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Insolvency Act 1985

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Section 235.

SCHEDULE 8U.K. Consequential Amendments

The M1Bills of Sale Act (1878) Amendment Act 1882U.K.

Marginal Citations

1U.K.In section 11 of the Bills of Sale Act (1878) Amendment Act 1882 (local registration of bills of sale), for the words “the London bankruptcy district as defined by the Bankruptcy Act 1869” and the words “the said London bankruptcy district” there shall be substituted, in each case, the words “the London insolvency district”.

The M2Deeds of Arrangement Act 1914U.K.

Marginal Citations

F12U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M3Settled Land Act 1925U.K.

Marginal Citations

3U.K.In section 103 of the Settled Land Act 1925 (legal estate in settled land not to vest in trustee in bankruptcy of estate owner), for the words from the beginning to “an” there shall be substituted the words “For the purposes of determining, where the estate owner of any settled land is bankrupt, whether the legal estate in the settled land is comprised in, or is capable of being claimed for, the bankrupt’s estate, the legal estate in the settled land shall be deemed not to vest in the”.

The M4Law of Property Act 1925U.K.

Marginal Citations

4U.K.In section 52(2)(b) of the Law of Property Act 1925 (exceptions from requirement that conveyances are to be by deed), for the words “section fifty-four of the M5Bankruptcy Act 1914” there shall be substituted the words “section 91 or 161 of the Insolvency Act 1985”.

Marginal Citations

The M6Land Registration Act 1925U.K.

Marginal Citations

F25U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M7Agricultural Credits Act 1928U.K.

Marginal Citations

6U.K.In section 7 of the Agricultural Credits Act 1928 (effect of floating charge), in paragraph (a)(i) of the proviso, for the words “receiving order in bankruptcy” there shall be substituted the words “bankruptcy order”.

The Third Parties (Rights against Insurers) Act 1930U.K.

7(1)The Third Parties (Rights against Insurers) Act 1930 shall be amended as follows.U.K.

(2)In section 1 (rights of third parties against insurers on bankruptcy etc. of the insured)—

(a)in subsection (1)(b), after the words “winding-up order” there shall be inserted the words “or an administration order” and at the end there shall be inserted the words “or of a composition or scheme proposed for the purposes of Chapter II of Part II of the Insolvency Act 1985 being approved under that Chapter”;

(b)in subsection (2), for the words from “an order is made” to “law of bankruptcy” there shall be substituted the words “the estate of any person falls to be administered in accordance with an order under section 228 of the Insolvency Act 1985” and for the words “the said Act” there shall be substituted the words “any such order”;

(c)in subsection (3), for the words from “making of an order” to “his estate” there shall be substituted the words “estate of any person falling to be administered in accordance with an order under section 228 of the Insolvency Act 1985”.

(3)In section 2 (duty to give necessary information to third parties)—

(a)in subsection (1)—

(i)for the words from “an order being made” to “estate of any person” there shall be substituted the words “the estate of any person falling to the administered in accordance with an order under section 228 of the Insolvency Act 1985”;

(ii)after the words “winding-up order” there shall be inserted the words “or an administration order”, and

(iii)after the word “liquidator” there shall be inserted the word “administrator,”;

and

(b)after that subsection there shall be inserted the following subsection—

(1A)The reference in subsection (1) of this section to a trustee includes a reference to the supervisor of a composition or scheme proposed for the purposes of, and approved under, Chapter II of Part II or Chapter I of Part III of the Insolvency Act 1985.

(4)In section 3 (settlement between insurers and insured)—

(a)after the words “winding-up order” there shall be inserted the words “or an administration order”;

(b)after the words “or winding up” there shall be inserted the words “or the day of the making of the administration order”; and

(c)after the word “commencement”, in the second place where it occurs, there shall be inserted the words “or day”.

(5)In section 4(b) (application to Scotland), for the words from “an order” to “law of bankruptcy” there shall be substituted the words “an estate falling to be administered in accordance with an order under section 228 of the Insolvency Act 1985”.

8U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

9U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

The M8Arbitration Act 1950U.K.

Marginal Citations

F510U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The M9Administration of Justice Act 1956U.K.

Marginal Citations

11U.K.In section 40 of the Administration of Justice Act 1956 (effect of registration of judgments of courts outside England and Wales)—

(a)the words “the Bankruptcy Act 1914” shall be omitted; and

(b)for the words “those Acts” there shall be substituted the words “the said Act of 1869”.

The M10Licensing Act 1964U.K.

Marginal Citations

F612U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The M11Law of Property (Joint Tenants) Act 1964U.K.

