.179	Composition of committee when creditors paid in full	This Rule is to be read as if— at the end of paragraph (4) there were inserted “and the committee is abolished”; and paragraphs (5) to (9) were omitted.
Chapter 14 (collection and distribution of company’s assets by liquidator	Chapter 14 (collection and distribution of company’s assets by liquidator	Chapter 14 (collection and distribution of company’s assets by liquidator
4.190	Debts of insolvent company to rank equally	This Rule is to be read as if the references to preferential debts were omitted.
Chapter 15 (disclaimer)	Chapter 15 (disclaimer)	Chapter 15 (disclaimer)
4.198	Communication of disclaimer to persons interested	In paragraph (2) the reference to a person who claims under the company as underlessee or mortgagee is to be read as a reference to a person claiming as underlessee or mortgagee under the leasehold title which is held by the depositary (or a person nominated by the depositary to hold the leasehold title).
Chapters 16, 17 and 18	Chapters 16, 17 and 18	Chapters 16, 17 and 18
4.205 to 4.211	Settlement of list of contributories	These Rules do not apply.
4.212 to 4.215	Calls	These Rules do not apply.
4.216 to 4.220	Special manager	These Rules do not apply.
Chapter 19 (public examination of company officers and others)	Chapter 19 (public examination of company officers and others)	Chapter 19 (public examination of company officers and others)
4.223	Order on request by creditors or contributories	In paragraph (3) the reference to the relationship which the proposed examinee has, or has had, to the company is to be read as a reference to that person’s interest in the relevant scheme or dealings with the operator.
Chapter 20 (order of payment of costs out of assets)	Chapter 20 (order of payment of costs out of assets)	Chapter 20 (order of payment of costs out of assets)
4.228	General rule as to priority	Paragraph (2) is to be read as if sub-paragraph (b) were omitted. Paragraph (3) is to be read as if the words “Subject as provided in Rules 4.228A to 4.228E,” were omitted. In paragraphs (2) and (3) a reference to any legal action or proceedings or any arbitration or other dispute resolution procedure which the liquidator has power to bring or defend in the name of the company is to be read as a reference to such action, proceedings or procedure which the liquidator has power to bring or defend on behalf of the participants.
4.228A to 4.228E	Litigation expenses and property subject to a floating charge	These Rules do not apply.
4.230	Saving for powers of the court	In paragraph (2)— the reference to proceedings by or against the company is to be read as a reference to proceedings brought by or against the operator for the resolution of any matter relating to the relevant scheme; and the reference to the power of any court to order costs to be paid by the company is to be read as a reference to the power of any court to order costs to be paid out of the property subject to the relevant scheme.
Chapter 21 (miscellaneous rules)	Chapter 21 (miscellaneous rules)	Chapter 21 (miscellaneous rules)
4.231 and 4.232	Order authorising a return of capital	These Rules do not apply.
4.233	Statement to registrar under Article 162	This Rule is to be read as if paragraph (2) were omitted.
4.234 and 4.235	Dissolution after winding up	These Rules do not apply.
Chapters 22 and 23	Chapters 22 and 23	Chapters 22 and 23
4.236 to 4.240	Leave to act as director, etc., of company with prohibited name	These Rules do not apply.
4.241	EC Regulation – member state liquidator	This Rule does not apply.
Part 7 (court procedure and practice)	Part 7 (court procedure and practice)	Part 7 (court procedure and practice)
7.05	Preliminary	The reference to a petition for a winding-up order under Part V is to be read as a reference to a petition presented under regulation 17(9).
7.27	Right to inspect the file	In paragraph (2)(a)— the reference to a director or officer of the company is to be read as a reference to the operator and the depositary; and the reference to a member of the company is to be read as a reference to a participant.
7.37	Costs and expenses of witnesses	In paragraph (1) the reference to an officer of the insolvent company is to be read as a reference to— the operator or any person who is employed by the operator; or the depositary or any person who is employed by the depositary.
7.51	Restriction on concurrent proceedings and remedies	The reference to the property of a company is to be read as a reference to the property subject to a relevant scheme.
Part 8 (proxies and company representation)	Part 8 (proxies and company representation)	Part 8 (proxies and company representation)
8.5	Right of inspection	In paragraph (3) the right of inspection exercisable in the case of an insolvent company by its directors is exercisable in the case of the relevant scheme by the operator or the depositary.
Part 12 (miscellaneous and general)	Part 12 (miscellaneous and general)	Part 12 (miscellaneous and general)
12.08	Forms for use in insolvency proceedings	Any form prescribed for use by this Rule which is used in proceedings for winding up a relevant scheme is to be read with the modifications set out in this Schedule (so far as applicable for the form concerned). This Rule is to be read, in relation to such a form, as subject to a requirement to vary the form as necessary to take account of applicable modifications.
12.17	Charge for copy documents	The first reference to a member is to be read as a reference to a participant.
12.20	False claim of status as creditor, etc.	In paragraph (1)— each reference to the Rules is to be read as a reference to the Rules as modified by this Schedule; and the reference to the members of a company is to be read, in relation to the winding up of a relevant scheme, as a reference to— the operator or depositary of the relevant scheme; or the participants in it.

