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Insolvency Act 1986, Section 309 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Except with the leave of the court, a notice shall not be served—
(a)under section 307, after the end of the period of 42 days beginning with the day on which it first came to the knowledge of the trustee that property in question had been acquired by, or had devolved upon, the bankrupt;
(b)under section 308 [F1or section 308A], after the end of the period of 42 days beginning with the day on which the property [F2or tenancy] in question first came to the knowledge of the trustee.
(2)For the purposes of this section—
(a)any thing which comes to the knowledge of the trustee is deemed in relation to any successor of his as trustee to have come to the knowledge of the sucessor at the same time; and
(b)any thing which comes (otherwise than under paragraph (a)) to the knowledge of a person before he is the trustee is deemed to come to his knowledge on his appointment taking effect or, in the case of the official receiver, on his becoming trustee.
Textual Amendments
F1Words inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 117(3)(a)
F2Words inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 117(3)(b)
Modifications etc. (not altering text)
C1S. 309 applied with modifications by S.I. 1986/1999, art. 3, Sch. 1 Pt. II
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