C2Part XI Interpretation for Second Group of Parts

Annotations:
Modifications etc. (not altering text)
C2

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)

385 Miscellaneous definitions. C1

1

The following definitions have effect—

  • “the court”, in relation to any matter, means the court to which, in accordance with section 373 in Part X and the rules, proceedings with respect to that matter are allocated or transferred;

  • “creditor’s petition” means a bankruptcy petition under section 264(1)(a);

  • F1“criminal bankruptcy order” means an order under section 39(1) of the M1Powers of Criminal Courts Act 1973;

  • “debt” is to be construed in accordance with section 382(3);

  • “the debtor”—

    1. za

      F2in relation to a debt relief order or an application for such an order, has the same meaning as in Part 7A,

    2. a

      in relation to a proposal for the purposes of Part VIII, means the individual making or intending to make that proposal, and

    3. b

      in relation to a bankruptcy petition, means the individual to whom the petition relates;

  • “debtor’s petition” means a bankruptcy petition presented by the debtor himself under section 264(1)(b);

  • F3“debt relief order” means an order made by the official receiver under Part 7A;

  • “dwelling house” includes any building or part of a building which is occupied as a dwelling and any yard, garden, garage or outhouse belonging to the dwelling house and occupied with it;

  • “estate”, in relation to a bankrupt is to be construed in accordance with section 283 in Chapter II of Part IX;

  • “family”, in relation to a bankrupt, means the persons (if any) who are living with him and are dependent on him;

  • F4“insolvency administration order” means an order for the administration in bankruptcy of the insolvent estate of a deceased debtor (being an individual at the date of his death);

  • “insolvency administration petition” means a petition for an insolvency administration order;

  • “secured” and related expressions are to be construed in accordance with section 383;

  • F4“the Rules” means the Insolvency Rules 1986. and

  • “the trustee”, in relation to a bankruptcy and the bankrupt, means the trustee of the bankrupt’s estate.

2

References in this Group of Parts to a person’s affairs include his business, if any.