SCHEDULES

SCHEDULE 9Transitional Provisions and Savings

PART IIIIndividual Insolvency

Discharge from old bankruptcy

14

1

Where a person—

a

was adjudged bankrupt before the bankruptcy commencement date or is adjudged bankrupt on or after that date on a petition presented before that date ; and

b

that person was not an undischarged bankrupt at any time in the period of fifteen years ending with the adjudication,

that person shall be deemed (if not previously discharged) to be discharged from his bankruptcy for the purposes of the Bankruptcy Act 1914 at the end of the discharge period.

2

Subject to sub-paragraph (3) below, the discharge period for the purposes of this paragraph is—

a

in the case of a person adjudged bankrupt before the bankruptcy commencement date, the period of three years beginning with that date ; and

b

in the case of a person who is adjudged bankrupt after that date on a petition presented before that date, the period of three years beginning with the date of the adjudication.

3

Where the court exercising jurisdiction in relation to a bankruptcy to which this paragraph applies is satisfied, on the application of the official receiver, that the bankrupt has failed, or is failing, to comply with any of his obligations under the [1914 c. 59.] Bankruptcy Act 1914, any rates made under that Act or any such rules as are mentioned in paragraph 22(1) below, the court may order that the discharge period shall cease to run for such period, or until the fulfilment of such conditions (including a condition requiring the court to be satisfied as to any matter) as may be specified in the order.