Insolvency EC regulations or Insolvency Act 1986 & Rules ?

J. Ross made this Freedom of Information request to House of Commons Administration Committee

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Dear House of Commons Administration Committee,

The insolvency Service has refused to give a straight answer to the following question.

UK Insolvency/ Bankruptcy EC Regulation Article 3 - Article 3(1) (2) (3) (4) Main, Secondary, Territorial Proceedings

Please clarify which part of the EC regulations above applies to the main, secondary and territorial proceedings insolvency forms used within the UK.

UK insolvency forms and orders are only stating Article 3 but not which part of Article 3 applies (1) (2) (3) or (4).

Insolvency EC regulations or Insolvency Act 1986 & Rules ?

Please can you confirm if Insolvency proceeding are beging carried out under EC regulations and not Insolvency Act 1986 and Insolvency Rules.

And if TWO bankruptcy filings are being carried out simultaneously that the debtor is not being made aware of?

Please define the definition of main proceedings and how this applies to the people living in the UK, and also the same process for secondary, and territorial proceedings.

Yours faithfully,

J. Ross

FOI Commons, House of Commons Administration Committee

1 Attachment

Dear J Ross,

 

 

Thank you for your request for information to the House of Commons.  We
have experienced difficulty in identifying what recorded information you
are seeking from the House, and require some clarification.

 

We currently believe your request to be as follows:

 

1)  [Please provide recorded information which clarifies] …which part of
the EC regulations above [UK Insolvency/ Bankruptcy EC Regulation Article
3 - Article 3(1) (2) (3) (4) Main, Secondary, Territorial Proceedings]
applies to the main, secondary and territorial proceedings insolvency
forms used within the UK.

 

2)  [Please provide recorded information which confirms] … if Insolvency
proceeding are being carried out under EC regulations and not Insolvency
Act 1986 and Insolvency Rules.

 

3)  [Please provide recorded information which provides the] … definition
of main proceedings and how this applies to the people living in the UK,
and also the same process for secondary, and territorial proceedings.

 

Can you please let us know if this is correct, or if there is other
recorded information you are requesting? 

 

Please note that Section 1(3) of the FOIA states that a public authority
is not obliged to comply with a request if it reasonably requires further
information before it can identify and locate the information requested;
and it has asked the applicant for this further information.  Once we have
received your clarification, we can then process your request and issue
you with a response date.

 

If you have any other queries about your request, please let us know.

 

Yours sincerely,

 

 

         
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

 

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Dear FOI Commons,

Apologises for the confusion .

Yes you are correct.

I am also trying to ascertain if Two bankruptcy petition filings are being filed into the county court hearing centres whilst unsuspecting people are believing that the Insolvency Act 1986 and Rules are being followed when in fact it is the EU Insolvency law.

Yours sincerely,

J. Ross

Dear FOI Commons,

Please be so kind as to answer in good faith, whether or not national law applies or EC formerly EU private international law when there is no cross-border influence with the EU within a case.

Yours sincerely,

J. Ross

J. Ross left an annotation ()

Insolvency Service

Quote: 'The EU Regulation does not apply if there in no cross-border EU element to a case.'

FOI Commons, House of Commons Administration Committee

1 Attachment

Dear J Ross,

 

 

Freedom of Information request F17-266

 

Thank you for your requests for information as copied below. For your
convenience, and as these requests ask for information of a similar
nature, we have amalgamated them under the one reference number of
F17-266, and have provided a single response below. You asked a number of
questions relating to EC Regulations and Insolvency Rules, which we have
sought to address as follows.

 

On 29 June 2017, you confirmed your request to be for the following
information:

 

1)  [Please provide recorded information which clarifies] …which part of
the EC regulations above [UK Insolvency/ Bankruptcy EC Regulation Article
3 - Article 3(1) (2) (3) (4) Main, Secondary, Territorial Proceedings]
applies to the main, secondary and territorial proceedings insolvency
forms used within the UK.

and

2)  [Please provide recorded information which confirms] … if Insolvency
proceeding are being carried out under EC regulations and not Insolvency
Act 1986 and Insolvency Rules.

and

3)  [Please provide recorded information which provides the] … definition
of main proceedings and how this applies to the people living in the UK,
and also the same process for secondary, and territorial proceedings.

and

4)  I am also trying to ascertain if two bankruptcy petition filings are
being filed into the county court hearing centres whilst unsuspecting
people are believing that the Insolvency Act 1986 and Rules are being
followed when in fact it is the EU Insolvency law.

