Insolvency Act 1986

277 Petition based on criminal bankruptcy order.E+W

(1)Subject to section 266(3), the court shall make a bankruptcy order on a petition under section 264(1)(d) on production of a copy of the criminal bankruptcy order on which the petition is based.

This does not apply if it appears to the court that the criminal bankruptcy order has been rescinded on appeal.

(2)Subject to the provisions of this Part, the fact that an appeal is pending against any conviction by virtue of which a criminal bankruptcy order was made does not affect any proceedings on a petition under section 264(1)(d) based on that order.

(3)For the purposes of this section, an appeal against a conviction is pending—

(a)in any case, until the expiration of the period of 28 days beginning with the date of conviction;

(b)if notice of appeal to the Court of Appeal is given during that period and during that period the appellant notifies the official receiver of it, until the determination of the appeal and thereafter for so long as an appeal to the House of Lords is pending within the meaning of section 40(5) of the M1Powers of Criminal Courts Act 1973.

Modifications etc. (not altering text)

C1S. 277 applied (with modifications) by S.I. 1986/1999, art. 3, Sch. 1 Pt. II

Marginal Citations