Signed

Desmond Swayne — Anne Milton — Two of the Lords Commissioners of Her Majesty's Treasury — 2013-06-05

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: S.I. 2012/1759.

[^f00002]: 1972 c. 68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a), and by the European Union (Amendment) Act 2008 (c. 7), section 3 and the Schedule, Part 1.

[^f00003]: 1986 c. 45.

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

[^f00005]: Section 261M is inserted by regulation 3(12) of these Regulations.

[^f00006]: Section 237 was amended by S.I. 2011/1613 and by the Financial Services Act 2012 (c. 21), Schedule 18, paragraph 9(1) and (2)(a). This definition is inserted by regulation 3(6) of these Regulations.

[^f00007]: 2000 c. 8.

[^f00008]: The definition of “the operator” in section 237(2) is amended by regulation 3(6)(b) of these Regulations.

[^f00009]: Section 235A is inserted by regulation 3(5) of these Regulations.

[^f00010]: Subsections (5) to (8) of section 237 are inserted by regulation 3(6)(d) of these Regulations.

[^f00011]: Section 90ZA was inserted by S.I. 2011/1613.

[^f00012]: Section 133 was substituted by S.I. 2010/22. Subsection (7A) was inserted by section 23(2)(c) of the Financial Services Act 2012.

[^f00013]: Section 138A was substituted by section 24(1) of the Financial Services Act 2012.

[^f00014]: 1907 c.24.

[^f00015]: Section 237 was amended by S.I. 2011/1613 and by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(a).

[^f00016]: Section 238 was amended by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(a).

[^f00017]: Section 249 was amended by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(b) and paragraph 10.

[^f00018]: Section 258A was inserted by S.I. 2011/1613 and amended by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(c).

[^f00019]: Section 259 was amended by S.I. 2011/1613 and by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(c).

[^f00020]: Section 261B was inserted by S.I. 2011/1613 and amended by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(c).

[^f00021]: Section 247 was amended by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(b).

[^f00022]: Section 248 was amended by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(b).

[^f00023]: Sections 345B to 345E were substituted by the Financial Services Act 2012, Schedule 13, paragraph 7.

[^f00024]: Sections 138A and 138B were substituted by section 24(1) of the Financial Services Act 2012.

[^f00025]: Section 421ZA was inserted by section 48(2) of the Financial Services Act 2012.

[^f00026]: S.I. 2011/1613.

[^f00027]: Section 283A was inserted by S.I. 2011/1613 and amended by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(f).

[^f00028]: Section 138D was substituted by section 24(1) of the Financial Services Act 2012.

[^f00029]: Section 257 was amended by the Financial Services Act 2012, Schedule 18, paragraphs 9(1) and (2)(c) and 12.

[^f00030]: Sections 258 was amended by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(c).

[^f00031]: Section 270 was amended by the Financial Services Act 2012, Schedule 18, paragraph 16.

[^f00032]: Section 272 was amended by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(f).

[^f00033]: Section 283A was inserted by S.I. 2011/1613 and amended by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(f).

[^f00034]: Section 347 was amended by the Financial Services Act 2012, Schedule 12, paragraph 16. There are other amendments not relevant to these Regulations.

[^f00035]: Section 351A was inserted by S.I. 2011/1613 and amended by the Financial Services Act 2012, Schedule 12, paragraph 22.

[^f00036]: Subsection (1ZB) was substituted by the Financial Services Act 2012, Schedule 9, paragraph 30(2).

[^f00037]: Section 392 was amended by the Financial Services Act 2012, Schedule 13, paragraph 8. There are other amendments not relevant to these Regulations.

[^f00038]: Section 395 was amended by the Financial Services Act 2012, Schedule 9, paragraph 34. There are other amendments not relevant to these Regulations.

[^f00039]: Schedule 1ZA was substituted by the Financial Services Act 2012, section 6(2) and Schedule 3.

[^f00040]: 1963 c. 18.

[^f00041]: Subsection (4)(e) was substituted by the Financial Services Act 1986 (c. 60), Schedule 16, paragraph 4(a), and amended by S.I. 2001/3649.

[^f00042]: 2010 c. 4.

[^f00043]: 2012 c.21.

[^f00044]: S.I. 1975/1023. Relevant amendments are noted separately. This Order was revoked in relation to Scotland by S.S.I. 2003/231.

[^f00045]: Paragraph 1 was substituted by S.I. 1986/2268 and amended by S.I. 2001/3816, 2008/3259 and 2013/472.

