The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016

Third Parties (Rights against Insurers) Act 2010

35.—(1) The Third Parties (Rights against Insurers) Act 2010(1) 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)”.

(1)

2010 c.10.