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The Public Lending Right Scheme 1982 (Commencement) Order 1982

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APPENDIXPUBLIC LENDING RIGHT SCHEME 1982 ARRANGEMENT OF SCHEME

PART IIIREGISTRATION OF PUBLIC LENDING RIGHT

Transfer on bankruptcy, liquidation or sequestration

Registration of Trustee in Bankruptcy in place of Official Receiver, Assignees in Bankruptcy or Judicial Factor

29.—(1) Where the Official Receiver or the Official Assignee has been registered as registered owner and some other person is subsequently appointed trustee, or, in Northern Ireland, a creditor's assignee is appointed, the trustee or the assignee may be registered as registered owner in place of the Official Receiver, or the Official Assignee, on production of an office copy of the certificate by the Department of Trade of his appointment as trustee, or in Northern Ireland an office copy of the certificate under section 90 of the Bankruptcy (Ireland) Amendment Act 1872 or of the certificate of the vesting of the estate and effects of the registered owner in the assignee.

(2) Where a judicial factor has been registered as an owner in terms of Article 28(2) and some other person is subsequently elected as a trustee for behoof of the creditors of the former registered owner, the Registrar, on receipt of the notification of such election and of sufficient evidence to demonstrate that that person has been so elected, shall enter in the Register the name of the trustee as registered owner with the addition of the words “trustee in the estate of [name]”.

(3) If the Official Receiver or the Official Assignee has not been entered on the Register under Article 28 (1) the trustee or the assignee may be registered as registered owner on production of office copies of the Order adjudging the registered owner bankrupt and the appropriate certificate referred to in paragraph (1) with a certificate signed by the trustee or the assignee that the registered interest is part of the property of the bankrupt divisible amongst his creditors.

(4) If a judicial factor has not been entered in the Register as owner under Article 28(2) the Registrar shall, on receipt of the certified copy of an Order of a Court under Article 28(2) together with the notification and evidence referred to in paragraph (2), enter in the Register as registered owner the name of the duly elected trustee with the addition of the words “trustee in the estate of [name]”.

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