Insolvency Act 1986

[F1263IDebtors against whom an adjudicator may make a bankruptcy orderE+W

(1)An adjudicator has jurisdiction to determine a bankruptcy application only if—

(a)the centre of the debtor's main interests is in England and Wales, or

(b)the centre of the debtor's main interests is not in a member state of the European Union which has adopted the [F2EU Regulation] , but the test in subsection (2) is met.

(2)The test is that—

(a)the debtor is domiciled in England and Wales, or

(b)at any time in the period of three years ending with the day on which the application is made to the adjudicator, the debtor—

(i)has been ordinarily resident, or has had a place of residence, in England and Wales, or

(ii)has carried on business in England and Wales.

(3)The reference in subsection (2) to the debtor carrying on business includes—

(a)the carrying on of business by a firm or partnership of which the debtor is a member, and

(b)the carrying on of business by an agent or manager for the debtor or for such a firm or partnership.

(4)In this section, references to the centre of the debtor's main interests have the same meaning as in Article 3 of the [F3EU Regulation] .]

Textual Amendments

F1Pt. 9 Ch. A1 inserted (25.4.2013 for specified purposes, 6.4.2016 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(1)(i)(3), Sch. 18; S.I. 2016/191, art. 2