(2) For paragraph 2(a) of Part II of Schedule 1 to the 1986 Order (modified version of section 266 of the Insolvency Act 1986) substitute -
"
(a) for subsection (1) there shall be substituted the following: -
"
(1) An insolvency administration petition shall -
(a) if a liquidator (within the meaning of Article 2(b) of the EC Regulation[3]) has been appointed in proceedings by virtue of Article 3(1) of the EC Regulation in relation to the deceased debtor, be served on him;
(b) unless the court directs otherwise, be served on the personal representative; and
(c) be served on such other persons as the court may direct."; and".
(3) For paragraph 25 of Part II of Schedule 1 to the 1986 Order (modified version of section 330 of the Insolvency Act 1986) substitute -
"
25.
Section 330 with the following modifications: -
(a) in subsection (5) for the words "the bankrupt is entitled to the surplus" there shall be substituted the words "the surplus shall be paid to the personal representative unless the court otherwise orders", and
(b) after subsection (5) there shall be added: -
"
(6) Subsection (5) is subject to Article 35 of the EC Regulation (surplus in secondary proceedings to be transferred to main proceedings)."."
(4) The forms contained in the Schedule to this Order are substituted for the forms identically numbered in Schedule 3 to the 1986 Order.
Irvine of Lairg,
C.
7th May 2002
I concur,
Patricia Hewitt,
Secretary of State for Trade and Industry
9th May 2002
EXPLANATORY NOTE
(This note is not part of the Order)
This Order amends the Administration of Insolvent Estates of Deceased Persons Order 1986 (S.I. 1986/1999) ("the 1986 Order") in the light of Council Regulation (EC) No. 1346/2000 of 29th May 2000 on insolvency proceedings ("the EC Regulation") which comes into force on 31st May 2002.
The EC Regulation aims to provide for the efficient and effective functioning of cross-border insolvency proceedings in the European Union. Information concerning the EC Regulation is provided in Guidance Notes issued by the Insolvency Service which may be found, together with the text of the EC Regulation, on the Insolvency Service website, the address of which is www.insolvency.gov.uk.
The amendments made by this Order are -
- to specify which form a liquidator (within the meaning of Article 2(b) of the EC Regulation) appointed in proceedings by virtue of Article 3(1) of the EC Regulation or a temporary administrator (within the meaning of Article 38 of the EC Regulation) must use to petition for an insolvency administration order ("temporary administrator" and "main proceedings" are defined in the EC Regulation);
- to require that, where such a liquidator has been appointed, a petition will need to be served on him;
- to provide expressly that modified section 330 of the Insolvency Act 1986 is subject to Article 35 of the EC Regulation;
- to substitute the forms in the 1986 Order with forms which require consideration of whether the EC Regulation applies to the proceedings in question.
Notes:
[1]
1986 c. 45; section 421 of the Act was amended, and the definition of "EC Regulation" was inserted in section 436, by the Insolvency Act 1986 (Amendment) Regulations 2002, S.I. 2002/1037; section 421 was also amended by the Insolvency Act 2000 (c. 39), section 12(2); sections 1, 8, 117, 120, 124, 221, 225, 240, 247, 264, 265, 330, 387 and 388 were amended, and section 436A was inserted, by the Insolvency Act 1986 (Amendment) (No. 2) Regulations 2002, S.I. 2002/1240.back
[2]
S.I. 1986/1999.back
[3]
Council Regulation (EC) 1346/2000, OJ No. L160, 30.06.00 p.1.back
ISBN
0 11 039989 7
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Prepared
27 May 2002
