Insolvency Act 1986

421 Insolvent estates of deceased persons.E+W

(1)The Lord Chancellor may, by order made with the concurrence of the Secretary of State [F1and the Lord Chief Justice], provide that such provisions of this Act as may be specified in the order shall apply [F2in relation] to the administration of the insolvent estates of deceased persons with such modifications as may be so specified.

[F3(1A)An order under this section may make provision in relation to the EC Regulation.

(1B)But provision made by virtue of this section in relation to the EC Regulation may not create an offence of a kind referred to in paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972.]

(2)An order under this section may make different provision for different cases and may contain such incidental, supplemental and transitional provisions as may appear to the Lord Chancellor [F4and the Lord Chief Justice] necessary or expedient.

(3)An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(4)For the purposes of this section the estate of a deceased person is insolvent if, when realised, it will be insufficient to meet in full all the debts and other liabilities to which it is subject.

[F5(5)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

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Amendments (Textual)

F2Words in s. 421(1) inserted (2.4.2001) by 2000 c. 39, s. 12(2); S.I. 2001/766, art. 2 (subject to transitional provisions in art. 3)

F3S. 421(1A)(1B) inserted (3.5.2002) by S.I. 2002/1037, reg. 3(6)

Modifications etc. (not altering text)

C1S. 421 amended (30.12.2002) by 2002 c. 29, s. 311(6); S.I. 2002/3015, art. 2, Sch. (subject to savings in art. 3)