
2011 No. 140
InsolvencyCompanies
The Insolvency Act 1986 Amendment (Appointment of Receivers) (Scotland) Regulations 2011
Made 17th February 2011
Laid before the Scottish Parliament 22nd February 2011
Coming into force 17th March 2011
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and all other powers enabling them to do so.
Citation and commencement
1 
These Regulations may be cited as the Insolvency Act 1986 Amendment (Appointment of Receivers) (Scotland) Regulations 2011 and come into force on 17th March 2011.
Amendment of section 51 of the Insolvency Act 1986
2 
In section 51 of the Insolvency Act 1986—
(a) in subsection (1), for the words from “which” where it second occurs to the end substitute—“
(a) which the Court of Session has jurisdiction to wind up; or
(b) where paragraph (a) does not apply, in respect of which a court of a member state other than the United Kingdom has under the EU Regulation jurisdiction to open insolvency proceedings,to appoint a receiver of such part of the property of the company as is subject to thecharge.”;
(b) after subsection (2) insert—“
(2ZA) But, in relation to a company mentioned in subsection (1)(b), a receiver may be appointed under subsection (1) or (2) only in respect of property situated in Scotland.”; and
(c) in subsection (6) at the end insert—“
 “the EU Regulation” is the Regulation of the Council of the European Union published as Council Regulation (EC) No. 1346/2000 on insolvency proceedings;
 “court” is to be construed in accordance with Article 2(d) of the EU Regulation;
 “insolvency proceedings” is to be construed in accordance with Article 2(a) of the EU Regulation.”.
FERGUS EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
17th February 2011