[^f00046]: The definition of “the operator” in section 237(2) is amended by regulation 3(6)(b) of these Regulations.

[^f00047]: Paragraph (g) was inserted by S.I. 2001/3816 and amended by S.I. 2007/2149 and 2013/472 (which substituted the table).

[^f00048]: Article 4 was amended by S.I. 2001/3816 (which substituted paragraph (d)) and 2008/3259.

[^f00049]: S.R. 1979 No. 195. Relevant amendments are noted separately.

[^f00050]: Paragraph (2) was amended by S.R. 2001 No. 400 and 2009 No. 303 and S.I. 2013/472.

[^f00051]: Paragraph (e) was inserted (as paragraph (g)) by S.R. 2001 No. 400 and amended by S.R. 2003 No. 355 and 2012 No. 318 and S.I. 2013/472 (which substituted the table).

[^f00052]: Paragraph (d) was substituted by S.R. 2001 No. 400.

[^f00053]: S.I. 2001/544, to which there are amendments not relevant to these Regulations.

[^f00054]: S.I. 2001/1060, to which there are amendments not relevant to these Regulations.

[^f00055]: S.I. 2001/1062, to which there are amendments not relevant to these Regulations.

[^f00056]: S.I. 2004/2738, to which there are amendments not relevant to these Regulations.

[^f00057]: S.I. 2009/2160.

[^f00058]: S.I. 2011/1613 as amended by S.I. 2013/472.

[^f00059]: S.S.I. 2013/50 as amended by S.I. 2013/472.

[^f00060]: 1907 c. 24.

[^f00061]: Section 4 was amended by S.I. 2002/3203 and 2003/2904.

[^f00062]: Section 9 was amended by S.I. 2009/1941.

[^f00063]: Section 124A was inserted by the Companies Act 1989 (c. 40), section 60(3), and amended by S.I. 2001/3649 and by the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), Schedule 2, Part 3, paragraph 27.

[^f00064]: Article 104A was inserted by S.I. 1990/1504 (N.I. 10) and amended by S.I. 2001/3649.

[^f00065]: Section 235A is inserted by regulation 3(5) of these Regulations.

[^f00066]: 1985 c. 66.

[^f00067]: Section 370 was substituted by the Financial Services Act 2012, Schedule 14, paragraph 18.

[^f00068]: 1985 c. 66.

[^f00069]: Section 2 was substituted by the Bankruptcy (Scotland) Act 1993 (c. 6). Subsection (5) was amended and subsection (7)(a) was substituted by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3).

[^f00070]: Subsections (3) and (4) were substituted by the Bankruptcy (Scotland) Act 1993 (c. 6).

[^f00071]: Section 235A is inserted by regulation 3(5) of these Regulations.

[^f00072]: 2000 c. 8. The definition was amended by the Communications Act 2003 (c. 21), Schedule 17, paragraph 158.

[^f00073]: 1925 c. 20.

[^f00074]: 1995 c. 7.

[^f00075]: 1695 c. 12 (Ir).

[^f00076]: Part 4A, including section 55A, was substituted by section 11(2) of the Financial Services Act 2012.

[^f00077]: OJ No. L 302, 17.11.2009, p.32. The Directive has been implemented by the Undertakings for Collective Investment in Transferable Securities Regulations 2011 (S.I. 2011/1613).

[^f00078]: By virtue of the amendment of the 1986 Act by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 23 (as amended by S.I. 2001/3649) anything directed to be done, or which may be done, to or by the registrar of companies in Scotland by virtue of sections 130(1), 147(3), 170(2) and 172(8) of the 1986 Act shall, or (as the case may be) may, also be done to or by the Accountant in Bankruptcy; and the statement which the liquidator is required to send to the registrar of companies in Scotland under section 192(1) of the 1986 Act shall instead be sent to the Accountant in Bankruptcy.

