Search Legislation

The Administration of Insolvent Estates of Deceased Persons (Amendment) Order 2002

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Amendments to Schedules to the Administration of Insolvent Estates of Deceased Persons Order 1986

3.  (1)  After paragraph 1(c) of Part II of Schedule 1 to the 1986 Order (who may present a bankruptcy petition) insert—

(ca)at the end of paragraph 1(ba) there shall be added the words “in Form 1, with such variations as the case requires (if any), set out in Schedule 3 to the Administration of Insolvent Estates of Deceased Persons Order 1986”;

(cb)at the end of paragraph 1(bb) there shall be added the words “in Form 1, with such variations as the case requires (if any), set out in Schedule 3 to the Administration of Insolvent Estates of Deceased Persons Order 1986”;.

(2) For paragraph 2(a) of Part II of Schedule 1 to the 1986 Order (modified version of section 266 of the Insolvency Act 1986) substitute—

(a)for subsection (1) there shall be substituted the following:—

(1) An insolvency administration petition shall—

(a)if a liquidator (within the meaning of Article 2(b) of the EC Regulation(1)) has been appointed in proceedings by virtue of Article 3(1) of the EC Regulation in relation to the deceased debtor, be served on him;

(b)unless the court directs otherwise, be served on the personal representative; and

(c)be served on such other persons as the court may direct.; and.

(3) For paragraph 25 of Part II of Schedule 1 to the 1986 Order (modified version of section 330 of the Insolvency Act 1986) substitute—

25.  Section 330 with the following modifications:—

(a)in subsection (5) for the words “the bankrupt is entitled to the surplus” there shall be substituted the words “the surplus shall be paid to the personal representative unless the court otherwise orders”, and

(b)after subsection (5) there shall be added:—

(6) Subsection (5) is subject to Article 35 of the EC Regulation (surplus in secondary proceedings to be transferred to main proceedings)..

(4) The forms contained in the Schedule to this Order are substituted for the forms identically numbered in Schedule 3 to the 1986 Order.

(1)

Council Regulation (EC) 1346/2000, OJ No. L160, 30.06.00 p.1.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources