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The Cross-Border Insolvency Regulations 2006
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Notification and advertisement of orderE+W+S
This section has no associated Explanatory Memorandum
7.—(1) This paragraph applies where the court makes any of the orders referred to in paragraph 4(1)(b).
(2) The foreign representative shall send a certified copy of the interlocutor as soon as reasonably practicable to the debtor.
(3) The foreign representative shall, as soon as reasonably practicable after the date of the order, give notice of the making of the order—
(a)if a British insolvency officeholder is acting in relation to the debtor, to him;
(b)if any person has been appointed an administrative receiver of the debtor or, to the knowledge of the foreign representative, as a receiver or manager of the property of the debtor, to him;
F1(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)if to his knowledge a foreign representative has been appointed in any other foreign proceeding regarding the debtor, that person;
(e)if there is pending in Scotland a petition for the winding up or sequestration of the debtor, to the petitioner;
(f)to any person who to his knowledge is or may be entitled to appoint an administrator of the debtor under paragraph 14 of Schedule B1 to the 1986 Act (appointment of administrator by holder of qualifying floating charge);
[F2(g)if the debtor is a debtor who is of interest to the Financial Conduct Authority, to that Authority;
(ga)if the debtor is a debtor who is of interest to the Prudential Regulation Authority, to that Authority; and]
(h)to such persons as the court may direct.
(4) Where the debtor is a relevant company, the foreign representative shall send notice of the making of the order to the registrar of companies before the end of the period of 5 business days beginning with the date of the order. The notice to the registrar of companies shall be in Form ML 7.
(5) The foreign representative shall advertise the making of the following orders once in the Gazette and once in such newspaper as he thinks most appropriate for ensuring that the making of the order comes to the notice of the debtor's creditors—
(a)a recognition order,
(b)an order confirming the status of a replacement foreign representative, and
(c)a modification or termination order which modifies or terminates recognition of a foreign proceeding,
and the advertisement shall be in Form ML 8.
Textual Amendments
F1Sch. 3 para. 7(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. 129 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F2Sch. 3 para. 7(3)(g)(ga) substituted for Sch. 3 para. 7(3)(g) (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 116(b)(iii)
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