[^f00079]: Relevant amendments to the provisions of the 1986 Act set out in the Table are as follows: section 124A was inserted by the Companies Act 1989 (c. 40), section 60(3), and amended by S.I. 2001/3649 and by the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), Schedule 2, Part 3, paragraph 27; section 131 was amended by S.I. 2010/18; section 155 was amended by S.I. 1999/1820; section 159 was amended by S.I. 2009/1941; section 160 was amended by S.I. 2009/1941; section 162 was amended by the Court of Session Act 1988 (c. 36), section 52(2) and Schedule 2, Part I, and by S.I. 2009/1941; section 168 was amended by S.I. 1994/2421 and 2002/1555; section 188 was amended by S.I. 2006/3429 and 2008/1897; section 196 was amended by S.I. 2009/1941; section 206(1) was amended by S.I. 1986/1996; section 215 was amended by the Civil Partnerships Act 2004 (c. 33), Schedule 27, paragraph 112; section 218 was amended by the Insolvency Act 2000 (c. 39), sections 10 and 15(1) and Schedule 5, and by S.I. 2009/1941; section 219 was amended by the Insolvency Act 2000, sections 10(7) and 11, and by S.I. 2009/1941; section 220 was substituted by S.I. 2009/1941; section 221 was amended by S.I. 2002/1240 and 2009/1941; section 229 was amended by S.I. 2009/1941; section 236 was amended by S.I. 2010/18; section 240 was amended by S.I. 2002/1240 and by the Enterprise Act 2002 (c. 40), Schedule 17, paragraphs 9 and 26(1) and (4); section 241 was amended by the Insolvency (No. 2) Act 1994 (c. 12), section 1; sections 246A and 246B were inserted by S.I. 2010/18; section 251 was amended by S.I. 2007/2194 and 2009/1941; section 434C was inserted by S.I. 2008/948; and Schedule 4 was amended by the Enterprise Act 2002, section 253, and by S.I. 2010/18.

[^f00080]: Relevant amendments to the provisions of the 1989 Order set out in the Table are as follows: Article 2 was amended by S.I. 2007/2194; Article 104A was inserted by S.I. 1990/1504 (N.I. 10) and amended by the Criminal Justice Act 1993 (c. 36), Schedule 5, paragraph 22 and Schedule 6, Part II, and by S.I. 2001/3649 and 2009/1941; Articles 110(1), 125(3), 136 and 137(1) were amended by S.I. 2009/1941; Article 159(1) was substituted by S.I. 2006/3429 and amended by S.I. 2008/1897; Article 164 was amended by S.I. 2009/1941; Article 165 was amended by the Justice (Northern Ireland) Act 2002 (c. 26), Schedule 4, paragraph 36; Article 179 was amended by the Civil Partnerships Act 2004 (c. 33), Schedule 27, paragraph 81; Articles 182 and 183 were amended by S.I. 2002/3152 (N.I. 16) and 2009/1941; Article 184 was substituted by S.I. 2009/1941; Article 185 was amended by S.R. 2002 No. 334 and S.I. 2009/1941; Article 193 was amended by S.I. 2009/1941; Article 204 was amended by S.I. 2005/1455 (N.I. 10); Article 205 was amended by the Insolvency (No. 2) Act 1994 (c. 12), section 3(3); Article 385 was inserted by S.I. 2008/948; and Schedule 2 was amended by S.I. 2005/1452 (N.I. 7) and 2005/1455 (N.I. 10).

[^f00081]: S.I. 1986/1925 as modified by S.I. 2011/2866 and 1991/2684, and as amended by S.I. 1993/602, 1999/1022, 2004/584, 2005/527, 2006/1272, 2008/737, 2009/642, 2010/686 and 2012/2404. There are other modifications and amendments not relevant to these Regulations.

[^f00082]: S.I. 1986/1915 as amended by S.I. 1987/1921, 1999/1820, 2006/734, 2010/688, 2012/2404 and S.S.I. 2008/393. There are other amendments not relevant to these Regulations.

[^f00083]: 1985 c. 66.

[^f00084]: By virtue of Rule 4.16(2) the reference to the Accountant in Bankruptcy is to be read as a reference to the court.

[^f00085]: The second paragraph (2A), which was inserted by S.I. 1987/1921.

[^f00086]: S.R. 1991 No. 364 as amended by S.R. 1994 No. 26, 1995 No. 291, 2000 No. 247, 2002 No. 261, 2003 No. 549, 2004 No. 355, 2006 No. 47, 2008 No. 118, 2009 No. 404 and 2011 No. 151.

[^f00087]: The registrar is the registrar of companies for Northern Ireland (see Article 5(1) of the 1989 Order (interpretation)).

Subsection (1) is to be read as if for the words “the company, or any creditor” there were substituted “ the Financial Conduct Authority, the operator or any creditor of the relevant scheme ”.

(b) has acted as liquidator of the relevant scheme;

the operator or depositary of a relevant scheme gives a preference to a person if— (a) that person is one of the creditors of the relevant scheme or a surety or guarantor for any of the debts or liabilities of the relevant scheme, and (b) the operator or depositary does anything or suffers anything to be done which (in either case) has the effect of putting that person into a position which, in the event of the relevant scheme going into insolvent liquidation, will be better than the position that person would have been in if that thing had not been done.

Paragraph (1) is to be read as if for the words “the company, or any creditor” there were substituted “ the Financial Conduct Authority, the operator or any creditor of the relevant scheme ”.

(b) has acted as liquidator of the relevant scheme;

the operator or depositary of a relevant scheme gives a preference to a person if— (a) that person is one of the creditors of the relevant scheme or a surety or guarantor for any of the debts or liabilities of the relevant scheme, and (b) the operator or depositary does anything or suffers anything to be done which (in either case) has the effect of putting that person into a position which, in the event of the relevant scheme going into insolvent liquidation, will be better than the position that person would have been in if that thing had not been done.

