The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005

Article 2(18)

SCHEDULE 18 AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO INSOLVENCY

PART 1 AMENDMENTS TO INSOLVENCY LEGISLATION

Insolvency Rules 1986

1.—(1) Amend the Insolvency Rules 1986(1) as follows.

(2) In Rule 6.237 (bankrupt’s home – notification of property falling within section 283A)—

(a) in paragraph (1)(b), after “spouse” insert “or civil partner”; and

(b) in paragraph (1)(c), after “former spouse” insert “or former civil partner”.

(3) In Rule 6.237A (application in respect of the vesting of an interest in a dwelling-house (registered land))—

(a) in paragraph (1)(a)(ii), after “spouse” insert “or civil partner”;

(b) in paragraph (1)(a)(iii), after “former spouse” insert “or former civil partner”; and

(c) in paragraph (4), after “former spouse” insert “or civil partner or former civil partner”.

(4) In Rule 6.237B (vesting of bankrupt’s interest (unregistered land))—

(a) in paragraph (1)(b), after “spouse” insert “or civil partner”;

(b) in paragraph (1)(c), after “former spouse” insert “or former civil partner”; and

(c) in paragraph (3), after “former spouse” insert “or civil partner or former civil partner”.

(5) In paragraph (2)(a) of Rule 6.237D (charging order), after “former spouse” insert “or civil partner or former civil partner”.

(6) In Schedule 4 (Forms), for Forms 6.28 and 6.83 substitute the Forms so numbered as set out in Part 2 of this Schedule.

Insolvent Partnerships Order 1994

2.—(1) Amend the Insolvent Partnerships Order 1994(2) as follows.

(2) In Schedule 4, in paragraph 28A (Section 283A: Individual member’s home ceasing to form part of estate), in modified section 283A—

(a) in subsection (1)(b) after “spouse” insert “or civil partner”; and

(b) in subsection (1)(c) after “former spouse” insert “or former civil partner”.

(3) In Schedule 4, in paragraph 29A (Section 313A: Low value home: application for sale, possession or charge), in modified section 313A—

(a) in subsection (1)(a)(ii) after “spouse” insert “or civil partner”; and

(b) in subsection (1)(a)(iii) after “former spouse” insert “or former civil partner”.

(4) In Schedule 7, in paragraph 7A (Section 283A: Bankrupt’s home ceasing to form part of estate), in modified section 283A—

(a) in subsection (1)(b) after “spouse” insert “or civil partner”; and

(b) in subsection (1)(c) after “former spouse” insert “or former civil partner”.

(5) In Schedule 7, paragraph 20A (Section 313A: Low value home: application for sale, possession or charge), in modified section 313A—

(a) in subsection (1)(a)(ii) after “spouse” insert “or civil partner”; and

(b) in subsection (1)(a)(iii) after “former spouse” insert “or former civil partner”.

Limited Liability Partnerships Regulations 2001

3.  In Schedule 3 to the Limited Liability Partnerships Regulations 2001(3), in the entry relating to section 435 of the Insolvency Act 1986(4) (meaning of “associate”), in the entry relating to the new subsection (3A), after “wife” insert “or civil partner”.

PART 2 FORMS FOR INSERTION INTO SCHEDULE 4 TO THE INSOLVENCY RULES 1986

(1)

S.I. 1986/1925; relevant amending instruments are S.I. 2003/1730 , 2005/527.

(2)

S.I. 1994/2421, amended by S.I. 2005/1516; there are other amending instruments but none is relevant.

(3)

S.I. 2001/1090, to which there are amendments not relevant to this Order.

(4)

1986 c. 45.