Third Parties (Rights against Insurers) Act 2010

Relevant persons

4 Individuals

(1) An individual is a relevant person if any of the following is in force in respect of that individual in England and Wales—

(a) a deed of arrangement registered in accordance with the Deeds of Arrangement Act 1914,

(b) an administration order made under Part 6 of the County Courts Act 1984,

(c) an enforcement restriction order made under Part 6A of that Act,

(d) subject to subsection (4), a debt relief order made under Part 7A of the Insolvency Act 1986,

(e) a voluntary arrangement approved in accordance with Part 8 of that Act, or

(f) a bankruptcy order made under Part 9 of that Act.

(2) An individual is a relevant person if any of the following is in force in respect of that individual (or, in the case of paragraph (a) or (b), that individual’s estate) in Scotland—

(a) an award of sequestration made under section 5 of the Bankruptcy (Scotland) Act 1985,

(b) a protected trust deed within the meaning of that Act, or

(c) a composition approved in accordance with Schedule 4 to that Act.

(3) An individual is a relevant person if any of the following is in force in respect of that individual in Northern Ireland—

(a) an administration order made under Part 6 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)),

(b) a deed of arrangement registered in accordance with Chapter 1 of Part 8 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)),

(c) a voluntary arrangement approved under Chapter 2 of Part 8 of that Order, or

(d) a bankruptcy order made under Part 9 of that Order.

(4) If an individual is a relevant person by virtue of subsection (1)(d), that person is a relevant person for the purposes of section 1(1)(b) only.

(5) Where an award of sequestration made under section 5 of the Bankruptcy (Scotland) Act 1985 is recalled or reduced, any rights which were transferred under section 1 as a result of that award are re-transferred to and vest in the person who became a relevant person as a result of the award.

(6) Where an order discharging an individual from an award of sequestration made under section 5 of the Bankruptcy (Scotland) Act 1985 is recalled or reduced under paragraph 17 or 18 of Schedule 4 to that Act, the order is to be treated for the purposes of this section as never having been made.

5 Individuals who die insolvent

(1) An individual who dies insolvent is a relevant person for the purposes of section 1(1)(b) only.

(2) For the purposes of this section an individual (D) is to be regarded as having died insolvent if, following D’s death—

(a) D’s estate falls to be administered in accordance with an order under section 421 of the Insolvency Act 1986 or Article 365 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N. I. 19)),

(b) an award of sequestration is made under section 5 of the Bankruptcy (Scotland) Act 1985 in respect of D’s estate and the award is not recalled or reduced, or

(c) a judicial factor is appointed under section 11A of the Judicial Factors (Scotland) Act 1889 in respect of D’s estate and the judicial factor certifies that the estate is absolutely insolvent within the meaning of the Bankruptcy (Scotland) Act 1985.

(3) Where a transfer of rights under section 1 takes place as a result of an insured person being a relevant person by virtue of this section, references in this Act to an insured are, where the context so requires, to be read as references to the insured’s estate.

6 Corporate bodies etc

(1) A body corporate or an unincorporated body is a relevant person if—

(a) a compromise or arrangement between the body and its creditors (or a class of them) is in force, having been sanctioned in accordance with section 899 of the Companies Act 2006, or

(b) the body has been dissolved under section 1000, 1001 or 1003 of that Act, and the body has not been—

(i) restored to the register by virtue of section 1025 of that Act, or

(ii) ordered to be restored to the register by virtue of section 1031 of that Act.

(2) A body corporate or an unincorporated body is a relevant person if, in England and Wales or Scotland—

(a) a voluntary arrangement approved in accordance with Part 1 of the Insolvency Act 1986 is in force in respect of it,

(b) an administration order made under Part 2 of that Act is in force in respect of it,

(c) there is a person appointed in accordance with Part 3 of that Act who is acting as receiver or manager of the body’s property (or there would be such a person so acting but for a temporary vacancy),

(d) the body is, or is being, wound up voluntarily in accordance with Chapter 2 of Part 4 of that Act,

(e) there is a person appointed under section 135 of that Act who is acting as provisional liquidator in respect of the body (or there would be such a person so acting but for a temporary vacancy), or

(f) the body is, or is being, wound up by the court following the making of a winding-up order under Chapter 6 of Part 4 of that Act or Part 5 of that Act.

