Insolvency Act 1985

Petition based on criminal bankruptcy order

125 Petition based on criminal bankruptcy order

(1) Subject to subsection (6) of section 119 above, the court shall make a bankruptcy order on a petition under subsection (1)(d) of that section on production of a copy of the criminal bankruptcy order on which the petition is based, unless it appears to the court that the criminal bankruptcy order has been rescinded in consequence of an appeal.

(2) Subject to the provisions of this Part, the fact that an appeal is pending against any conviction by virtue of which a criminal bankruptcy order was made shall not affect any proceedings on a petition under section 119(1)(d) above based on that order.

(3) For the purposes of this section an appeal against a conviction is pending—

(a) in any case, until the expiration of the period of twenty eight days beginning with the date of conviction ;

(b) if notice of appeal to the Court of Appeal is given during that period and during that period the appellant notifies the official receiver thereof, until the determination of the appeal and thereafter for so long as an appeal to the House of Lords is pending within the meaning of section 40(5) of the [1973 c. 62.] Powers of Criminal Courts Act 1973.