- Latest available (Revised)
- Point in Time (06/04/2008)
- Original (As enacted)
Version Superseded: 01/10/2009
Point in time view as at 06/04/2008.
There are currently no known outstanding effects for the Insolvency Act 1985.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
An Act to make provision with respect to the insolvency of companies and individuals, the winding up of companies, the disqualification and personal liability of persons involved in the management of companies and the avoidance of certain transactions at an undervalue; and for connected purposes.
[30th October 1985]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Commencement Information
I1Act not in force at Royal Assent see s.236(2); Act wholly in force at 29.12.1986.
Textual Amendments
F1Ss. 1–11, 15, 17, 19–107, 108(1)(3)–(7), 109–212, 216, 221–234, 235(2)–(5), 236(3)–(5) repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
Textual Amendments
Textual Amendments
F3Ss. 1–11, 15, 17, 19–107, 108(1)(3)–(7), 109–212, 216, 221–234, 235(2)–(5), 236(3)–(5) repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
Textual Amendments
Textual Amendments
F5Ss. 1–11, 15, 17, 19–107, 108(1)(3)–(7), 109–212, 216, 221–234, 235(2)–(5), 236(3)–(5) repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
Textual Amendments
Textual Amendments
F7Ss. 1–11, 15, 17, 19–107, 108(1)(3)–(7), 109–212, 216, 221–234, 235(2)–(5), 236(3)–(5) repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
(3)—(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
Textual Amendments
F8Ss. 1–11, 15, 17, 19–107, 108(1)(3)–(7), 109–212, 216, 221–234, 235(2)–(5), 236(3)–(5) repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
Textual Amendments
F10Ss. 1–11, 15, 17, 19–107, 108(1)(3)–(7), 109–212, 216, 221–234, 235(2)–(5), 236(3)–(5) repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
Textual Amendments
F11Ss. 1–11, 15, 17, 19–107, 108(1)(3)–(7), 109–212, 216, 221–234, 235(2)–(5), 236(3)–(5) repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
Textual Amendments
F12Ss. 1–11, 15, 17, 19–107, 108(1)(3)–(7), 109–212, 216, 221–234, 235(2)–(5), 236(3)–(5) repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
(1)An order made by a court in any part of the United Kingdom in the exercise of jurisdiction in relation to insolvency law shall be enforced in any other part of the United Kingdom as if it were made by a court exercising the corresponding jurisdiction in that other part ; but, without prejudice to the following provisions of this section, nothing in this subsection shall require a court in any part of the United Kingdom to enforce, in relation to property situated in that part, any order made by a court in any other part of the United Kingdom.
(2)The Secretary of State, with the concurrence in relation to property situated in EngIand and Wales of the Lord Chancellor, may by order make provision for securing that a trustee or assignee under the insolvency law of any part of the United Kingdom has, with such modifications as may be specified in the order, the same rights in relation to any property situated in another part of the United Kingdom as he would have in the corresponding circumstances if he were a trustee or assignee circumstances under the insolvency law of that other part.
(3)The courts having jurisdiction in relation to insolvency law in any part of the United Kingdom shall assist the courts having the corresponding jurisdiction in any other part of the United Kingdom or any relevant country or territory.
(4)For the purposes of subsection (3) above a request made to a court in any part of the United Kingdom by a court in any other part of the United Kingdom or in a relevant country or territory shall be authority for the court to which the request is made to apply, in relation to any matters specified in the request, the insolvency law which is applicable by either court in relation to comparable matters falling within its jurisdiction ; and in exercising its discretion under this subsection, a court shall have regard in particular to the rules of private international law.
(5)Where a person who is a trustee or assignee under the insolvency law of any part of the United Kingdom claims property situated in any other part of the United Kingdom (whether by virtue of an order under subsection (2) above or otherwise), the submission of that claim to the court exercising jurisdiction in relation to insolvency law in that other part shall be treated in the same manner as a request made by a court for the purposes of subsection (3) above.
(6)Section 38 of the M1Criminal Law Act 1977 (execution of warrant of arrest throughout the United Kingdom) shall apply to a warrant which, in exercise of any jurisdiction in relation to insolvency law, is issued in any part of the United Kingdom for the arrest of a person as it applies to a warrant issued in that part of the United Kingdom for the arrest of a person charged with an offence.
