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Part XVE+W+S Subordinate Legislation

Modifications etc. (not altering text)

C1Pt. 15 (ss. 411-422) applied (with modifications) (1.12.1994) by S.I. 1994/2421, arts. 8(4)(5)(8)(9), 10(2)(3)(6), Sch. 4 Pt. II, Sch. 7

C2Third Group of Parts (Pts. 12-19) applied to limited liability partnerships (with modifications) (E.W.S.) (6.4.2001) by S.I. 2001/1090, reg. 5, Schs. 3, 4 (as amended (4.3.2004) by S.I. 2004/355, art. 10; (1.10.2005) by S.I. 2005/1989, reg. 3, Sch. 2 (with reg. 4); and (8.12.2017) by S.I. 2017/1119, reg. 1(1), Sch. 1 Pts. 2, 3)

Other order-making powersE+W+S

421 Insolvent estates of deceased persons.E+W

(1)The Lord Chancellor may, by order made with the concurrence of the Secretary of State [F1and the Lord Chief Justice], provide that such provisions of this Act as may be specified in the order shall apply [F2in relation] to the administration of the insolvent estates of deceased persons with such modifications as may be so specified.

[F3(1A)An order under this section may make provision in relation to the [F4EU Regulation] .

(1B)But provision made by virtue of this section in relation to the [F5EU Regulation] may not create an offence of a kind referred to in paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972.]

(2)An order under this section may make different provision for different cases and may contain such incidental, supplemental and transitional provisions as may appear to the Lord Chancellor [F6and the Lord Chief Justice] necessary or expedient.

(3)An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(4)For the purposes of this section the estate of a deceased person is insolvent if, when realised, it will be insufficient to meet in full all the debts and other liabilities to which it is subject.

[F7(5)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

F2Words in s. 421(1) inserted (2.4.2001) by 2000 c. 39, s. 12(2); S.I. 2001/766, art. 2 (subject to transitional provisions in art. 3)

F3S. 421(1A)(1B) inserted (3.5.2002) by S.I. 2002/1037, reg. 3(6)

Modifications etc. (not altering text)

C5S. 421 amended (30.12.2002) by 2002 c. 29, s. 311(6); S.I. 2002/3015, art. 2, Sch. (subject to savings in art. 3)