C2C3C4C8C5C6C7 Part IX Bankruptcy

Annotations:
Modifications etc. (not altering text)
C4

Pt. IX (except ss. 269, 270, 287, 297) applied (with modifications) (1.12.1994) by S.I. 1994/2421, art. 8(7)-(9), Sch. 4 Pt. II, Sch. 7 (as amended (1.7.2005) by S.I. 2005/1516, art. 10)

Pt. IX (except ss. 273, 274, 287, 297) applied (1.12.1994) by S.I. 1994/2421, art. 10(4)(5)(a)

C8

Pt. IX (except ss. 273, 274, 287) applied (1.12.1994) by S.I. 1994/2421, art. 11(1)(2)(a), Sch. 7 (as amended (1.7.2005) by S.I. 2005/1516, art. 10 and S.I. 1994/2421, Sch. 7 para. 21 (1.1.2015) by The Banks and Building Societies (Depositor Preference and Priorities) Order 2014 (S.I. 2014/3486), arts. 1(2), 15 (with art. 3))

C5

Pt. IX (ss. 264-371) modified (3.2.1995) by 1994 c. 37, ss. 32(1), 69(2), Sch. 2 para. 5 (with s. 66(2))

Pt. IX modified (31.3.1996) by 1995 c. 20, s. 110(1), Sch. 4 para. 2(1); S.I. 1996/517, art. 3(2) (subject to transitional provisions and savings in arts. 4-6, Sch. 2)

Pt. IX modified (1.4.1996) by 1995 c. 43, ss. 44, 50(2), Sch. 2 para. 2(1)

Pt. IX modified (1.9.2001 subject to art. 3 of the commencing S.I.) by 2001 c. 17, s. 1(3), Sch. 6 para. 9(1) (with s. 78); S.I. 2001/2161, arts. 2, 3 (as amended by S.I. 2001/2304, art. 2)

Pt. IX modified (24.3.2003) by 2002 c. 29, ss. 417, 458(1)(3); S.I. 2003/333, art. 2, Sch. (subject to arts. 3-13 (as amended by S.I. 2003/531, arts. 3, 4))

C6

Pt. IX (ss. 264-371) restricted (6.4.1996 for the purpose only of authorising the making of regulations) by 1995 c. 26, ss. 91(3), 180(1) (with s. 121(5)); S.I. 1996/778, art. 2(5)(a), Sch. Pt. V

C7

Second Group of Parts (Pts. 8-11) modified (31.12.1996) by 1991 c. 57, Sch. 10 (as substituted by 1995 c. 25, s. 120(1), Sch. 22 para. 183 (with ss. 7(6), 115, 117); S.I. 1996/2909, art. 3)

Second Group of Parts (Pts. 8-11) modified (11.11.1999 for specified purposes and 6.4.2002 otherwise) by 1999 c. 30, s. 12(1); S.I. 2002/153, art. 2(b)

Chapter II Protection of Bankrupt’s Estate and Investigation of His Affairs

C1287F2Powers of interim receiver.

1

F6An interim receiver appointed under section 286 is the receiver and (subject to section 370 (special manager)) the manager of the F7debtor's property and is under a duty to act as such.

2

The function of F8an interim receiver while acting as receiver or manager of the F9debtor's property under this section is to protect F10the property; and for this purpose—

a

he has the same powers as if he were a receiver or manager appointed by the High Court, and

b

he is entitled to sell or otherwise dispose of any perishable goods comprised in F10the property and any other goods so comprised the value of which is likely to diminish if they are not disposed of.

3

F4An interim receiver while acting as receiver or manager F5of the debtor's property under this section—

a

shall take all such steps as he thinks fit for protecting F11the debtor's property,

F12b

is not required to do anything that involves his incurring expenditure, except in pursuance of directions given by—

i

the Secretary of State, where the official receiver is the interim receiver, or

ii

the court, in any other case,

c

may, if he thinks fit (and shall, if so directed by the court) at any time F1seek a decision on a matter from the F3debtor's creditors.

4

Where—

F13a

an interim receiver acting as receiver or manager of the debtor's property under this section seizes or disposes of any property which is not the debtor's property, and

b

at the time of the seizure or disposal the F16interim receiver believes, and has reasonable grounds for believing, that he is entitled (whether in pursuance of an order of the court or otherwise) to seize or dispose of that property,

the F14interim receiver is not to be liable to any person in respect of any loss or damage resulting from the seizure or disposal except in so far as that loss or damage is caused by his negligence; and he has a lien on the property, or the proceeds of its sale, for such of the expenses of the F15interim receivership as were incurred in connection with the seizure or disposal.

F175

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