(7)Without prejudice to any power to make rules of court, any power to make provision by subordinate legislation for the purpose of giving effect in relation to companies or individuals to the insolvency law of any part of the United Kingdom shall include power to make provision for the purpose of giving effect in that part to any provision made by or under the preceding provisions of this section.
(8)An order under subsection (2) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(9)In this section “insolvency law” means—
(a)in relation to England and Wales, provision extending to England and Wales and made by or under this Act or Parts XIX to XXI of the 1985 Act;
(b)in relation to Scotland, provision extending to Scotland and made by or under this Act, Parts XVIII to XXI of the 1985 Act or the M2Bankruptcy (Scotland) Act 1985;
(c)in relation to Northern Ireland, provision made by or under the Bankruptcy Acts (Northern Ireland) 1857 to 1980, Part V, VI or IX of the M3Companies Act (Northern Ireland) 1960 or Part IV of the M4Companies (Northern Ireland) Order 1978;
(d)in relation to any relevant country or territory, so much of the law of that country or territory as corresponds to provisions falling within any of the foregoing paragraphs;
and references in this subsection to any enactment include, in relation to any time before the coming into force of that enactment, references to the corresponding enactment in force at that time.
(10)In this section “relevant country or territory” means—
(a)any of the Channel Islands or the Isle of Man; or
(b)any country or territory designated for the purposes of this section by the Secretary of State by order made by statutory instrument.]
Textual Amendments
F13Ss. 213, 214, 217(1)-(3) repealed (E.W.S.) by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
Marginal Citations
(1)Where a court in England and Wales or Northern Ireland adjudges an individual bankrupt or a court in Scotland awards sequestration of an individual’s estate, the individual shall be disqualified—
(a)for sitting or voting in the House of Lords
(b)for being elected to, or sitting or voting in, the House of Commons; and
(c)for sitting or voting in a committee of either House.
(2)Where an individual is disqualified under this section, the disqualification shall cease—
(a)except where the adjudication is annulled or the award recalled or reduced without the individual having been first discharged, on the discharge of the individual; and
(b)in the said excepted case, on the annulment, recall or reduction, as the case may be.
(3)No writ of summons shall be issued to any lord of Parliament who is for the time being disqualified under this section for sitting and voting in the House of Lords.
(4)Where a member of the House of Commons who is disqualified under this section continues to be so disqualified until the end of the period of six months beginning with the day of the adjudication or award, his seat shall be vacated at the end of that period.
(5)A court which makes an adjudication or award such as is mentioned in subsection (1) above in relation to any lord of Parliament or member of the House of Commons shall forthwith certify the adjudication or award to the Speaker of the House of Lords or, as the case may be, to the Speaker of the House of Commons.
(6)Where a court has certified an adjudication or award to the Speaker of the House of Commons under subsection (5) above, then, immediately after it becomes apparent which of the following certificates is applicable, the court shall certify to the Speaker of the House of Commons—
(a)that the period of six months beginning with the day of the adjudication or award has expired without the adjudication or award having been annulled, recalled or reduced; or
(b)that the adjudication or award has been annulled, recalled or reduced before the end of that period.
(7)Subject to the preceding provisions of this section, so much of this Act and of any other enactment (whenever passed) and of any subordinate legislation (whenever made) as—
(a)makes provision for or in connection with bankruptcy in one or more parts of the United Kingdom; or
(b)makes provision conferring a power of arrest in connection with the winding up or insolvency of companies in one or more parts of the United Kingdom,
shall apply in relation to persons having privilege of Parliament or peerage as it applies in relation to persons not having such privilege.]
Textual Amendments
F14Ss. 213, 214, 217(1)-(3) repealed (E.W.S.) by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
Textual Amendments
F15S. 215 repealed by Land Registration Act 1988 (c. 3, SIF 98:2), s. 2, Sch.
