HC Deb 28 October 1985 vol 84 cc695-8
The Lords have agreed to the amendment by the Commons inpage 87, line 44, at end insert—
The Local Government (Scotland) Act 1973 (c. 65)
3A. In section 31(2) (disqualifications regarding members of local authority), for paragraph (b) there shall be substituted the following paragraph—
"(b) he is discharged under or by virtue of the Bankruptcy (Scotland) Act 1985."
The Social Security Pensions Act 1975 (c. 60)
3B. —(1) In section 58 of the Social Security Pensions Act 1975 (under which Schedule 3 to that Act has effect for giving priority in bankruptcy etc. to certain debts) after the word "effect" there shall be inserted the words "for the purposes, in respect of the sequestration of estates in Scotland, of Schedule 3 to the Bankruptcy (Scotland) Act 1985 (preferred debts)"; and, for the purposes of the sequestration of a debtor's estate in Scotland, Schedule 3 to the said Act of 1975 shall have effect—
(a) before the coming into force of paragraph 26 of Schedule 7 to the Insolvency Act 1985 as if—
(i) in each of paragraphs 1, 2(1) and 3(1). for the words from the beginning to "included" there were substituted the words "This Schedule applies to";
(ii) in the said paragraphs 1 and 2(1), for the words "date of the relevant event" there were substituted the words "relevant date" and, in the said paragraph 3(1), for the words "occurrence of the relevant event" there were substituted the words "sequestration of a debtors estate"; and

(b) the concurrence in such a petition; and

(c) the submission of a claim,

shall be construed as a reference to that act having the same effect, for the purposes of any such enactment or rule of law, as an effective acknowledgement of the creditor's claim; and any reference in this Act to any such enactment shall not include a reference to an"

The Solicitor-General for Scotland

I beg to move, That this House doth agree with the Lords in the said amendment.

Mr. Deputy Speaker

With this it will be convenient to consider the following amendments: No. 9, in clause 17, page 17, line 37, leave out , or the barring of the effect of any enactment or rule of law relating to the limitation of actions in any part of the United Kingdom,

No. 10, in clause 72, page 69, line 2, leave out "17(5)"

No. 11, page 69, line 3, leave out "and 52" and insert "52 and 68(5)"

The Solicitor-General for Scotland

Amendment No. 8 clarifies those provisions in the Bill that bar the effect of any enactment or rule of law relating to the limitation of actions in any part of the United Kingdom. It provides that what is meant by the presentation of the petition for sequestration or the submission of a claim barring the effect of such enactments or rule of law is that they should have the same effect as an effective acknowledgment of the creditor's claim.

Lords amendments Nos. 9, 10 and 11 are consequential and remove the provision in clause 17(5) which saves the effect of the interruption of the limitation period on the recall of the sequestration. This is because it is considered unnecessary to do so in English law. They also have the effect of extending the effect of clause 68(5) to other parts of the United Kingdom outwith Scotland.

Question put and agreed to.

Lords amendments Nos. 9 to 11 agreed to.

(iii) in pararaph 4, for the words from "event" to "that Act" there were substituted the words "date" has the same meaning as in Part I of Schedule 3 to the Bankruptcy (Scotland) Act 1985."; and
(b) after the coming into force of the said paragraph 26 as if—
(i) in paragraph 3(1), for the words "a person going into liquidation or being adjudged bankrupt" there were substituted the words "the sequestration of a debtor's estate";
(ii) in paragraph 2(2) for the words "in a case where the relevant event took place on or after the day of Me passing of the Social Security Act 1985" there were substituted the words "in any other case"; and
(iii) (iii) in paragraph 4, for the words "Schedule 3 to the Insolvency" there were substituted the words "Part I of Schedule 3 to the Bankruptcy (Scotland)".'

Lords amendment: No. 12, in line 16, leave out from "effect" to "26" in line 32.

The Solicitor-General for Scotland

I beg to move, That this House doth agree with the Lords in the said amendment.

Mr. Deputy Speaker

With this it will be convenient to take the following amendments: No. 13, in line 37, leave out sub-para (ii).

No. 14. in line 41, leave out "Schedule 3" and insert "Schedule 4".

The Solicitor-General for Scotland

Amendments Nos. 12 and 13 have the effect of deleting the amendments which it was proposed to make to the Social Security Pensions Act 1975 in the interim period between the commencement of the Bankruptcy (Scotland) Bill and the Insolvency Bill. These amendments are no longer required because it is not now intended to make them until the equivalent provisions in the Insolvency Bill relating to Crown preferences commence.

The third change to this amendment is consequential upon the renumbering of the schedule to the Insolvency Bill relating to Crown preferences.

Mr. Ewing

I thank the Solicitor-General for accepting these important amendments as it seemed unwise to proceed in the way in which the Government had intended to proceed. We are therefore grateful for the Government's change of mind.

It may seem to be an early Christmas for the Solicitor-General, but I end as I began by saying that we now have a sensible and operable piece of legislation because the Solicitor-General and his ministerial colleagues very generously exchanged with us not only notes on clauses but notes on amendments, which we found most helpful. I place on record my thanks to the Solicitor-General for the way in which he conducted the Committee stage of the Bill.

Question put and agreed to.

Subsequent Lords amendments agreed to.