HC Deb 18 July 1985 vol 83 cc550-1

'(1) An order made by a court in any part of the United Kingdom in the exercise of jurisdiction in relation to insolvency law shall be enforced in any other part of the United Kingdom as if it were made by a court exercising the corresponding jurisdiction in that other part.

(2) Without prejudice to subsections (3) and (4) below, nothing in subsection (1) above shall require a court in any part of the United Kingdom to enforce, in relation to property situated in that part, any order made by a court in any other part of the United Kingdom.

(3) The courts having jurisdiction in relation to insolvency law in any part of the United Kingdom shall assist the courts having the corresponding jurisdiction in any other part of the United Kingdom or any relevant country or territory.

(4) For the purposes of subsection (3) above a request made to a court in any part of the United Kingdom by a court it any other part of the United Kingdom. or in a relevant country or territory shall be authority for the court to which the request is made to apply, in relation to any matters specified in the request, the insolvency law which is applicable by either court in relation to comparable matters falling within its jurisdiction: and in exercising its discretion under this subsection, a court shall have regard in particular to the rules of private international law.

(5) Section 38 of the Criminal Law Act 1977 (execution of warrant of arrest throughout the United Kingdom) shall apply to a warrant which, in exercise of any jurisdiction in relation to insolvency law, is issued in any part of the United Kingdom for the arrest of a person as it applies to a warrant issued in that part of the United Kingdom for the arrest of a person charged with an offence.

(6) In this section "insolvency law" means—

  1. (a) in relation to England and Wales, provision extending to England and Wales and made by or under this Act or Parts XIX to XXI of the 1985 Act;
  2. (b) n relation to Scotland, provision extending to Scotland and made by or under this Act, Parts XVIII to XXI of the 1985 Act or the Bankruptcy (Scotland) Act 1985;
  3. (c)in relation to Northern Ireland, provision made by or under the Bankruptcy Acts (Northern Ireland) 1857 to 1980, Part V, VI or IX of the Companies Act (Northern Ireland) 1960 or Part IV of the Companies (Northern Ireland) Order 1978;
  4. (d) in relation to any relevant country or territory, so much of the law of that country or territory as corresponds to provisions falling within any of the foregoing paragraphs.

(7) In this section "relevant country or territory" means—

  1. (a) any of the Channel Islands or the Isle of Man; or
  2. (b) any country or territory designated for the purposes of this section by the Secretary of State by order made by statutory instrument.'.—[Mr. Fletcher.]

Brought up, and read the First time.

Mr. Fletcher

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker

With this it will be convenient to take Government amendments Nos. 160, 168, 175, 177, 179, 180, 230A, 245 and 250 to 253.

Mr. Fletcher

In Committee, my hon. Friend the Parliamentary Under-Secretary of State gave notice that clause 194 was to be replaced by a new inter-jurisdictional clause which gave effect to the recommendations of the review committee in chapter 49 of its report. The amendments are consequential on the new clause.

As was explained on that occasion, by virtue of the new clause, courts within the United Kingdom will be able to enforce orders made by the courts of other United Kingdom jurisdictions in the exercise of jurisdiction in relation to insolvency law. The clause creates a complete intra-United Kingdom system of reciprocal enforcement in respect of bankruptcy, winding-up, receivership and the new administration order procedure.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

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