Textual Amendments
F16Ss. 1–11, 15, 17, 19–107, 108(1)(3)–(7), 109–212, 216, 221–234, 235(2)–(5), 236(3)–(5) repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
[F17(1)No restriction in respect of any of the matters specified in subsection (2) below shall, after the coming into force of this section, be regarded as a restriction by virtue of which the M5Restrictive Trade Practices Act 1976 applies to any agreement (whenever made).
(2)The said matters are—
(a)the charges to be made, quoted or paid for insolvency services supplied, offered or obtained;
(b)the terms or conditions on or subject to which insolvency services are to be supplied or obtained;
(c)the extent (if any) to which, or the scale (if any) on which, insolvency services are to be made available, supplied or obtained;
(d)the form or manner in which insolvency services are to be made available, supplied or obtained;
(e)the persons or classes of persons for whom or from whom, or the areas or places in or from which, insolvency services are to be made available or supplied or are to be obtained.
(3)In this section “insolvency services” means the services of persons acting as insolvency practitioners or carrying out under the law of Northern Ireland functions corresponding to those mentioned in section 1(2) or (3) above, in their capacity as such; and expressions which are also used in the said Act of 1976 have the same meanings as in that Act.]
(4)In Schedule 1 to the said Act of 1976 (services excluded from designated services), after paragraph 9 there shall be inserted the following paragraph—
“9AInsolvency services within the meaning of section 217 of the Insolvency Act 1985.”
Textual Amendments
F17Ss. 213, 214, 217(1)–(3) repealed (E.W.S.) by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
Marginal Citations
Textual Amendments
F18S. 218 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F19S. 219 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 6
(1)The M6County Courts Act 1984 shall be amended as follows.
(2)In section 112(4)(b) (minimum amount which must be owed to creditor presenting, or joining in, a bankruptcy petition while administration order is in force), for “£400” there shall be substituted “£1500”.
(3)In subsection (1) of section 115 (execution while administration order is in force if debtor’s property exceeds £10 in value), for “£10” there shall be substituted the words “the minimum amount”.
(4)After subsection (1) of the said section 115 there shall be inserted the following subsection—
“(1A)In subsection (1) above “the minimum amount” means £50 or such other amount as the Lord Chancellor may by order specify instead of that amount or the amount for the time being specified in such an order; and an order under this subsection shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”
Marginal Citations
Textual Amendments
F20Ss. 1–11, 15, 17, 19–107, 108(1)(3)–(7), 109–212, 216, 221–234, 235(2)–(5), 236(3)–(5) repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
Textual Amendments
F21Ss. 1–11, 15, 17, 19–107, 108(1)(3)–(7), 109–212, 216, 221–234, 235(2)–(5), 236(3)–(5) repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
Textual Amendments
F22Ss. 1–11, 15, 17, 19–107, 108(1)(3)–(7), 109–212, 216, 221–234, 235(2)–(5), 236(3)–(5) repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
(1)The enactments mentioned in Schedule 8 to this Act shall have effect with the amendments there specified (being amendments consequential on the provisions of this Act).
(2)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23
Textual Amendments
F23Ss. 1–11, 15, 17, 19–107, 108(1)(3)–(7), 109–212, 216, 221–234, 235(2)–(5), 236(3)–(5) repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
(1)This Act may be cited as the Insolvency Act 1985.
F24(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25
Subordinate Legislation Made
P1Power of appointment conferred by s. 236(2) exercised: S.I. 1986/6, 185, 463, 840 and 1924
Textual Amendments
F24S. 236(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 6
F25Ss. 1–11, 15, 17, 19–107, 108(1)(3)–(7), 109–212, 216, 221–234, 235(2)–(5), 236(3)–(5) repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
Section 8.
1—4.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
Textual Amendments
F26Sch. 1 paras. 1–4, 5(4), Schs. 3–5, Sch. 6 paras. 5, 6, 9, 15–17, 20–22, 25–44, 48–52, Sch. 7, Sch. 9 paras. 1, 4–24, Sch. 10 repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
F275U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F27Sch. 1 para. 5 repealed (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 Pt.I.
6(1)In Part III of Schedule 1 to the M7House of Commons Disqualification Act 1975 (disqualifying offices), there shall be inserted at the appropriate place the following entry—U.K.
