HL Deb 01 November 1976 vol 376 c975

[No. 21]

After Clause 9, insert the following new clause:

Other provisions about administration orders.

'.—(1) Section 21 of the Administration of Justice Act 1965 and section 4(3) of the Attachment of Earnings Act 1971 (under which an application for an administration order and the making of an order requiring the debtor to furnish a list of creditors with a view to the making of an administration order constitute an act of bankruptcy) shall cease to have effect.

(2) In section 4(1)(a) of the said Act of 1971 (power to make administration order on application for attachment of earnings order) for the words "an order should be made for the administration of his estate" there shall be substituted the words "an administration order should be made".'

Lord ORAM

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 21. With the leave of the House, I would also speak to Amendments Nos.49 and 50. The effect of Amendment No. 21 is as follows. Section 21 of the Administration of Justice Act 1965, whereby an application for an administration order by the debtor under Section 148(1) of the County Courts Act 1959 is an Act of bankruptcy by the debtor, is repealed. Section 4(3) of the Attachment of Earnings Act 1971 whereby the making of an order requiring the debtor to furnish a list of creditors with a view to the making of an administration order constitutes an act of bankruptcy, is also repealed. The simple term "administration order" has been substituted for the description of an "order should be made for the administration of his estate" in Section 4(1)(a). Amendments Nos. 49 and 50 are consequential upon the new clause inserted after Clause 9 by Amendments Nos.20 and 21.

Moved, That this House doth agree with the Commons in the said Amendment—(Lord Oram.)

On Question, Motion agreed to.