Insolvency Act 1985 (c. 65)

SCHEDULES

Section 235.

SCHEDULE 8 U.K. Consequential Amendments

The M1 Bills of Sale Act (1878) Amendment Act 1882 U.K.

Marginal Citations

M1 1882 c. 43.

1 U.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”.

The M2 Deeds of Arrangement Act 1914 U.K.

Marginal Citations

M2 1914 c. 47.

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 M3 Bankruptcy 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

M3 1914 c. 59.

The M4 Settled Land Act 1925 U.K.

Marginal Citations

M4 1925 c. 18.

3 U.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”.

The M5 Law of Property Act 1925 U.K.

Marginal Citations

M5 1925 c. 20.

4 U.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 M6 Bankruptcy Act 1914” there shall be substituted the words “section 91 or 161 of the Insolvency Act 1985”.

Marginal Citations

M6 1914 c. 59.

The M7 Land Registration Act 1925 U.K.

Marginal Citations

M7 1925 c. 21.

F1 5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 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)

The M8 Agricultural Credits Act 1928 U.K.

Marginal Citations

M8 1928 c. 43.

6 U.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”.

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F2 Sch. 8 para. 8 repealed by Finance Act 1987 (c. 16, SIF 99:6), s. 72, Sch. 16 Pt. XI

9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F3 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

The M9 Arbitration Act 1950 U.K.

Marginal Citations

M9 1950 c. 27.

F4 10 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 8 para. 10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 6

The M10 Administration of Justice Act 1956 U.K.

Marginal Citations

M10 1956 c. 46.

11 U.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”.

The M11 Licensing Act 1964 U.K.

Marginal Citations

M11 1964 c. 26.

12 (1) The Licensing Act 1964 shall be amended as follows. U.K.

(2) For paragraph (c) of section 8(1) (justices’ licence to be transferred to trustee of licensee in the case of a bankruptcy or composition or scheme), there shall be substituted the following paragraph—

“(c) where the holder of the licence has been adjudged bankrupt, or a composition or scheme proposed by the holder of the licence has been approved under Chapter I of Part III of the Insolvency Act 1985, or a trustee has been appointed under a deed of arrangement within the meaning of the Deeds of Arrangement Act 1914 for the benefit of the creditors of the holder of the licence, to the trustee of the bankrupt’s estate or under the deed or the supervisor of the composition or scheme or the new tenant or occupier of the premises;”

(3) For subsection (5) of section 10 (protection orders where licensee dies or is adjudged bankrupt etc.) there shall be substituted the following subsection—

“(5) Where the holder of a justices’ licence has died or has been adjudged bankrupt, or a composition or scheme proposed by the holder of a justices’ licence has been approved under Chapter I of Part III of the Insolvency Act 1985, or a trustee has been appointed under a deed of arrangement within the meaning of the Deeds of Arrangement Act 1914 for the benefit of the creditors of the holder of a justices’ licence, the personal representatives or the person who is for the time being the trustee of the bankrupt’s estate or under the deed or the supervisor of the composition or scheme shall be in the same position as regards carrying on business under the licence as a person to whom a protection order has been validly granted on the date of the death, or, as the case may be, the date on which he became trustee or supervisor.”

The M12 Law of Property (Joint Tenants) Act 1964 U.K.

Marginal Citations

M12 1964 c. 63.

13 U.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”.

The M13 General Rate Act 1967 U.K.

Marginal Citations

M13 1967 c. 9.

F5 14 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 8 para. 14 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 6

The M14 Medicines Act 1968 U.K.

Marginal Citations

M14 1968 c. 67.

15 U.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.”

The M15 Transport Act 1968 U.K.

Marginal Citations

M15 1968 c. 73.

F6 16 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 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.)

The M16 Insolvency Services (Accounting and Investment) Act 1970 U.K.

Marginal Citations

M16 1970 c. 8.

F7 17 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 8 para. 17 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 6

The M17 Conveyancing and Feudal Reform (Scotland) Act 1970 U.K.

Marginal Citations

M17 1970 c. 35.

18 U.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”.

The M18 Superannuation Act 1972 U.K.

Marginal Citations

M18 1972 c. 11.

19 U.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 M19 Bankruptcy 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

M19 1914 c. 59.

The M20 Road Traffic Act 1972 U.K.

Marginal Citations

M20 1972 c. 20.

F8 20 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 8 para. 20 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 6

The M21 Land Charges Act 1972 U.K.

Marginal Citations

M21 1972 c. 61.

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 M22 Bankruptcy 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

M22 1914 c. 59.

The M23 Local Government Act 1972 U.K.

Marginal Citations

M23 1972 c. 70.

F9 22 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 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

The M24 Matrimonial Causes Act 1973 U.K.

Marginal Citations

M24 1973 c. 18.

23 U.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)”.

24 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F10 Sch. 8 para. 24 repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123, 170, Sch. 8 para. 16, Sch. 16

The M25 Solicitors Act 1974 U.K.

Marginal Citations

M25 1974 c. 47.

25 U.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”.

The M26 Social Security Pensions Act 1975 U.K.

Marginal Citations

M26 1975 c. 60.

F11 26 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Sch. 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

The M27 Recess Elections Act 1975 U.K.

Marginal Citations

M27 1975 c. 66.

27 U.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”.

The M28 Insolvency Act 1976 U.K.

Marginal Citations

M28 1976 c. 60.

F12 28 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Sch. 8 para. 28 repealed (5.11.1993) by 1993 c.50, s. 1(1), Sch. 1 Pt I, Group I

The M29 Land Drainage Act 1976 U.K.

Marginal Citations

M29 1976 c. 70.

F13 29 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Sch. 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).

30 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

Textual Amendments

F14 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

The M30 Employment Protection (Consolidation) Act 1978 U.K.

Marginal Citations

M30 1978 c. 44.

31 F15 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F15 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

F15 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Sch. 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)

F16 Sch. 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

F17 Sch. 8 para. 31(4) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II

The Banking Act 1979 U.K.

F18 32 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Sch. 8 para. 32 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 6

The M31 Estate Agents Act 1979 U.K.

Marginal Citations

M31 1979 c. 38.

33 U.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.”

The M32 Public Passenger Vehicles Act 1981 U.K.

Marginal Citations

M32 1981 c. 14.

34 U.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”.

The M33 Supreme Court Act 1981 U.K.

Marginal Citations

M33 1981 c. 54.

F19 35 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Sch. 8 para. 35 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 6

The M34 Civil Jurisdiction and Judgments Act 1982 U.K.

Marginal Citations

M34 1982 c. 27.

36 U.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;”.

The M35 Insurance Companies Act 1982 U.K.

Marginal Citations

M35 1982 c. 50.

37 (1) The Insurance Companies Act 1982 shall be amended as follows. U.K.

F20 (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

F20 Sch. 8 para. 37(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 6

The M36 County Courts Act 1984 U.K.

Marginal Citations

M36 1984 c. 28.

38 (1) The County Courts Act 1984 shall be amended as follows. E+W+S

F21 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 Sch. 8 para. 38(2)(3) repealed by 1993 c. 50, s. 1(1), Sch. 1 Pt. I, Group I

F22 Sch. 8 para. 38(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 6

The Housing Act 1985 U.K.

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”.

The M37 Administration of Justice Act 1985 U.K.

Marginal Citations

M37 1985 c. 61.

40 U.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”.