The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 No. 2114

SCHEDULE 18 E+W+S AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO INSOLVENCY

PART 1 E+W+S AMENDMENTS TO INSOLVENCY LEGISLATION

Insolvency Rules 1986 E+W+S

1.—(1) Amend the Insolvency Rules 1986 M1 as follows.

(2) In Rule 6.237 (bankrupt's home – notification of property falling within section 283A)—

(a) in paragraph (1)(b), after “spouse” insert “ or civil partner ”; and

(b) in paragraph (1)(c), after “former spouse” insert “ or former civil partner ”.

(3) In Rule 6.237A (application in respect of the vesting of an interest in a dwelling-house (registered land))—

(a) in paragraph (1)(a)(ii), after “spouse” insert “ or civil partner ”;

(b) in paragraph (1)(a)(iii), after “former spouse” insert “ or former civil partner ”; and

(c) in paragraph (4), after “former spouse” insert “ or civil partner or former civil partner ”.

(4) In Rule 6.237B (vesting of bankrupt's interest (unregistered land))—

(a) in paragraph (1)(b), after “spouse” insert “ or civil partner ”;

(b) in paragraph (1)(c), after “former spouse” insert “ or former civil partner ”; and

(c) in paragraph (3), after “former spouse” insert “ or civil partner or former civil partner ”.

(5) In paragraph (2)(a) of Rule 6.237D (charging order), after “former spouse” insert “ or civil partner or former civil partner ”.

(6) In Schedule 4 (Forms), for Forms 6.28 and 6.83 substitute the Forms so numbered as set out in Part 2 of this Schedule.

Marginal Citations

M1 S.I. 1986/1925; relevant amending instruments are S.I. 2003/1730 , 2005/527.

Insolvent Partnerships Order 1994 E+W+S

2.—(1) Amend the Insolvent Partnerships Order 1994 M2 as follows.

(2) In Schedule 4, in paragraph 28A (Section 283A: Individual member's home ceasing to form part of estate), in modified section 283A—

(a) in subsection (1)(b) after “spouse” insert “ or civil partner ”; and

(b) in subsection (1)(c) after “former spouse” insert “ or former civil partner ”.

(3) In Schedule 4, in paragraph 29A (Section 313A: Low value home: application for sale, possession or charge), in modified section 313A—

(a) in subsection (1)(a)(ii) after “spouse” insert “ or civil partner ”; and

(b) in subsection (1)(a)(iii) after “former spouse” insert “ or former civil partner ”.

(4) In Schedule 7, in paragraph 7A (Section 283A: Bankrupt's home ceasing to form part of estate), in modified section 283A—

(a) in subsection (1)(b) after “spouse” insert “ or civil partner ”; and

(b) in subsection (1)(c) after “former spouse” insert “ or former civil partner ”.

(5) In Schedule 7, paragraph 20A (Section 313A: Low value home: application for sale, possession or charge), in modified section 313A—

(a) in subsection (1)(a)(ii) after “spouse” insert “ or civil partner ”; and

(b) in subsection (1)(a)(iii) after “former spouse” insert “ or former civil partner ”.

Marginal Citations

M2 S.I. 1994/2421, amended by S.I. 2005/1516; there are other amending instruments but none is relevant.

Limited Liability Partnerships Regulations 2001 E+W+S

3.  In Schedule 3 to the Limited Liability Partnerships Regulations 2001 M3 , in the entry relating to section 435 of the Insolvency Act 1986 M4 (meaning of “associate”), in the entry relating to the new subsection (3A), after “wife” insert “ or civil partner ”.

Marginal Citations

M3 S.I. 2001/1090, to which there are amendments not relevant to this Order.

M4 1986 c. 45.