(1) The petitioner must send a copy of the petition to the FCA.

Paragraph (3) is to be read as if for the words “act on behalf of the company” there were substituted “ act in the liquidation ”.

(d) in the case of a winding up, the date on which the liquidator vacates office under section 172(8) or the date of a certificate of release issued by the Accountant of Court

(1) The petitioner must send a copy of the petition to the FCA.

Paragraph (3) is to be read as if for the words “act on behalf of the company” there were substituted “ act in the liquidation ”.

Editorial notes

[^c21816931]: S.I. 2012/1759.

[^c21816941]: 1972 c. 68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a), and by the European Union (Amendment) Act 2008 (c. 7), section 3 and the Schedule, Part 1.

[^c21816951]: 1986 c. 45.

[^c21816961]: S.I. 1989/2405 (N.I. 19).

[^c21816971]: Section 261M is inserted by regulation 3(12) of these Regulations.

[^c21816981]: Section 237 was amended by S.I. 2011/1613 and by the Financial Services Act 2012 (c. 21), Schedule 18, paragraph 9(1) and (2)(a). This definition is inserted by regulation 3(6) of these Regulations.

[^c21816991]: 2000 c. 8.

[^c21817001]: The definition of “the operator” in section 237(2) is amended by regulation 3(6)(b) of these Regulations.

[^c21817011]: Section 235A is inserted by regulation 3(5) of these Regulations.

[^c21817021]: Subsections (5) to (8) of section 237 are inserted by regulation 3(6)(d) of these Regulations.

[^c21817031]: Section 90ZA was inserted by S.I. 2011/1613.

[^c21817041]: Section 133 was substituted by S.I. 2010/22. Subsection (7A) was inserted by section 23(2)(c) of the Financial Services Act 2012.

[^c21817051]: Section 138A was substituted by section 24(1) of the Financial Services Act 2012.

[^c21817061]: 1907 c.24.

[^c21817071]: Section 237 was amended by S.I. 2011/1613 and by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(a).

[^c21817081]: Section 238 was amended by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(a).

[^c21817091]: Section 249 was amended by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(b) and paragraph 10.

[^c21817101]: Section 258A was inserted by S.I. 2011/1613 and amended by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(c).

[^c21817111]: Section 259 was amended by S.I. 2011/1613 and by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(c).

[^c21817121]: Section 261B was inserted by S.I. 2011/1613 and amended by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(c).

[^c21817131]: Section 247 was amended by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(b).

[^c21817141]: Section 248 was amended by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(b).

[^c21817151]: Sections 345B to 345E were substituted by the Financial Services Act 2012, Schedule 13, paragraph 7.

[^c21817161]: Sections 138A and 138B were substituted by section 24(1) of the Financial Services Act 2012.

[^c21817171]: Section 421ZA was inserted by section 48(2) of the Financial Services Act 2012.

[^c21817181]: S.I. 2011/1613.

[^c21817191]: Section 283A was inserted by S.I. 2011/1613 and amended by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(f).

[^c21817201]: Section 138D was substituted by section 24(1) of the Financial Services Act 2012.

[^c21817211]: Section 257 was amended by the Financial Services Act 2012, Schedule 18, paragraphs 9(1) and (2)(c) and 12.

[^c21817221]: Sections 258 was amended by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(c).

[^c21817231]: Section 270 was amended by the Financial Services Act 2012, Schedule 18, paragraph 16.

[^c21817241]: Section 272 was amended by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(f).

[^c21817251]: Section 283A was inserted by S.I. 2011/1613 and amended by the Financial Services Act 2012, Schedule 18, paragraph 9(1) and (2)(f).

[^c21817261]: Section 347 was amended by the Financial Services Act 2012, Schedule 12, paragraph 16. There are other amendments not relevant to these Regulations.

[^c21817271]: Section 351A was inserted by S.I. 2011/1613 and amended by the Financial Services Act 2012, Schedule 12, paragraph 22.

[^c21817281]: Subsection (1ZB) was substituted by the Financial Services Act 2012, Schedule 9, paragraph 30(2).

[^c21817291]: Section 392 was amended by the Financial Services Act 2012, Schedule 13, paragraph 8. There are other amendments not relevant to these Regulations.

[^c21817301]: Section 395 was amended by the Financial Services Act 2012, Schedule 9, paragraph 34. There are other amendments not relevant to these Regulations.

[^c21817311]: Schedule 1ZA was substituted by the Financial Services Act 2012, section 6(2) and Schedule 3.

[^c21817321]: 1963 c. 18.

[^c21817331]: Subsection (4)(e) was substituted by the Financial Services Act 1986 (c. 60), Schedule 16, paragraph 4(a), and amended by S.I. 2001/3649.