(3) A body corporate or an unincorporated body is a relevant person if, in Scotland—

(a) an award of sequestration has been made under section 6 of the Bankruptcy (Scotland) Act 1985 in respect of the body’s estate, and the body has not been discharged under that Act,

(b) the body has been dissolved and an award of sequestration has been made under that section in respect of its estate,

(c) a protected trust deed within the meaning of the Bankruptcy (Scotland) Act 1985 is in force in respect of the body’s estate, or

(d) a composition approved in accordance with Schedule 4 to that Act is in force in respect of the body.

(4) A body corporate or an unincorporated body is a relevant person if, in Northern Ireland—

(a) a voluntary arrangement approved in accordance with Part 2 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N. I. 19)) is in force in respect of the body,

(b) an administration order made under Part 3 of that Order is in force in respect of the body,

(c) there is a person appointed in accordance with Part 4 of that Order who is acting as receiver or manager of the body’s property (or there would be such a person so acting but for a temporary vacancy),

(d) the body is, or is being, wound up voluntarily in accordance with Chapter 2 of Part 5 of that Order,

(e) there is a person appointed under Article 115 of that Order who is acting as provisional liquidator in respect of the body (or there would be such a person so acting but for a temporary vacancy), or

(f) the body is, or is being, wound up by the court following the making of a winding-up order under Chapter 6 of Part 5 of that Order or Part 6 of that Order.

(5) A body within subsection (1)(a) is not a relevant person in relation to a liability that is transferred to another body by the order sanctioning the compromise or arrangement.

(6) Where a body is a relevant person by virtue of subsection (1)(a), section 1 has effect to transfer rights only to a person on whom the compromise or arrangement is binding.

(7) Where an award of sequestration made under section 6 of the Bankruptcy (Scotland) Act 1985 is recalled or reduced, any rights which were transferred under section 1 as a result of that award are re-transferred to and vest in the person who became a relevant person as a result of the award.

(8) Where an order discharging a body from an award of sequestration made under section 6 of the Bankruptcy (Scotland) Act 1985 is recalled or reduced under paragraph 17 or 18 of Schedule 4 to that Act, the order is to be treated for the purposes of this section as never having been made.

(9) In this section—

(a) a reference to a person appointed in accordance with Part 3 of the Insolvency Act 1986 includes a reference to a person appointed under section 101 of the Law of Property Act 1925;

(b) a reference to a receiver or manager of a body’s property includes a reference to a receiver or manager of part only of the property and to a receiver only of the income arising from the property or from part of it;

(c) for the purposes of subsection (3) “body corporate or unincorporated body” includes any entity, other than a trust, the estate of which may be sequestrated under section 6 of the Bankruptcy (Scotland) Act 1985;

(d) a reference to a person appointed in accordance with Part 4 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N. I. 19)) includes a reference to a person appointed under section 19 of the Conveyancing Act 1881.

7 Scottish trusts

(1) A trustee of a Scottish trust is, in respect of a liability of that trustee that falls to be met out of the trust estate, a relevant person if—

(a) an award of sequestration has been made under section 6 of the Bankruptcy (Scotland) Act 1985 in respect of the trust estate, and the trust has not been discharged under that Act,

(b) a protected trust deed within the meaning of that Act is in force in respect of the trust estate, or

(c) a composition approved in accordance with Schedule 4 to that Act is in force in respect of the trust estate.

(2) Where an award of sequestration made under section 6 of the Bankruptcy (Scotland) Act 1985 is recalled or reduced any rights which were transferred under section 1 as a result of that award are re-transferred to and vest in the person who became a relevant person as a result of the award.

(3) Where an order discharging an individual, body or trust from an award of sequestration made under section 6 of the Bankruptcy (Scotland) Act 1985 is recalled or reduced under paragraph 17 or 18 of Schedule 4 to that Act, the order is to be treated for the purposes of this section as never having been made.

(4) In this section “Scottish trust” means a trust the estate of which may be sequestrated under section 6 of the Bankruptcy (Scotland) Act 1985.