PART 14MISCELLANEOUS AND SPECIAL CASES

Bankruptcy of proprietor

Action of the registrar in relation to bankruptcy entries167

1

Where the registrar is satisfied that—

a

the bankruptcy order has been annulled, or

F1ab

the adjudicator has refused to make a bankruptcy order, or

b

the bankruptcy petition has been dismissed or withdrawn with the court's permission, or

c

the bankruptcy proceedings do not affect or have ceased to affect the registered estate or registered charge in relation to which a bankruptcy notice or bankruptcy restriction has been entered on the register,

he must as soon as practicable cancel any bankruptcy notice or bankruptcy restriction which relates to that bankruptcy order, F2to that bankruptcy application, to that bankruptcy petition or to those proceedings from the register.

2

Where it appears to the registrar that there is doubt as to whether the debtor or bankrupt is the same person as the proprietor of the registered estate or registered charge in relation to which a bankruptcy notice or bankruptcy restriction has been entered, he must as soon as practicable take such action as he considers necessary to resolve the doubt.

3

In this rule—

  • bankruptcy notice” means the notice which the registrar must enter in the register under section 86(2) of the Act, and

  • bankruptcy restriction” means the restriction which the registrar must enter in the register under section 86(4) of the Act.