[^c21817341]: 2010 c. 4.

[^c21817351]: 2012 c.21.

[^c21817361]: S.I. 1975/1023. Relevant amendments are noted separately. This Order was revoked in relation to Scotland by S.S.I. 2003/231.

[^c21817371]: Paragraph 1 was substituted by S.I. 1986/2268 and amended by S.I. 2001/3816, 2008/3259 and 2013/472.

[^c21817381]: The definition of “the operator” in section 237(2) is amended by regulation 3(6)(b) of these Regulations.

[^c21817391]: Paragraph (g) was inserted by S.I. 2001/3816 and amended by S.I. 2007/2149 and 2013/472 (which substituted the table).

[^c21817401]: Article 4 was amended by S.I. 2001/3816 (which substituted paragraph (d)) and 2008/3259.

[^c21817411]: S.R. 1979 No. 195. Relevant amendments are noted separately.

[^c21817421]: Paragraph (2) was amended by S.R. 2001 No. 400 and 2009 No. 303 and S.I. 2013/472.

[^c21817431]: Paragraph (e) was inserted (as paragraph (g)) by S.R. 2001 No. 400 and amended by S.R. 2003 No. 355 and 2012 No. 318 and S.I. 2013/472 (which substituted the table).

[^c21817441]: Paragraph (d) was substituted by S.R. 2001 No. 400.

[^c21817451]: S.I. 2001/544, to which there are amendments not relevant to these Regulations.

[^c21817461]: S.I. 2001/1060, to which there are amendments not relevant to these Regulations.

[^c21817471]: S.I. 2001/1062, to which there are amendments not relevant to these Regulations.

[^c21817481]: S.I. 2004/2738, to which there are amendments not relevant to these Regulations.

[^c21817491]: S.I. 2009/2160.

[^c21817501]: S.I. 2011/1613 as amended by S.I. 2013/472.

[^c21817511]: S.S.I. 2013/50 as amended by S.I. 2013/472.

[^c21817521]: 1907 c. 24.

[^c21817531]: Section 4 was amended by S.I. 2002/3203 and 2003/2904.

[^c21817541]: Section 9 was amended by S.I. 2009/1941.

[^c21817551]: Section 124A was inserted by the Companies Act 1989 (c. 40), section 60(3), and amended by S.I. 2001/3649 and by the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), Schedule 2, Part 3, paragraph 27.

[^c21817561]: Article 104A was inserted by S.I. 1990/1504 (N.I. 10) and amended by S.I. 2001/3649.

[^c21817571]: Section 235A is inserted by regulation 3(5) of these Regulations.

[^c21817581]: 1985 c. 66.

[^c21817591]: Section 370 was substituted by the Financial Services Act 2012, Schedule 14, paragraph 18.

[^c21817601]: 1985 c. 66.

[^c21817611]: Section 2 was substituted by the Bankruptcy (Scotland) Act 1993 (c. 6). Subsection (5) was amended and subsection (7)(a) was substituted by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3).

[^c21817621]: Subsections (3) and (4) were substituted by the Bankruptcy (Scotland) Act 1993 (c. 6).

[^c21817631]: Section 235A is inserted by regulation 3(5) of these Regulations.

[^c21817641]: 2000 c. 8. The definition was amended by the Communications Act 2003 (c. 21), Schedule 17, paragraph 158.

[^c21817651]: 1925 c. 20.

[^c21817661]: 1995 c. 7.

[^c21817671]: 1695 c. 12 (Ir).

[^c21817681]: Part 4A, including section 55A, was substituted by section 11(2) of the Financial Services Act 2012.

[^c21817721]: By virtue of the amendment of the 1986 Act by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 23 (as amended by S.I. 2001/3649) anything directed to be done, or which may be done, to or by the registrar of companies in Scotland by virtue of sections 130(1), 147(3), 170(2) and 172(8) of the 1986 Act shall, or (as the case may be) may, also be done to or by the Accountant in Bankruptcy; and the statement which the liquidator is required to send to the registrar of companies in Scotland under section 192(1) of the 1986 Act shall instead be sent to the Accountant in Bankruptcy.

