Insolvency Act 1986

385 Miscellaneous definitions. E+W

(1)The following definitions have effect—

  • “the court”, in relation to any matter, means the court to which, in accordance with section 373 in Part X and the rules, proceedings with respect to that matter are allocated or transferred;

  • “creditor’s petition” means a bankruptcy petition under section 264(1)(a);

  • [F1“criminal bankruptcy order” means an order under section 39(1) of the M1Powers of Criminal Courts Act 1973;]

  • “debt” is to be construed in accordance with section 382(3);

  • “the debtor”—

(a)in relation to a proposal for the purposes of Part VIII, means the individual making or intending to make that proposal, and

(b)in relation to a bankruptcy petition, means the individual to whom the petition relates;

  • “debtor’s petition” means a bankruptcy petition presented by the debtor himself under section 264(1)(b);

  • “dwelling house” includes any building or part of a building which is occupied as a dwelling and any yard, garden, garage or outhouse belonging to the dwelling house and occupied with it;

  • “estate”, in relation to a bankrupt is to be construed in accordance with section 283 in Chapter II of Part IX;

  • “family”, in relation to a bankrupt, means the persons (if any) who are living with him and are dependent on him;

  • [F2“insolvency administration order” means an order for the administration in bankruptcy of the insolvent estate of a deceased debtor (being an individual at the date of his death);

  • “insolvency administration petition” means a petition for an insolvency administration order;]

  • “secured” and related expressions are to be construed in accordance with section 383;

  • [F2“the Rules” means the Insolvency Rules 1986.] and

  • “the trustee”, in relation to a bankruptcy and the bankrupt, means the trustee of the bankrupt’s estate.

(2)References in this Group of Parts to a person’s affairs include his business, if any.

Textual Amendments

F1Definition repealed (omitted 1.10.2008 repealed prosp.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123, 170, 171, Sch. 8 para. 16, Sch. 16; S.I. 1988/1408, art. 2, Sch.

F2Definitions added by S.I. 1986/1999, arts. 2, 6

Modifications etc. (not altering text)

C1S. 385 applied with modifications by S.I. 1986/1999, art. 3, Sch. 1 Pt. II

Marginal Citations