 

Whilst the House of Commons holds some information about Insolvency Rules
in the form of Act and Regulations, we do not hold information directly
related to your questions.  I hope the following information will help
explain our position. 

 

We endeavour to be as helpful as possible, but the Freedom of Information
Act 2000 (FOIA) only provides the requester with an access right to
recorded information.  It does not extend, for example, to requests for
views, explanations or clarifications about a particular matter that are
not already recorded.  The House of Commons does not have to provide a
response if this would mean creating new information, providing analysis
or giving an opinion or judgment that is not already documented. 

 

One of the main roles of the House of Commons, together with the House of
Lords, is to pass laws.  Acts and Regulations that may cover insolvency
rules would be held by the House, but our duty under FOIA to disclose
information does not extend to us having to first carry out expert legal
analysis on all legislation held to ascertain what Acts and Regulations
are in scope of your request. You may therefore wish to consult with an
expert legal professional to help you with your query, who may be able
point you to legislation that can be accessed from a number of sources
including public libraries and online sites such as
[1]http://www.legislation.gov.uk/. 

 

In addition, whilst it is part of Parliament’s role to debate and approve
new laws, it is up to the courts to decide how the law applies in any
particular case because there may be more considerations that must be
taken into account other than the text of the statute, such as the body of
precedents comprising the common law and the effect of other statutes. 
For specific information about how Insolvency Rules are applied, you may
wish to redirect your questions to the Insolvency Service.  Their contact
details can be found here:
[2]https://www.gov.uk/government/organisati... You
may also wish to contact the Courts Service to ask for more details about
rules followed in relation to the filing of bankruptcy petitions.  Their
contact details are here: 
[3]https://www.gov.uk/government/organisati...

 

5)  Please be so kind as to answer in good faith, whether or not national
law applies or EC formerly EU private international law when there is no
cross-border influence with the EU within a case.

 

Recorded information that answers your questions is not held by the House
of Commons.   As we stated above, the Freedom of Information Act (FOIA)
provides the requester with an access right to recorded information held
by the House of Commons.  The House of Commons is unable to provide legal
advice or legal definitions, and it is the role of the courts to decide
what laws apply to a particular case.  As before, we recommend that you
consult with a qualified legal professional to get the information you
require.

 

 

You may, if dissatisfied with the handling of your request, complain to
the House of Commons. Alternatively, if you are dissatisfied with the
outcome of your request you may ask the House of Commons to conduct an
internal review of any decision regarding your request. Complaints or
requests for internal review should be addressed to: Information Rights
and Information Security Service, Research and Information Team, House of
Commons, London SW1A 0AA or [4][House of Commons Administration Committee request email]. Please ensure
that you specify the full reasons for your complaint or internal review
along with any arguments or points that you wish to make.

 

If you remain dissatisfied, you may appeal to the Information Commissioner
at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF,
[5]www.ico.gov.uk.

 

Yours sincerely,

 

Lauren

 

 

Lauren Puckey | IRIS Officer
Information Rights and Information Security (IRIS) Service | House of
Commons

Tel: 0207 219 4025 | Text Relay: 18001 219 4025 | Fifth Floor, 14 Tothill
St, London SW1H 9NB

 

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Dear FOI Commons,

Unfortunately I no longer have any faith or trust in the so-called services or professionals.

Please can you at the least as the overriding body that allows national laws to be passed, clarify how it is possible for a "debtor" to live in both England and Wales, as clearly it is impossible to reside in both at the same time, unless England and Wales are reclassified as a joint collective and is one or part of one EU member state or a judicial or Insolvency area.

Because it makes no sense how an individual who is not carrying on a business or residing or domiciled outside of the United Kingdom can be persecuted under any law other than its national law where there is no cross-border element.

And I can find no definition of 'Establishment' or 'centre of main interests shall be the place where the debtor conducts the administration of its interests in a regular basis and which is asertainable by third parties' which from a laymans point of view sounds as if it only applies to a business.

There must be something that covers this in Hansards?

