Insolvency Act 1985 (c. 65)

SCHEDULES

SCHEDULE 8 U.K. Consequential Amendments

The Third Parties (Rights against Insurers) Act 1930 U.K.

7 (1) The Third Parties (Rights against Insurers) Act 1930 shall be amended as follows. U.K.

(2) In section 1 (rights of third parties against insurers on bankruptcy etc. of the insured)—

(a) in subsection (1)(b), after the words “winding-up order” there shall be inserted the words “or an administration order” and at the end there shall be inserted the words “or of a composition or scheme proposed for the purposes of Chapter II of Part II of the Insolvency Act 1985 being approved under that Chapter”;

(b) in subsection (2), for the words from “an order is made” to “law of bankruptcy” there shall be substituted the words “the estate of any person falls to be administered in accordance with an order under section 228 of the Insolvency Act 1985” and for the words “the said Act” there shall be substituted the words “any such order”;

(c) in subsection (3), for the words from “making of an order” to “his estate” there shall be substituted the words “estate of any person falling to be administered in accordance with an order under section 228 of the Insolvency Act 1985”.

(3) In section 2 (duty to give necessary information to third parties)—

(a) in subsection (1)—

(i) for the words from “an order being made” to “estate of any person” there shall be substituted the words “the estate of any person falling to the administered in accordance with an order under section 228 of the Insolvency Act 1985”;

(ii) after the words “winding-up order” there shall be inserted the words “or an administration order”, and

(iii) after the word “liquidator” there shall be inserted the word “administrator,”;

and

(b) after that subsection there shall be inserted the following subsection—

“(1A) The reference in subsection (1) of this section to a trustee includes a reference to the supervisor of a composition or scheme proposed for the purposes of, and approved under, Chapter II of Part II or Chapter I of Part III of the Insolvency Act 1985.”

(4) In section 3 (settlement between insurers and insured)—

(a) after the words “winding-up order” there shall be inserted the words “or an administration order”;

(b) after the words “or winding up” there shall be inserted the words “or the day of the making of the administration order”; and

(c) after the word “commencement”, in the second place where it occurs, there shall be inserted the words “or day”.

(5) In section 4(b) (application to Scotland), for the words from “an order” to “law of bankruptcy” there shall be substituted the words “an estate falling to be administered in accordance with an order under section 228 of the Insolvency Act 1985”.

8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

F1 Sch. 8 para. 8 repealed by Finance Act 1987 (c. 16, SIF 99:6), s. 72, Sch. 16 Pt. XI

9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F2 Sch. 8 paras. 9, 30 repealed by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99(1), 101(1), Sch. 13 para. 3, Sch. 15 Pt. I