HL Deb 01 November 1976 vol 376 cc966-7

[Nos.5 and 6.]

Clause 5, page 4, line 17, at end insert; and in determining whether to make an order the court shall have regard to all the circumstances of the case including, in particular,

  1. (a)whether the debtor has made a full disclosure of his affairs;
  2. (b)whether he has been adjudged bankrupt on a previous occasion;
  3. (c)the number and nature of his debts;
  4. (d)whether his bankruptcy would for any reason be a matter of public concern; and
  5. (e)such other matters as may be prescribed for the purposes of this subsection by rules made under section 132 of the said Act of 1914.'

Clause 5, page 4, line 19, at end insert but the power of the court under section 108(1) of the said Act of 1914 to review or rescind any such order may be exercised either on the application of the official receiver or on the application of the debtor, a creditor or the trustee.'

Lord ORAM

My Lords, with the leave of the House I beg to move that this House doth agree with the Commons in their Amendments Nos.5 and 6 en bloc. The purpose of Amendment No. 5 is to set out certain criteria to guide the court when considering whether to make an order dispensing with the public examination in a particular case. The effect of the Amendment would be that in determining whether to make an order dispensing with a public examination, the court would have regard to all the circumstances of the case, including in particular: whether the debtor has made a full disclosure of his affairs; whether he has been bankrupt before; the number and nature of his debts; whether his bankruptcy would for any reason be a matter of public concern; and any other criteria as may be prescribed by rules.

The purpose of Amendment No. 6 is to remove any doubt as to whether persons, other than the Official Receiver, can have recourse to Section 108(1) of the Bankruptcy Act 1914 in respect of an order dispensing with a public examination. The Amendment would have the effect of ensuring that the court's power to review or rescind an order dispensing with a public examination, may be exercised on the application under Section 108(1) of the debtor, a creditor or the trustee, in addition to the Official Receiver. I beg to move.

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

On Question, Motion agreed to.