“Any member of the Insolvency Practitioners Tribunal in receipt of remuneration.”
(2)A corresponding amendment shall be made in Part III of Schedule 1 to the M8Northern Ireland Assembly Disqualification Act 1975.
Textual Amendments
Textual Amendments
F29Sch. 1 paras. 1–4, 5(4), Schs. 3–5, Sch. 6 paras. 5, 6, 9, 15–17, 20–22, 25–44, 48–52, Sch. 7, Sch. 9 paras. 1, 4–24, Sch. 10 repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
Section 109.
1, 2.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30
Textual Amendments
3U.K.In section 441(1) (inspector’s report to be evidence of opinion of inspectors), at the end there shall be inserted the words “ and, in proceedings on an application under section 13 of the Insolvency Act 1985, as evidence of any fact stated therein ”.
F314U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F31Sch. 6 para. 4 repealed (6.4.2005) by Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), s. 65(1), Sch. 8; S.I. 2004/3322, art. 2(2), Sch. 2
5, 6.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32
Textual Amendments
F32Sch. 1 paras. 1–4, 5(4), Schs. 3–5, Sch. 6 paras. 5, 6, 9, 15–17, 20–22, 25–44, 48–52, Sch. 7, Sch. 9 paras. 1, 4–24, Sch. 10 repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
7U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33
Textual Amendments
F33Sch. 6 para. 7 repealed by Company Directors Disqualification Act 1986 (c. 46, SIF 27), s. 23(2), Sch. 4 and also expressed to be repealed in part (subject to the transitional and saving provisions mentioned in S.I. 1990/355, art. 5) by Companies Act 1989 (c. 40, SIF 27), ss. 212, 213(2), Sch. 24
F348U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F34Sch. 6 para. 8 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 6
9U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35
Textual Amendments
F35Sch. 1 paras. 1–4, 5(4), Schs. 3–5, Sch. 6 paras. 5, 6, 9, 15–17, 20–22, 25–44, 48–52, Sch. 7, Sch. 9 paras. 1, 4–24, Sch. 10 repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
10U.K.In sections 395(1) and 410(2) (certain charges void if not registered), after the word “liquidator” there shall be inserted the words “ or administrator ”.
F3611U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F36Sch. 6 repealed (6.4.2008 for the repeal of Sch. 6 paras. 11, 12) by Companies Act 2006 (c. 46), s. 1300(2), Sch. 16; S.I. 2007/3495, art. 8(a), Sch. 2 Pt. 1 (with arts. 7 12)
F3612U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F36Sch. 6 repealed (6.4.2008 for the repeal of Sch. 6 paras. 11, 12) by Companies Act 2006 (c. 46), s. 1300(2), Sch. 16; S.I. 2007/3495, art. 8(a), Sch. 2 Pt. 1 (with arts. 7 12)
13U.K.In section 478(6) (receiver to be appointed within one month of cessation of appointment of earlier receiver), at the end there shall be inserted the words—
“and for the purposes of calculating the period of one month under this subsection no account shall be taken of any period during which an administration order under Part II of the Insolvency Act 1985 is in force”.
14U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37
Textual Amendments
15—17.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38
Textual Amendments
F38Sch. 1 paras. 1–4, 5(4), Schs. 3–5, Sch. 6 paras. 5, 6, 9, 15–17, 20–22, 25–44, 48–52, Sch. 7, Sch. 9 paras. 1, 4–24, Sch. 10 repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
18U.K.In subsection (3) of section 463 (effect of floating charge on winding up), for the words “section 614(2)” there shall be substituted the words “ section 89 of the Insolvency Act 1985 ”.
19U.K.In subsection (6) of section 464 (ranking of floating charges), for the words “section 614(2) (preferential debts in winding up)” there shall be substituted the words “ section 89 of the Insolvency Act 1985 ”.
