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Part XE+W Individual Insolvency: General Provisions

Modifications etc. (not altering text)

C1Second Group of Parts (Pts. 8-11) modified (31.12.1996) by 1991 c. 57, Sch. 10 (as substituted by 1995 c. 25, s. 120(1), Sch. 22 para. 183 (with ss. 7(6), 115, 117); S.I. 1996/2909, art. 3)

Second Group of Parts (Pts. 8-11) modified (11.11.1999 for specified purposes and 6.4.2002 otherwise) by 1999 c. 30, s. 12(1); S.I. 2002/153, art. 2(b)

374 Insolvency districts.E+W

(1)The Lord Chancellor may [F1, with the concurrence of the Lord Chief Justice,] by order designate the areas which are for the time being to be comprised, for the purposes of the Parts in this Group, in the London insolvency district and the insolvency district of each county court; and an order under this section may—

(a)exclude any county court from having jurisdiction for the purposes of those Parts, or

(b)confer jurisdiction for those purposes on any county court which has not previously had that jurisdiction.

(2)An order under this section may contain such incidental, supplemental and transitional provisions as may appear to the Lord Chancellor [F2and the Lord Chief Justice] necessary or expedient.

(3)An order under this section shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.

(4)Subject to any order under this section—

(a)the district which, immediately before the appointed day, is the London bankruptcy district becomes, on that day, the London insolvency district;

(b)any district which immediately before that day is the bankruptcy district of a county court becomes, on that day, the insolvency district of that court, and

(c)any county court which immediately before that day is excluded from having jurisdiction in bankruptcy is excluded, on and after that day, from having jurisdiction for the purposes of the Parts in this Group.

[F3(5)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

Modifications etc. (not altering text)

C2S. 374 applied (with modifications) by S.I. 1986/1999, art. 3, Sch. 1 Pt. II