Marginal Citations

13U.K.In paragraph (b) of the proviso to section 1(1) of the Law of Property (Joint Tenants) Act 1964 (assumptions on sale of land by survivor of joint tenants), for the words “a receiving order in bankruptcy” there shall be substituted the words “a bankruptcy order”.

The M12General Rate Act 1967U.K.

Marginal Citations

F714U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The M13Medicines Act 1968U.K.

Marginal Citations

15U.K.In section 72(4) of the Medicines Act 1968 (which specifies the persons who may carry on the business of a pharmacist in the case of his death or disability), at the end there shall be inserted the words—

; and in paragraph (b) above the reference to a trustee appointed under a composition, scheme or deed of arrangement includes a reference to the supervisor of a composition or scheme proposed for the purposes of, and approved under, Chapter I of Part III of the Insolvency Act 1985.

The M14Transport Act 1968U.K.

Marginal Citations

F816U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8Sch. 8 para. 16 repealed (1.1.1996) by 1994 c. 40, s. 81, Sch. 17; S.I. 1995/2835, art. 2 (with Sch.) and expressed to be repealed (1.1.1996) by 1995 c. 23, s. 60(2), Sch. 8 Pt. I (with ss. 54, 55); S.I. 1995/2181, art. 2 (with Sch.)

The M15Insolvency Services (Accounting and Investment) Act 1970U.K.

Marginal Citations

F917U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The M16Conveyancing and Feudal Reform (Scotland) Act 1970U.K.

Marginal Citations

18U.K.In schedule 3 to the Conveyancing and Feudal Reform (Scotland) Act 1970 (the standard conditions of a security), in standard condition 9(2)(b), for the words from “or an order” to “1925” there shall be substituted the words “or his estate falls to be administered in accordance with an order under section 228 of the Insolvency Act 1985”.

The M17Superannuation Act 1972U.K.

Marginal Citations

19U.K.In section 5(2) of the Superannuation Act 1972 (rule that benefit is unassignable not to affect powers of court under section 51(2) of the M18Bankruptcy Act 1914)—

(a)for the words “section 51(2) of the Bankruptcy Act 1914” there shall be substituted the words “section 156 of the Insolvency Act 1985”; and

(b)for the words “the said section 51(2)” there shall be substituted the words “section 51(2) of the Bankruptcy Act 1914 or the said section 156”.

Marginal Citations

The M19Road Traffic Act 1972U.K.

Marginal Citations

F1020U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The M20Land Charges Act 1972U.K.

Marginal Citations

21(1)The Land Charges Act 1972 shall be amended as follows.U.K.

(2)In section 5(8) (unregistered bankruptcy petition not to bind purchaser in good faith, for money or money’s worth without notice of an available act of bankruptcy) the words “without notice of an available act of bankruptcy” shall be omitted.

(3)In section 6 (the register of writs and orders affecting land)—

(a)for paragraph (c) of subsection (1) there shall be substituted the following paragraph—

(c) any bankruptcy order, whether or not the bankrupt’s estate is known to include land,;

(b)in subsection (3), for the words “receiving order in bankruptcy” there shall be substituted the words “bankruptcy order”;

(c)for subsection (5) there shall be substituted the following subsection—

(5)Subject to subsection (6) below, the title of a trustee in bankruptcy shall be void as against a purchaser of a legal estate in good faith for money or money’s worth unless the bankruptcy order is for the time being registered under this section.; and

(d)in subsection (6), the words “without notice of an available act of bankruptcy” shall be omitted.

(4)In section 16(2) (general rules)—

(a)for the words “general rules under section 132 of the M21Bankruptcy Act 1914 for carrying into effect the objects of that Act” there shall be substituted the words “rules under section 207 of the Insolvency Act 1985”;

(b)for the words “a receiving order in bankruptcy” there shall be substituted the words “a bankruptcy order”; and

(c)for the words “by that Act” there shall be substituted the words “by Part III of that Act”.

Marginal Citations

The M22Local Government Act 1972U.K.

Marginal Citations

F1122U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M23Matrimonial Causes Act 1973U.K.

Marginal Citations

23U.K.In section 39 of the Matrimonial Causes Act 1973 (settlement etc. made in compliance with a property adjustment order may be avoided on bankruptcy of settlor), for the words from “a settlement of” onwards there shall be substituted the words “a transaction in respect of which an order may be made under section 174 of the Insolvency Act 1985 (transactions at an undervalue and preferences)”.

24U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

The M24Solicitors Act 1974U.K.

