SCHEDULES

SCHEDULE 8 Minor and consequential amendments

Part III Amendments connected with Part IV

The Insolvency Act 1986 (c. 45)

57

1

Section 336 of the Insolvency Act 1986 (rights of occupation etc. of bankrupt’s spouse) is amended as follows.

2

In subsection (1), for “rights of occupation under the Matrimonial Homes Act 1983” substitute “ matrimonial home rights under Part IV of the Family Law Act 1996 ”.

3

In subsection (2)—

a

for “rights of occupation under the Act of 1983” substitute “ matrimonial home rights under the Act of 1996 ”, and

b

in paragraph (b), for “under section 1 of that Act” substitute “ under section 33 of that Act ”.

4

In subsection (4), for “section 1 of the Act of 1983” substitute “ section 33 of the Act of 1996 ”.

58

1

Section 337 of that Act is amended as follows.

2

In subsection (2), for “rights of occupation under the Matrimonial Homes Act 1983” substitute “ matrimonial home rights under Part IV of the Family Law Act 1996 ”.

3

For subsection (3) substitute—

3

The Act of 1996 has effect, with the necessary modifications, as if—

a

the rights conferred by paragraph (a) of subsection (2) were matrimonial home rights under that Act,

b

any application for such leave as is mentioned in that paragraph were an application for an order under section 33 of that Act, and

c

any charge under paragraph (b) of that subsection on the estate or interest of the trustee were a charge under that Act on the estate or interest of a spouse.

4

In subsections (4) and (5) for “section 1 of the Act of 1983” substitute “ section 33 of the Act of 1996 ”.