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Third Parties (Rights against Insurers) Act 2010

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This is the original version (as it was originally enacted).

4Individuals

This section has no associated Explanatory Notes

(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.

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