[^c21817731]: Relevant amendments to the provisions of the 1986 Act set out in the Table are as follows: section 124A was inserted by the Companies Act 1989 (c. 40), section 60(3), and amended by S.I. 2001/3649 and by the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), Schedule 2, Part 3, paragraph 27; section 131 was amended by S.I. 2010/18; section 155 was amended by S.I. 1999/1820; section 159 was amended by S.I. 2009/1941; section 160 was amended by S.I. 2009/1941; section 162 was amended by the Court of Session Act 1988 (c. 36), section 52(2) and Schedule 2, Part I, and by S.I. 2009/1941; section 168 was amended by S.I. 1994/2421 and 2002/1555; section 188 was amended by S.I. 2006/3429 and 2008/1897; section 196 was amended by S.I. 2009/1941; section 206(1) was amended by S.I. 1986/1996; section 215 was amended by the Civil Partnerships Act 2004 (c. 33), Schedule 27, paragraph 112; section 218 was amended by the Insolvency Act 2000 (c. 39), sections 10 and 15(1) and Schedule 5, and by S.I. 2009/1941; section 219 was amended by the Insolvency Act 2000, sections 10(7) and 11, and by S.I. 2009/1941; section 220 was substituted by S.I. 2009/1941; section 221 was amended by S.I. 2002/1240 and 2009/1941; section 229 was amended by S.I. 2009/1941; section 236 was amended by S.I. 2010/18; section 240 was amended by S.I. 2002/1240 and by the Enterprise Act 2002 (c. 40), Schedule 17, paragraphs 9 and 26(1) and (4); section 241 was amended by the Insolvency (No. 2) Act 1994 (c. 12), section 1; sections 246A and 246B were inserted by S.I. 2010/18; section 251 was amended by S.I. 2007/2194 and 2009/1941; section 434C was inserted by S.I. 2008/948; and Schedule 4 was amended by the Enterprise Act 2002, section 253, and by S.I. 2010/18.

[^c21817741]: Relevant amendments to the provisions of the 1989 Order set out in the Table are as follows: Article 2 was amended by S.I. 2007/2194; Article 104A was inserted by S.I. 1990/1504 (N.I. 10) and amended by the Criminal Justice Act 1993 (c. 36), Schedule 5, paragraph 22 and Schedule 6, Part II, and by S.I. 2001/3649 and 2009/1941; Articles 110(1), 125(3), 136 and 137(1) were amended by S.I. 2009/1941; Article 159(1) was substituted by S.I. 2006/3429 and amended by S.I. 2008/1897; Article 164 was amended by S.I. 2009/1941; Article 165 was amended by the Justice (Northern Ireland) Act 2002 (c. 26), Schedule 4, paragraph 36; Article 179 was amended by the Civil Partnerships Act 2004 (c. 33), Schedule 27, paragraph 81; Articles 182 and 183 were amended by S.I. 2002/3152 (N.I. 16) and 2009/1941; Article 184 was substituted by S.I. 2009/1941; Article 185 was amended by S.R. 2002 No. 334 and S.I. 2009/1941; Article 193 was amended by S.I. 2009/1941; Article 204 was amended by S.I. 2005/1455 (N.I. 10); Article 205 was amended by the Insolvency (No. 2) Act 1994 (c. 12), section 3(3); Article 385 was inserted by S.I. 2008/948; and Schedule 2 was amended by S.I. 2005/1452 (N.I. 7) and 2005/1455 (N.I. 10).

[^c21817751]: S.I. 1986/1925 as modified by S.I. 2011/2866 and 1991/2684, and as amended by S.I. 1993/602, 1999/1022, 2004/584, 2005/527, 2006/1272, 2008/737, 2009/642, 2010/686 and 2012/2404. There are other modifications and amendments not relevant to these Regulations.

[^c21817761]: S.I. 1986/1915 as amended by S.I. 1987/1921, 1999/1820, 2006/734, 2010/688, 2012/2404 and S.S.I. 2008/393. There are other amendments not relevant to these Regulations.

[^c21817771]: 1985 c. 66.

[^c21817781]: By virtue of Rule 4.16(2) the reference to the Accountant in Bankruptcy is to be read as a reference to the court.

[^c21817791]: The second paragraph (2A), which was inserted by S.I. 1987/1921.

[^c21817801]: S.R. 1991 No. 364 as amended by S.R. 1994 No. 26, 1995 No. 291, 2000 No. 247, 2002 No. 261, 2003 No. 549, 2004 No. 355, 2006 No. 47, 2008 No. 118, 2009 No. 404 and 2011 No. 151.

[^c21817811]: The registrar is the registrar of companies for Northern Ireland (see Article 5(1) of the 1989 Order (interpretation)).

[^key-da5d4f0fc1c6046c97681476419f6f85]: Words in Sch. 2 Pt. 3 inserted (1.10.2015) by The Deregulation Act 2015 (Insolvency) (Consequential Amendments and Transitional and Savings Provisions) Order 2015 (S.I. 2015/1641), art. 3, Sch. 2 para. 2

[^key-be6e956981dd9b83d41a3840f348e505]: Reg. 16(3)(a)(ii) omitted (6.4.2017) by virtue of The Legislative Reform (Private Fund Limited Partnerships) Order 2017 (S.I. 2017/514), arts. 1(2), 5(2)(a)

