SCHEDULE 2Consequential amendments to subordinate legislation
PART 1
The Administration of Insolvent Estates of Deceased Persons Order 19862
1
The Administration of Insolvent Estates of Deceased Persons Order 198661 is amended as follows.
2
In article 3(1) before “presentation of a bankruptcy petition” insert “the making of a bankruptcy application or”.
3
In article 4(1) for “adjudged” substitute “made”.
4
In article 5—
a
before paragraph (1) insert—
A1
If a debtor dies after making a bankruptcy application, the proceedings will continue as if the deceased debtor were alive, with the modifications specified in Schedule 2 to this Order.
b
in paragraph (1) after “If a debtor” omit “by or”.
5
In the heading to Schedule 1 before “PRESENTATION OF A BANKRUPTCY PETITION” insert “MAKING OF A BANKRUPTCY APPLICATION OR”.
6
In the table in Part 1 of Schedule 1 (general modifications of provisions of the Act) in the first column headed “Reference in provision of the Act specified in Part 2 of this Schedule”—
a
for “adjudged” substitute “made”;
b
for “a debtor’s petition” substitute “a bankruptcy application”.
7
Part 2 of Schedule 1 (provisions of the Act not included in Part 3 of this Schedule)62 is amended as follows—
a
in paragraph 1 omit sub-paragraph (c);
b
for paragraph 6 substitute—
6
Section 272 as if for subsection (1) there were substituted the following—
1
A petition by the personal representative of a deceased debtor for an insolvency administration order in Form 6 set out in Schedule 3 to the Administration of Insolvent Estates of Deceased Persons Order 1986 may be presented to the court only on the grounds that the estate of a deceased debtor is insolvent.
c
in paragraph 18 omit “, except section 297(4),”;
d
for paragraph 27 substitute—
27
Section 341 with the modification that in subsection (1)(a) for the words from “day of the making” to “made bankrupt
e
for paragraph 29(b) substitute—
b
in subsection (2), for the words from “the making” to “initial period” there shall be substituted the words “the date of death of the deceased debtor
8
Schedule 2 (death of debtor after presentation of a bankruptcy petition) is amended as follows—
a
in the heading to Schedule 2 before “PRESENTATION OF A BANKRUPTCY PETITION” insert “MAKING OF A BANKRUPTCY APPLICATION OR”;
b
in paragraph 1(1) for “debtor’s petition” substitute “bankruptcy application”;
c
in paragraph 2 before “the presentation of a bankruptcy petition” insert “the making of a bankruptcy application, or (as the case may be)”.