20—22.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39
Textual Amendments
F39Sch. 1 paras. 1–4, 5(4), Schs. 3–5, Sch. 6 paras. 5, 6, 9, 15–17, 20–22, 25–44, 48–52, Sch. 7, Sch. 9 paras. 1, 4–24, Sch. 10 repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
23U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40
Textual Amendments
F40Sch. 6 paras. 23, 45 repealed by Companies Act 1989 (c. 40, SIF 27), ss. 212, 213(2) Sch. 24
24U.K.For subsection (6) of section 461 (application of winding-up rules to petition under Part XVI) there shall be substituted the following subsection—
“(6)The power under section 106 of the Insolvency Act 1985 to make rules shall, so far as it relates to a winding-up petition, apply for the purposes of a petition under this Part.”
25—44.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41
Textual Amendments
F41Sch. 1 paras. 1–4, 5(4), Schs. 3–5, Sch. 6 paras. 5, 6, 9, 15–17, 20–22, 25–44, 48–52, Sch. 7, Sch. 9 paras. 1, 4–24, Sch. 10 repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
45U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42
Textual Amendments
F42Sch. 6 paras. 23, 45 repealed by Companies Act 1989 (c. 40, SIF 27), ss. 212, 213(2) Sch. 24
46U.K.For subsection (2) of section 657 (effect of Crown disclaimer) there shall be substituted the following subsection—
“(2)As regards property in England and Wales, subsections (3) and (5) to (7) of section 91 of the Insolvency Act 1985 and section 92 of that Act shall apply as if the property had been disclaimed by the liquidator under the said section 91 immediately before the dissolution of the company.”
47U.K.For subsection (1) of section 658 (application of section 620) there shall be substituted the following subsection—
“(1)Subsection (7) of section 91 of the Insolvency Act 1985 shall apply to land in England and Wales which by operation of law vests subject to a rentcharge in the Crown or any other person on the dissolution of a company as it applies to land so vesting on a disclaimer under that section.”
48—52.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43
Textual Amendments
F43Sch. 1 paras. 1–4, 5(4), Schs. 3–5, Sch. 6 paras. 5, 6, 9, 15–17, 20–22, 25–44, 48–52, Sch. 7, Sch. 9 paras. 1, 4–24, Sch. 10 repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
Textual Amendments
F44Sch. 1 paras. 1–4, 5(4), Schs. 3–5, Sch. 6 paras. 5, 6, 9, 15–17, 20–22, 25–44, 48–52, Sch. 7, Sch. 9 paras. 1, 4–24, Sch. 10 repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
Section 235.
Marginal Citations
1U.K.In section 11 of the Bills of Sale Act (1878) Amendment Act 1882 (local registration of bills of sale), for the words “the London bankruptcy district as defined by the Bankruptcy Act 1869” and the words “the said London bankruptcy district” there shall be substituted, in each case, the words “the London insolvency district”.
Marginal Citations
2(1)The Deeds of Arrangement Act 1914 shall be amended as follows.U.K.
(2)In subsections (1) and (4) of section 3 (extension by court having jurisdiction in bankruptcy of period for assent and registration), for the words “in bankruptcy in” there shall be substituted the words “for the purposes of Part III of the Insolvency Act 1985 in relation to”.
(3)In section 11 (security of trustee)—
(a)in subsection (1), for the words “in bankruptcy in” and the words “London bankruptcy district” there shall be substituted, respectively, the words “for the purposes of Part III of the Insolvency Act 1985 in relation to” and the words “London insolvency district”; and
(b)in subsection (2), for the words “in bankruptcy in” there shall be substituted the words “for the purposes of Part III of the Insolvency Act 1985 in relation to”.
(4)In section 13(2) (default in transmission of accounts to Secretary of State), for the words from “and the judge” onwards there shall be substituted the words “and, in addition, shall be guilty of contempt of court and liable to be punished accordingly”.
(5)In section 14 (transmission of accounts to creditors), for the words from “the High Court” onwards there shall be substituted the words “he shall be guilty of contempt of court and liable to be punished accordingly”.
(6)In section 15(1) (audit of accounts in accordance with the M11Bankruptcy Act 1914), for the words “all the provisions of the Bankruptcy Act 1914” there shall be substituted the words “any rules made under section 207 of the Insolvency Act 1985”.
(7)In section 16 (payment of undistributed moneys into court), for the words “in bankruptcy in” there shall be substituted the words “for the purposes of Part III of the Insolvency Act 1985 in relation to”.
