Insolvency Act 1986

385 Miscellaneous definitions. E+W

(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 M1 Powers of Criminal Courts Act 1973;]

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

• “the debtor”—

  (za)

  [F2 in relation to a debt relief order or an application for such an order, has the same meaning as in Part 7A,

  (a)

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

  (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.]

Textual Amendments

F1 Definition repealed (omitted 1.10.2008 repealed prosp.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123, 170, 171, Sch. 8 para. 16, Sch. 16; S.I. 1988/1408, art. 2, Sch.

F2 S. 385(1): para. (za) in definition of "the debtor" inserted (24.2.2009 for certain purposes otherwise 6.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 108(3), 148(5), Sch. 20 para. 5(2); S.I. 2009/382, {art, 2}

F3 S. 385(1): definition of "debt relief order" inserted (24.2.2009 for certain purposes otherwise 6.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 108(3), 148(5), Sch. 20 para. 5(3); S.I. 2009/382, art. 2

F4 Definitions added by S.I. 1986/1999, arts. 2, 6

Modifications etc. (not altering text)

C1 S. 385 applied with modifications by S.I. 1986/1999, art. 3, Sch. 1 Pt. II

Marginal Citations

M1 1973 c. 62.