Lords amendment: No. 55, in page 29, line 13, leave out
222 of the Insolvency Act 1985
399 of the Insolvency Act 1986
§ Mr. Howard
I beg to move, That this House doth agree with the Lords in the said amendment.
§ Mr. Deputy Speaker (Mr. Ernest Armstrong)
With this it will be convenient to consider the following amendments: No. 56, in page 29, line 16, at end insert(2) Where a bankruptcy order is made in respect of an authorised person or of a person whose authorisation is suspended under section 27 above or who is the subject of a direction under section 32(1)(b) above or a winding-up order is made in respect of a partnership which is such a person, the trustee in bankruptcy or liquidator acting in his capacity as such is an exempted person but—
shall apply to him to the same extent as they applied to the bankrupt or partnership and, if the bankrupt or partnership was subject to the rules of a recognised self-regulating organisation or recognised professional body, he shall himself also be subject to those rules.
- (a) sections 45 to 66 below and, so far as relevant to any of those provisions, Chapter IX of this Part of this Act; and
- (b) sections 91, 92 and 93 below.(3) In the application of subsection (2) above to Scotland—
- (a) for the reference to a bankruptcy order being made in respect of a person there shall be substituted a reference to the estate of that person being sequestrated;
- (b) the reference to a winding up order in respect of a partnership is a reference to such an order made under section (Power to petition for winding-up orders) below;
- (c) for the reference to the trustee in bankruptcy there shall be substituted a reference to the interim trustee or permanent trustee within the meaning of the Bankruptcy (Scotland) Act 1985; and
- (d) for the references to the bankrupt there shall be substituted references to the debtor.(4) In the application of subsection (2) above to Northern Ireland for the reference to a bankruptcy order there shall be substituted a reference to an order of adjudication of bankruptcy and the reference to a trustee in bankruptcy shall include a reference to an assignee in bankruptcy.No. 132, after clause 66 insert the following new clause—