(8)In section 19(1) (provisions for protection of trustees under void deeds), for the words “receiving order” there shall be substituted the words “bankruptcy order”.
(9)In section 23 (courts in which applications for enforcement of trusts to be made), for the words “in bankruptcy in” there shall be substituted the words “for the purposes of Part III of the Insolvency Act 1985 in relation to”.
(10)In section 30(1) (interpretation), for the words “the Bankruptcy Act 1914” there shall be substituted the words “the Insolvency Act 1985”.
Marginal Citations
Marginal Citations
3U.K.In section 103 of the Settled Land Act 1925 (legal estate in settled land not to vest in trustee in bankruptcy of estate owner), for the words from the beginning to “an” there shall be substituted the words “For the purposes of determining, where the estate owner of any settled land is bankrupt, whether the legal estate in the settled land is comprised in, or is capable of being claimed for, the bankrupt’s estate, the legal estate in the settled land shall be deemed not to vest in the”.
Marginal Citations
4U.K.In section 52(2)(b) of the Law of Property Act 1925 (exceptions from requirement that conveyances are to be by deed), for the words “section fifty-four of the M14Bankruptcy Act 1914” there shall be substituted the words “section 91 or 161 of the Insolvency Act 1985”.
Marginal Citations
Marginal Citations
F455U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F45Sch. 8 para. 5 repealed (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)
Marginal Citations
6U.K.In section 7 of the Agricultural Credits Act 1928 (effect of floating charge), in paragraph (a)(i) of the proviso, for the words “receiving order in bankruptcy” there shall be substituted the words “bankruptcy order”.
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”.
8U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46
Textual Amendments
9U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47
Textual Amendments
Marginal Citations
F4810U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F48Sch. 8 para. 10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 6
Marginal Citations
11U.K.In section 40 of the Administration of Justice Act 1956 (effect of registration of judgments of courts outside England and Wales)—
(a)the words “the Bankruptcy Act 1914” shall be omitted; and
(b)for the words “those Acts” there shall be substituted the words “the said Act of 1869”.
Marginal Citations
F4912U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F49Sch. 8 para. 12 repealed (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 4)
Marginal Citations
13U.K.In paragraph (b) of the proviso to section 1(1) of the Law of Property (Joint Tenants) Act 1964 (assumptions on sale of land by survivor of joint tenants), for the words “a receiving order in bankruptcy” there shall be substituted the words “a bankruptcy order”.
F5014U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F50Sch. 8 para. 14 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 6
Marginal Citations
15U.K.In section 72(4) of the Medicines Act 1968 (which specifies the persons who may carry on the business of a pharmacist in the case of his death or disability), at the end there shall be inserted the words—
“; and in paragraph (b) above the reference to a trustee appointed under a composition, scheme or deed of arrangement includes a reference to the supervisor of a composition or scheme proposed for the purposes of, and approved under, Chapter I of Part III of the Insolvency Act 1985.”
Marginal Citations
F5116U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F51Sch. 8 para. 16 repealed (1.1.1996) by 1994 c. 40, s. 81, Sch. 17; S.I. 1995/2835, art. 2 (with Sch.) and expressed to be repealed (1.1.1996) by 1995 c. 23, s. 60(2), Sch. 8 Pt. I (with ss. 54, 55); S.I. 1995/2181, art. 2 (with Sch.)
F5217U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F52Sch. 8 para. 17 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 6
Marginal Citations
18U.K.In schedule 3 to the Conveyancing and Feudal Reform (Scotland) Act 1970 (the standard conditions of a security), in standard condition 9(2)(b), for the words from “or an order” to “1925” there shall be substituted the words “or his estate falls to be administered in accordance with an order under section 228 of the Insolvency Act 1985”.
Marginal Citations
19U.K.In section 5(2) of the Superannuation Act 1972 (rule that benefit is unassignable not to affect powers of court under section 51(2) of the M27Bankruptcy Act 1914)—
(a)for the words “section 51(2) of the Bankruptcy Act 1914” there shall be substituted the words “section 156 of the Insolvency Act 1985”; and
(b)for the words “the said section 51(2)” there shall be substituted the words “section 51(2) of the Bankruptcy Act 1914 or the said section 156”.