Marginal Citations

F1325U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M25Social Security Pensions Act 1975U.K.

Marginal Citations

F1426U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The M26Recess Elections Act 1975U.K.

Marginal Citations

27U.K.In section 1(2) of the Recess Elections Act 1975 (which defines certain expressions used in that Act), in the definition of “certificate of vacancy” for the words from “the relevant bankruptcy enactment” to the end of paragraph (b) there shall be substituted the words “section 214(6)(a) of the Insolvency Act 1985”.

The M27Insolvency Act 1976U.K.

Marginal Citations

F1528E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15Sch. 8 para. 28 repealed (5.11.1993) by 1993 c.50, s. 1(1), Sch. 1 Pt I, Group I

The M28Land Drainage Act 1976U.K.

Marginal Citations

F1629E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

The M29Employment Protection (Consolidation) Act 1978U.K.

Marginal Citations

31F18(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F18(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

F18(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Banking Act 1979U.K.

F2132U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The M30Estate Agents Act 1979U.K.

Marginal Citations

33U.K.In section 23(2) of the Estate Agents Act 1979 (prohibition on bankrupts engaging in estate agency work to cease on discharge), for paragraph (b) there shall be substituted the following paragraph—

“(b) he is discharged from bankruptcy.”

The M31Public Passenger Vehicles Act 1981U.K.

Marginal Citations

34U.K.In section 19(3) of the Public Passenger Vehicles Act 1981 (holder of PSV operator’s licence to give notice of bankruptcy etc.), after the word “estate” there shall be inserted the words “or the making of an administration order under Chapter III of Part II of the Insolvency Act 1985 in relation to the holder”.

The M32[F22Senior Courts Act 1981]U.K.

Textual Amendments

Marginal Citations

F2335U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23Sch. 8 para. 35 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 6

The M33Civil Jurisdiction and Judgments Act 1982U.K.

Marginal Citations

36U.K.After paragraph (b) of section 18(3) of the Civil Jurisdiction and Judgments Act 1982 (judgments to which provisions relating to the enforcement of judgments within the United Kingdom do not apply), there shall be inserted the following paragraph—

“(ba) a judgment given in the exercise of jurisdiction in relation to insolvency law, within the meaning of section 213 of the Insolvency Act 1985;”.

The M34Insurance Companies Act 1982U.K.

Marginal Citations

37(1)The Insurance Companies Act 1982 shall be amended as follows.U.K.

F24(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 56 (continuation of long term business of insurance companies in liquidation)—

(a)in subsection (4), for the words “Section 556(3) of the Companies Act” and for the words “section 556 of the Companies Act” there shall be substituted, respectively, the words “Section 90(5) of the Insolvency Act 1985” and the words “section 90 of the said Act of 1985”;

(b)in subsection (7), for the words “committee of inspection” there shall be substituted the words “a specified committee”.

(4)In section 59 (winding-up rules)—

(a)in subsection (1), for the words “section 663 of the Companies Act” there shall be substituted the words “section 106 of the Insolvency Act 1985”; and

(b)in subsection (2), for the words “section 663 of the Companies Act” and the words “section 614 of, and schedule 19 to, the Companies Act” there shall be substituted, respectively, the words “section 106 of the Insolvency Act 1985” and the words “section 89 of, and schedule 4 to, the Insolvency Act 1985”.

Textual Amendments

The M35County Courts Act 1984U.K.

Marginal Citations

38(1)The County Courts Act 1984 shall be amended as follows.E+W+S

F25(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25Sch. 8 para. 38(2)(3) repealed by 1993 c. 50, s. 1(1), Sch. 1 Pt. I, Group I

The Housing Act 1985U.K.

39(1)The Housing Act 1985 shall be amended as follows.U.K.

(2)In paragraph 3(4) of schedule 18 (suspension of condition as to residence), for the words “is administered in bankruptcy under section 130 of the Bankruptcy Act 1914” there shall be substituted the words “falls to be administered in accordance with an order under section 228 of the Insolvency Act 1985”.

(3)In paragraph 5(3) of that schedule (conditions affecting house purchased by means of advance), for the words “being administered in bankruptcy under section 130 of the Bankruptcy Act 1914” there shall be substituted the words “falling to be administered in accordance with an order under section 228 of the Insolvency Act 1985”.

The M36Administration of Justice Act 1985U.K.

Marginal Citations

40U.K.In section 16(1)(g) of the Administration of Justice Act 1985 (conditional licences), for the words “and having obtained his discharge” there shall be substituted the words “and discharged”.

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