The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012

Administration of Justice Act 1985

20.—(1) The Administration of Justice Act 1985(1) is amended as follows.

(2) In section 16 (conditional licences)—

(a) in subsection (1)—

(i) after paragraph (f), insert—

“(fa) while a moratorium under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);”; and

(ii) after paragraph (g), insert—

“(ga) after a debt relief order has been made in respect of him and at the end of the moratorium period applicable to the order he has been discharged from all the qualifying debts specified in the order;”;

(b) in subsection (4)—

(i) after “(f)” insert “(fa)”;

(ii) after “(g)” insert “(ga)”.

(3) In section 18 (suspension or termination of licences)—

(a) in subsection (1)—

(i) after “licensed conveyancer” insert “or a debt relief order (under Part 7A of the Insolvency Act 1986) is made in respect of a licensed conveyancer”; and

(ii) after “any such adjudication” insert “or any such order”;

(b) after subsection (2) insert—

“(2ZA) The suspension of a licence by virtue of subsection (1) shall terminate—

(a) if the debt relief order is revoked for reasons falling within section 251L(2)(d) of the Insolvency Act 1986 and a copy of the notice of the decision to revoke given to the debtor pursuant to Rule 5A.16 of the Insolvency Rules 1986 is provided to the Council or the debt relief order is revoked by the court under section 251M(e) and a copy of the order is provided to the Council; or

(b) if the debt relief order is revoked and a period of one year has elapsed beginning with the effective date of the order”.

(1)

1985 c.61, section 16(4) amended by the Legal Services Act 2007 (c.29), section 182, Schedule 17, part 1, paragraph 1, 5(1),(3)(b).