Yours sincerely,

J. Ross

FOI Commons, House of Commons Administration Committee

1 Attachment

Dear J Ross,

 

 

Thank you for your request for information dated 14 July 2017, received by
us on the same date, which is copied below.

 

We will endeavour to respond to your request promptly but in any case
within 20 working days i.e. on or before 14 August 2017.

 

If you have any queries about your request, please use the request number
quoted in the subject line of this email.

 

Yours sincerely,

 

Lauren

 

 

Lauren Puckey | IRIS Officer
Information Rights and Information Security (IRIS) Service | House of
Commons

Tel: 0207 219 4025 | Text Relay: 18001 219 4025 | Fifth Floor, 14 Tothill
St, London SW1H 9NB

 

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Click [2]here for information about FOI in the House of Commons,

or to see what we publish.

 

 

 

 

 

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FOI Commons, House of Commons Administration Committee

1 Attachment

Dear J Ross, 

 

 

Freedom of Information Request F17-307

 

Thank you for your request for information. Following our response to your
previous Freedom of Information Act (FOIA) request dated 14 July 2017, you
have asked a number of follow up questions relating to EC Regulations and
Insolvency Rules, which we have sought to address below.

 

1)  Please can you clarify how it is possible for a "debtor" to live in
both England and Wales.

 

As previously explained, whilst the House of Commons holds some
information about Insolvency Rules in the form of Acts and Regulations, we
do not hold information directly related to your questions. 

 

We endeavour to be as helpful as possible, but the Freedom of Information
Act 2000 (FOIA) only provides the requester with an access right to
recorded information.  It does not extend, for example, to requests for
views, explanations or clarifications about a particular matter that are
not already recorded.  The House of Commons does not have to provide a
response if this would mean creating new information, providing analysis
or giving an opinion or judgment that is not already documented. 

 

As we previously explained, although one of the main roles of the House of
Commons, is to pass laws, our duty under FOIA to disclose information does
not extend to us having to first carry out expert legal analysis to
ascertain what legislation is in scope of your request. We also explained
that it is up to the courts to decide how the law applies in any
particular case, not the House of Commons and We recommended that you
consult with an expert legal professional to help you with your query in
the first instance, then refer to any relevant published legislation to
answer your queries.  This advice, provided in our answer to your previous
request, again applies. 

 

 

2)  There must be something that covers this in Hansard?

 

Records of debates and statements made in the Chamber are held by the
House of Commons, and already publicly available on the parliamentary
website. Transcripts of debates and statements made in the Chamber and in
Committees are recorded in the Official Report (commonly known as
Hansard) and are available here: [1]https://hansard.parliament.uk/.
Hansard can be searched by Member, date, topic or vote (division) record. 
Records of debates from 1803 to 2005 are publically available on the House
of Commons Historic Hansard site here:
[2]http://hansard.millbanksystems.com/commo.... From this, you may be able
to ascertain the information you seek.

 

As this information is reasonably accessible to you otherwise than under
the Freedom of Information Act 2000 (FOIA), your request is refused. In
refusing your request the House is applying the exemption set out in
section 21 (1) and (2) (a) of the FOIA.  This is an absolute exemption and
the public interest test does not apply.

 

 

You may, if dissatisfied with the handling of your request, complain to
the House of Commons. Alternatively, if you are dissatisfied with the
outcome of your request you may ask the House of Commons to conduct an
internal review of any decision regarding your request. Complaints or
requests for internal review should be addressed to: Information Rights
and Information Security Service, Research & Information Team, House of
Commons, London SW1A 0AA or [3][House of Commons Administration Committee request email]. Please ensure
that you specify the full reasons for your complaint or internal review
along with any arguments or points that you wish to make.

 

If you remain dissatisfied, you may appeal to the Information Commissioner
at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF,
[4]www.ico.gov.uk.

 

Yours sincerely,

 

Lauren

 

 

Lauren Puckey | IRIS Officer
Information Rights and Information Security (IRIS) Service | House of
Commons

Tel: 0207 219 4025 | Text Relay: 18001 219 4025 | Fifth Floor, 14 Tothill
St, London SW1H 9NB

 

[5]cid:image002.jpg@01D02B64.34D76640

Click [6]here for information about FOI in the House of Commons,

or to see what we publish.

 

 

 

 

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