SCHEDULES

SCHEDULE 27Minor and consequential amendments: general

Insolvency Act 1986 (c. 45)

112

In section 215 (proceedings under sections 213, 214), in subsection (3)(b), after “marriage” insert “ or the formation of a civil partnership ”.

113

In section 283A (bankrupt’s home ceasing to form part of estate), in subsection (1)—

(a)

in paragraph (b), after “spouse” insert “ or civil partner ”, and

(b)

in paragraph (c), after “spouse” insert “ or former civil partner ”.

114

In section 313 (charge on bankrupt’s home), in subsection (1), after “former spouse” insert “ or by his civil partner or former civil partner ”.

115

In section 313A (low value home: application for sale, possession or charge), in subsection (1)—

(a)

in paragraph (a)(ii), after “spouse” insert “ or civil partner ”, and

(b)

in paragraph (a)(iii), after “spouse” insert “ or former civil partner ”.

116

In section 329 (debts to spouse), in subsection (1), after “spouse” (in each place) insert “ or civil partner ”.

117

In section 332 (saving for bankrupt’s home), in subsection (1), after “former spouse” insert “ or by his civil partner or former civil partner ”.

118

In section 335A (rights under trusts of land), in subsection (2)(b)—

(a)

for “bankrupt’s spouse or former spouse” substitute “ bankrupt’s spouse or civil partner or former spouse or former civil partner ”, and

(b)

in sub-paragraphs (i) and (ii), for “spouse or former spouse” substitute “ spouse, civil partner, former spouse or former civil partner ”.

119

In section 339 (transactions at an undervalue), in subsection (3)(b), after “marriage” insert “ or the formation of a civil partnership ”.

120

In section 366 (inquiry into bankrupt’s dealings and property), in subsection (1)(a), after “former spouse” insert “ or civil partner or former civil partner ”.

121

In section 423 (transactions defrauding creditors), in subsection (1)(b), after “marriage” insert “ or the formation of a civil partnership ”.

122

(1)

Amend section 435 (meaning of “associate”) as follows.

(2)

For subsection (2) substitute—

“(2)

A person is an associate of an individual if that person is—

(a)

the individual’s husband or wife or civil partner,

(b)

a relative of—

(i)

the individual, or

(ii)

the individual’s husband or wife or civil partner, or

(c)

the husband or wife or civil partner of a relative of—

(i)

the individual, or

(ii)

the individual’s husband or wife or civil partner.”

(3)

In subsection (3), after “husband or wife” insert “ or civil partner ”.

(4)

In subsection (8), at the end insert “ and references to a civil partner include a former civil partner ”.