Marginal Citations
Marginal Citations
F5320U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F53Sch. 8 para. 20 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 6
Marginal Citations
21(1)The Land Charges Act 1972 shall be amended as follows.U.K.
(2)In section 5(8) (unregistered bankruptcy petition not to bind purchaser in good faith, for money or money’s worth without notice of an available act of bankruptcy) the words “without notice of an available act of bankruptcy” shall be omitted.
(3)In section 6 (the register of writs and orders affecting land)—
(a)for paragraph (c) of subsection (1) there shall be substituted the following paragraph—
“(c) any bankruptcy order, whether or not the bankrupt’s estate is known to include land,”;
(b)in subsection (3), for the words “receiving order in bankruptcy” there shall be substituted the words “bankruptcy order”;
(c)for subsection (5) there shall be substituted the following subsection—
“(5)Subject to subsection (6) below, the title of a trustee in bankruptcy shall be void as against a purchaser of a legal estate in good faith for money or money’s worth unless the bankruptcy order is for the time being registered under this section.”; and
(d)in subsection (6), the words “without notice of an available act of bankruptcy” shall be omitted.
(4)In section 16(2) (general rules)—
(a)for the words “general rules under section 132 of the M30Bankruptcy Act 1914 for carrying into effect the objects of that Act” there shall be substituted the words “rules under section 207 of the Insolvency Act 1985”;
(b)for the words “a receiving order in bankruptcy” there shall be substituted the words “a bankruptcy order”; and
(c)for the words “by that Act” there shall be substituted the words “by Part III of that Act”.
Marginal Citations
Marginal Citations
F5422U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F54Sch. 8 para. 22 repealed (1.4.2004) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/2093, art. 2(2), Sch. 2
Marginal Citations
23U.K.In section 39 of the Matrimonial Causes Act 1973 (settlement etc. made in compliance with a property adjustment order may be avoided on bankruptcy of settlor), for the words from “a settlement of” onwards there shall be substituted the words “a transaction in respect of which an order may be made under section 174 of the Insolvency Act 1985 (transactions at an undervalue and preferences)”.
24U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55
Textual Amendments
Marginal Citations
25U.K.In section 12(1)(i) of the Solicitors Act 1974 (application for a practising certificate by a person who has been adjudged bankrupt and has obtained his discharge), for the words “and having obtained his discharge” there shall be substituted the words “and discharged”.
Marginal Citations
F5626U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F56Sch. 8 para. 26 repealed (7.2.1994) by 1993 c. 48, s. 188(1)(3), Sch. 5 Pt.I; S.I. 1994/86, art. 2
Marginal Citations
27U.K.In section 1(2) of the Recess Elections Act 1975 (which defines certain expressions used in that Act), in the definition of “certificate of vacancy” for the words from “the relevant bankruptcy enactment” to the end of paragraph (b) there shall be substituted the words “section 214(6)(a) of the Insolvency Act 1985”.
Marginal Citations
F5728E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F57Sch. 8 para. 28 repealed (5.11.1993) by 1993 c.50, s. 1(1), Sch. 1 Pt I, Group I
Marginal Citations
F5829E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F58Sch. 8 para. 29 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3(1), 4(2), Sch. 3 Pt.1 (with Sch. 2 paras. 10, 14(1), 15).
30U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59
Textual Amendments
Marginal Citations
31F60(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F60(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F61(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62
F60(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F60Sch. 8 para. 31(1)(2)(5) repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)
F61Sch. 8 para. 31(3) repealed (7.2.1994) by 1993 c. 48, s. 188(1)(3), Sch. 5 Pt. I; S.I. 1994/86, art. 2
F6332U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F63Sch. 8 para. 32 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 6
Marginal Citations
33U.K.In section 23(2) of the Estate Agents Act 1979 (prohibition on bankrupts engaging in estate agency work to cease on discharge), for paragraph (b) there shall be substituted the following paragraph—
“(b) he is discharged from bankruptcy.”
