SCHEDULE 1Modification of enactments

PART 1Primary legislation

Third Parties (Rights against Insurers) Act 201035

1

The Third Parties (Rights against Insurers) Act 201065 is amended as follows.

2

In section 4 (individuals)—

a

in subsection (2)—

i

for “any” substitute “either”;

ii

for the words from “that”, where it first occurs, to “estate)” substitute “the individual’s estate”;

iii

in paragraph (a), for “under section 5 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 2 or 5 of the Bankruptcy (Scotland) Act 2016”;

iv

at the end of paragraph (a) insert “or”; and

v

omit paragraph (c) and the “or” which immediately precedes paragraph (c).

b

in subsection (5), for “under section 5 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 2 or 5 of the Bankruptcy (Scotland) Act 2016”; and

c

omit subsection (6).

3

In section 5(2) (individuals who die insolvent)—

a

in paragraph (b), for “under section 5 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 2 or 5 of the Bankruptcy (Scotland) Act 2016”; and

b

in paragraph (c), for “1985” substitute “2016”.

4

In section 6 (corporate bodies etc.)—

a

in subsection (3)—

i

in paragraph (a), for “under section 6 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 6 of the Bankruptcy (Scotland) Act 2016”;

ii

in paragraph (b), for “under” substitute “by virtue of”;

iii

at the end of paragraph (b) insert “or”;

iv

in paragraph (c), for “1985” substitute “2016”; and

v

omit paragraph (d) and the “or” which immediately precedes paragraph (d).

b

in subsection (7), for “under section 6 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 6 of the Bankruptcy (Scotland) Act 2016”;

c

omit subsection (8); and

d

in subsection (9)(c), for “under section 6 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 6 of the Bankruptcy (Scotland) Act 2016”.

5

In section 7 (Scottish trusts)—

a

in subsection (1)—

i

in paragraph (a), for “under section 6 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 6 of the Bankruptcy (Scotland) Act 2016”;

ii

at the end of paragraph (a) insert “or”; and

iii

omit paragraph (c) and the “or” which immediately precedes paragraph (c);

b

in subsection (2), for “under section 6 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 6 of the Bankruptcy (Scotland) Act 2016”;

c

omit subsection (3); and

d

in subsection (4), for “under section 6 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 6 of the Bankruptcy (Scotland) Act 2016”.

6

In section 14 (effect of transfer on insured’s liability) omit subsections (4) and (5).

7

In section 19A(1) (interpretation) omit “and 14(4)”.