HC Deb 27 October 1966 vol 734 cc1507-9

Receiving order made or sequestration awarded after relevant date

12. Where a person prospectively liable for levy in respect of a chargeable act or event has a receiving order made against him in England or Wales on or after the relevant date and he is adjudged bankrupt, or where such a person has an award of sequestration made against him in Scotland on or after the relevant date,—

  1. (a) any sum recoverable by the Commission in respect of the levy shall constitute a debt provable in his bankruptcy, 1508 if apart from this paragraph it would not constitute a debt so provable, and
  2. (b) if the receiving order or the award of sequestration is made not more than twelve months after the relevant date, any sum so recoverable shall be deemed to be included among his debts specified in section 33(1) of the Bankruptcy Act 1914 or section 118(1) of the Bankruptcy (Scotland) Act 1913 (priority of debts).

Relevant dale after receiving order but before adjudication

13.—(1) Where, in England or Wales, a person prospectively liable for levy in respect of a chargeable act or event has had a receiving order made against him before the relevant date, and is adjudicated bankrupt on or after that date, any sum recoverable by the Commission in respect of the levy shall (notwithstanding anything in section 30 of the Bankruptcy Act 1914) constitute a debt provable in his bankruptcy.

(2) For the purpose of recovering any such sum the Commission shall, in priority to all other debts provable in the bankruptcy, have a first charge on so much of the net capital proceeds (if any) of the chargeable act or event in question as is received by the official receiver or the trustee in bankruptcy as money divisible among the unsecured creditors of the bankrupt.

Chargeable act or event occurring after adjudication or sequestration

14.—(1) The provisions of this paragraph shall have effect where the trustee in bankruptcy of a bankrupt is a person prospectively liable for levy in respect of a chargeable act or event—

  1. (a) by reason of anything done by him in his capacity as trustee in bankruptcy of the bankrupt, or
  2. (b) by reason of any right accruing to him in that capacity, or
  3. (c) in Case C, by reason of an interest in land, or the benefit of a contract, which has become vested in him in that capacity.

(2) If in the circumstances specified in the preceding sub-paragraph a notice of assessment of levy served in respect of the levy has resulted in an operative assessment of levy,—

  1. (a) any sum recoverable by the Commission in respect of the levy shall (notwithstanding anything in section 30 of the Bankruptcy Act 1914) constitute a debt provable in the bankruptcy, and
  2. (b) any such sum shall not be recoverable from the trustee in bankruptcy otherwise than as being such a debt due to the Commission from the bankrupt.

(3) For the purpose of recovering any such sum the Commission shall, in priority to all other debts provable in the bankruptcy, have a first charge on so much of the net capital proceeds (if any) of the chargeable act or event in question as is received by the trustee in bankruptcy as money divisible among the unsecured creditors of the bankrupt.

Composition or scheme or deed of arrangement

15.—(1) The provisions of paragraph 14 of this Schedule shall have effect in relation to a trustee appointed under or in pursuance of a composition or scheme or deed of arrangement as they have effect in relation to a trustee in bankruptcy.

(2) Without prejudice to the preceding subparagraph, where—

  1. (a) a trustee appointed under or in pursuance of a composition or scheme or deed of arrangement is a person prospectively liable for levy in respect of a chargeable act or event, and
  2. (b) the composition or scheme is annulled, and the debtor again adjudged bankrupt, under section 21(3) of the Bankruptcy Act 1914, or the composition or deed of arrangement is superseded by an award of sequestration,
sub-paragraphs (2) and (3) of paragraph 14 of this Schedule shall have effect in relation to any sum recoverable by the Commission in respect of the levy as if in that paragraph any reference to the trustee in bankruptcy included a reference to the trustee under the composition, scheme or deed.

Power for official receiver or trustee in bankruptcy to act in relation to levy

16. Where a notice of assessment of levy is served on a person prospectively liable for levy, and a receiving order or award of sequestration—

  1. (a) has been made against him before the service of that notice, or
  2. (b) is made against him after the service of that notice but before it has resulted in an operative assessment of levy,
anything which, in accordance with Part III of this Act, would fall to be done by or in relation to him in connection with the levy may be done or (if it has been begun) may be continued by or in relation to the official receiver or (if he has been adjudged bankrupt or sequestrated) his trustee in bankruptcy.

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