§
Lords amendment: No. 49, in line 3, leave out
in occupation of or claiming a right
and insert
who at the time when the bankruptcy petition was presented was in occupation of or entitled
§ Mr. HowardI beg to move, That this House doth agree with the Lords in the said amendment.
§ Mr. Deputy Speaker (Mr. Harold Walker)With this it will be conveniet to take Lords amendments Nos. 50 to 56.
§ Mr. HowardAmendments Nos. 49 to 56 improve the clarity of the provisions which deal with the bankrupt's home. They are mainly drafting improvements, but they also provide that, in line with other provisions in insolvency law — for example, clause 113 — matters occurring after the presentation of a bankruptcy petition are not to count for the purpose of these provisions. Therefore, any person claiming a right to reside in the property, either for the purposes of the new clauses or in connection with the rights conferred on occupants under the disclaimer provisions, must have had a right of occupation at the date of the bankruptcy petition. This is to prevent the debtor, realising that his bankruptcy is likely, from trying to manoeuvre himself into an artificially advantageous position.
I commend the amendments to the House.
§ Question put and agreed to.
§ Lords amendments Nos. 50 to 59 agreed to.