[^key-60eadc14758c0544f466f1f718ae9233]: Reg. 16(3)(aa) inserted (6.4.2017) by The Legislative Reform (Private Fund Limited Partnerships) Order 2017 (S.I. 2017/514), arts. 1(2), 5(2)(b)

[^key-70d9ae4c0f59c7fe3a0110b713bceef3]: Words in reg. 16(3)(b) substituted (6.4.2017) by The Legislative Reform (Private Fund Limited Partnerships) Order 2017 (S.I. 2017/514), arts. 1(2), 5(2)(c)

[^key-14d8b4dac48b32900e77f2fd99493b2a]: Words in reg. 16(6) substituted (6.4.2017) by The Legislative Reform (Private Fund Limited Partnerships) Order 2017 (S.I. 2017/514), arts. 1(2), 5(3)(a)

[^key-9d7b59643b9ccc74e1ab5a7a29251b82]: Words in reg. 16(6)(a) substituted (6.4.2017) by The Legislative Reform (Private Fund Limited Partnerships) Order 2017 (S.I. 2017/514), arts. 1(2), 5(3)(b)

[^key-c8ed1589f5e970a01440f01ab907714f]: Words in Sch. 2 Pt. 3 omitted (7.4.2017) by virtue of The Deregulation Act 2015, the Small Business, Enterprise and Employment Act 2015 and the Insolvency (Amendment) Act (Northern Ireland) 2016 (Consequential Amendments and Transitional Provisions) Regulations 2017 (S.I. 2017/400), regs. 1(2), 11(2)(a)

[^key-0771ddb06adcac72cee1bf9cc21d42f7]: Words in Sch. 2 Pt. 3 inserted (7.4.2017) by The Deregulation Act 2015, the Small Business, Enterprise and Employment Act 2015 and the Insolvency (Amendment) Act (Northern Ireland) 2016 (Consequential Amendments and Transitional Provisions) Regulations 2017 (S.I. 2017/400), regs. 1(2), 11(2)(b)

[^key-7bc9437f0d0c1f2454d371839535daa9]: Words in Sch. 2 Pt. 3 substituted (7.4.2017) by The Deregulation Act 2015, the Small Business, Enterprise and Employment Act 2015 and the Insolvency (Amendment) Act (Northern Ireland) 2016 (Consequential Amendments and Transitional Provisions) Regulations 2017 (S.I. 2017/400), regs. 1(2), 11(2)(c)

[^key-0f759905758b96a8c46fb965a070e9d5]: Words in Sch. 2 Pt. 3 substituted (7.4.2017) by The Deregulation Act 2015, the Small Business, Enterprise and Employment Act 2015 and the Insolvency (Amendment) Act (Northern Ireland) 2016 (Consequential Amendments and Transitional Provisions) Regulations 2017 (S.I. 2017/400), regs. 1(2), 11(2)(d)

[^key-15cbc7eb7e9f20c633a3fd540bede3a4]: Words in Sch. 2 Pt. 4 inserted (7.4.2017) by The Deregulation Act 2015, the Small Business, Enterprise and Employment Act 2015 and the Insolvency (Amendment) Act (Northern Ireland) 2016 (Consequential Amendments and Transitional Provisions) Regulations 2017 (S.I. 2017/400), regs. 1(2), 11(3)

[^key-bda12873c2789ce21afd646bfa6647ef]: Sch. 2 para. 6 inserted (13.3.2018) by The Small Business, Enterprise and Employment Act 2015 (Consequential Amendments, Savings and Transitional Provisions) Regulations 2018 (S.I. 2018/208), regs. 1(3), 14(b)

[^key-71ff2740f5a7c642c36d51906b121917]: Sch. 2 para. 3(aa) inserted (13.3.2018) by The Small Business, Enterprise and Employment Act 2015 (Consequential Amendments, Savings and Transitional Provisions) Regulations 2018 (S.I. 2018/208), regs. 1(3), 14(a)

[^key-e42ea15d2fb0430a5bbf17ff0d4cfa81]: Regulations: power to modify conferred (11.7.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 3, 86(3), Sch. 1 Pt. 2; S.I. 2023/779, reg. 2(d)

[^M_F_6de31ce8-2786-405b-dc4f-786a5d370dc8]: Regulations revoked (14.12.2023 for the revocation of reg. 25) by Financial Services and Markets Act 2023 (c. 29), s. 86(3), Sch. 1 Pt. 2 (with s. 1(4)); S.I. 2023/1382, reg. 2(c)(iv)

6

The modifications relating to provision about creditors’ meetings and creditors’ notices are that—

• (a) sections 136 to 139, 141, 142, 146, 160, 168, 172, 174, 195, 208 and 246A of the 1986 Act have effect without the amendments of those sections made by Part 1 of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (further amendments relating to the abolition of requirements to hold meetings; opted-out creditors: company insolvency); and

• (b) section 194 applies as it applied before its repeal by paragraph 46 of that Schedule.