Marginal Citations
34U.K.In section 19(3) of the Public Passenger Vehicles Act 1981 (holder of PSV operator’s licence to give notice of bankruptcy etc.), after the word “estate” there shall be inserted the words “or the making of an administration order under Chapter III of Part II of the Insolvency Act 1985 in relation to the holder”.
Marginal Citations
F6435U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F64Sch. 8 para. 35 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 6
Marginal Citations
36U.K.After paragraph (b) of section 18(3) of the Civil Jurisdiction and Judgments Act 1982 (judgments to which provisions relating to the enforcement of judgments within the United Kingdom do not apply), there shall be inserted the following paragraph—
“(ba) a judgment given in the exercise of jurisdiction in relation to insolvency law, within the meaning of section 213 of the Insolvency Act 1985;”.
Marginal Citations
37(1)The Insurance Companies Act 1982 shall be amended as follows.U.K.
F65(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In section 56 (continuation of long term business of insurance companies in liquidation)—
(a)in subsection (4), for the words “Section 556(3) of the Companies Act” and for the words “section 556 of the Companies Act” there shall be substituted, respectively, the words “Section 90(5) of the Insolvency Act 1985” and the words “section 90 of the said Act of 1985”;
(b)in subsection (7), for the words “committee of inspection” there shall be substituted the words “a specified committee”.
(4)In section 59 (winding-up rules)—
(a)in subsection (1), for the words “section 663 of the Companies Act” there shall be substituted the words “section 106 of the Insolvency Act 1985”; and
(b)in subsection (2), for the words “section 663 of the Companies Act” and the words “section 614 of, and schedule 19 to, the Companies Act” there shall be substituted, respectively, the words “section 106 of the Insolvency Act 1985” and the words “section 89 of, and schedule 4 to, the Insolvency Act 1985”.
Textual Amendments
F65Sch. 8 para. 37(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 6
Marginal Citations
38(1)The County Courts Act 1984 shall be amended as follows.E+W+S
F66(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F66Sch. 8 para. 38(2)(3) repealed by 1993 c. 50, s. 1(1), Sch. 1 Pt. I, Group I
F67Sch. 8 para. 38(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 6
39(1)The Housing Act 1985 shall be amended as follows.U.K.
(2)In paragraph 3(4) of schedule 18 (suspension of condition as to residence), for the words “is administered in bankruptcy under section 130 of the Bankruptcy Act 1914” there shall be substituted the words “falls to be administered in accordance with an order under section 228 of the Insolvency Act 1985”.
(3)In paragraph 5(3) of that schedule (conditions affecting house purchased by means of advance), for the words “being administered in bankruptcy under section 130 of the Bankruptcy Act 1914” there shall be substituted the words “falling to be administered in accordance with an order under section 228 of the Insolvency Act 1985”.
Marginal Citations
40U.K.In section 16(1)(g) of the Administration of Justice Act 1985 (conditional licences), for the words “and having obtained his discharge” there shall be substituted the words “and discharged”.
Section 235.
1U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68
Textual Amendments
F68Sch. 1 paras. 1–4, 5(4), Schs. 3–5, Sch. 6 paras. 5, 6, 9, 15–17, 20–22, 25–44, 48–52, Sch. 7, Sch. 9 paras. 1, 4–24, Sch. 10 repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
2, 3.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69
Textual Amendments
4—10.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70
Textual Amendments
F70Sch. 1 paras. 1–4, 5(4), Schs. 3–5, Sch. 6 paras. 5, 6, 9, 15–17, 20–22, 25–44, 48–52, Sch. 7, Sch. 9 paras. 1, 4–24, Sch. 10 repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
11—24.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71
Textual Amendments
F71Sch. 1 paras. 1–4, 5(4), Schs. 3–5, Sch. 6 paras. 5, 6, 9, 15–17, 20–22, 25–44, 48–52, Sch. 7, Sch. 9 paras. 1, 4–24, Sch. 10 repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
Textual Amendments
F72Sch. 1 paras. 1–4, 5(4), Schs. 3–5, Sch. 6 paras. 5, 6, 9, 15–17, 20–22, 25–44, 48–52, Sch. 7, Sch. 9 paras. 1, 4–24, Sch. 10 repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: