- article 21 relief application
means an application to the court by a foreign representative under article 21(1) or (2) of the Model Law for relief;
- article 21 remedy application
means an application to the court by a foreign representative under article 21(1) or (2) of the Model Law for remedy;
- business day
means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in Scotland under or by virtue of the Banking and Financial Dealings Act 1971;
- CPR
means the Civil Procedure Rules 1998 and CPR followed by a Part or rule by number means the Part or rule with that number in those Rules;
- electronic communication
means the same as in the Electronic Communications Act 2000;
- enforcement officer
means an individual who is authorised to act as an enforcement officer under the Courts Act 2003;
- file with the court
means deliver to the court for filing;
- foreign representative
includes a person who purports or has purported to be a foreign representative in relation to a debtor.
- interim relief application
means an application to the court by a foreign representative under article 19 of the Model Law for interim relief;
- Model Law notice
means a notice delivered to the registrar of companies under paragraph 26(6) of Schedule 2 or paragraph 7(4) of Schedule 3.
- modification or termination order
means an order by the court pursuant to its powers under the Model Law modifying or terminating recognition of a foreign proceeding, the sist, restraint or suspension referred to in article 20(1) or any part of it or any remedy granted under article 19 or 21 of the Model Law;
- ordinary application
means any application to the court other than an originating application;
- originating application
means an application to the court which is not an application in pending proceedings before the court;
- overseas company
has the meaning given by section 1044 of the Companies Act 2006 and “establishment”, in relation to such a company, has the same meaning as in the Overseas Companies Regulations 2009.
- practice direction
means a direction as to the practice and procedure of any court within the scope of the CPR;
- recognition application
means an application to the court by a foreign representative in accordance with article 15 of the Model Law for an order recognising the foreign proceeding in which he has been appointed;
- recognition order
means an order by the court recognising a proceeding the subject of a recognition application as a foreign main proceeding or foreign non-main proceeding, as appropriate;
- Registrar
means—
- relevant company
means a company that is— (a) registered under the Companies Act 2006, (b) subject to a requirement imposed by regulations under section 1043 of that Act (unregistered UK companies) to deliver any documents to the registrar of companies, or (c) subject to a requirement imposed by regulations under section 1046 of that Act (overseas companies) to deliver any documents to the registrar of companies;
- relevant presence
means—
- review application
means an application to the court for a modification or termination order.
- the 1986 Act
means the Insolvency Act 1986;
- the court
means the court which has jurisdiction in relation to the particular proceeding under British insolvency law under which notification is to be given to creditors.
- the former foreign representative
means the foreign representative referred to in sub-paragraph (1).
- the Gazette
means the Edinburgh Gazette;
- the general prohibition
has the meaning given by section 19 of the Financial Services and Markets Act 2000 and the reference to a “regulated activity” must be construed in accordance with—
- the Model Law
means the UNCITRAL Model Law as set out in Schedule 1 to these Regulations;
- the Rules
means the Insolvency (England and Wales) Rules 2016 and Rule followed by a number means the rule with that number in those Rules;
- the UNCITRAL Model Law
means the Model Law on cross-border insolvency as adopted by the United Nations Commission on International Trade Law on 30th May 1997.