HL Deb 23 October 1985 vol 467 c1261

267A Line 3, leave out ("or other penalty").

Lord Lucas of Chilworth

My Lords I beg to move that this House do agree with the Commons in their Amendment No. 267, as amended by 267 A. If I may, I should like to speak briefly to Amendments Nos. 280 and 302.

280 Clause 118, page 97, leave out lines 1 to 4 and insert '; and the court shall consider that report before determining what order (if any) to make under that section'.

302 Clause 138, page 110, line 2, leave out from 'and' to end of line 4 and insert, ', if made before, shall not have effect after his discharge except—

  1. (a) in the case of a discharge under section 108(2)(a) above, by virtue of a condition imposed under section 109(2)(c) above; or
  2. (b) in the case of a discharge under section 108(2)(b) above, by virtue of a provision of the order requiring it to continue in force for a period ending after the discharge but no later than three years after the making of the order.'.

These amendments extend the nature of the debts from which a bankrupt is not released on his discharge to include fines and penalties imposed in respect of criminal offences. It also gives power to prescribing the rules for other debts being debts not claimable in bankruptcy which will not be released on discharge. The power has been taken principally to enable provision to be made in relation to any future legislative developments which give rise to debts from which it is considered a bankrupt should not be released on his discharge. In addition, there are certain personal rights, for example, a claim for damages for defamation of character which do not vest in the bankrupt's trustee.

There are three new amendments relating to the discharge of bankrupts: those connected with Commons Amendment 267, which insert a definition of the word "fine" for the sake of consistency with other legislation. The amendment consequential on the Commons Amendment 268 inserts a consequential reference as the Commons Amendment added a new subsection to Clause 10. I commend these amendments to your Lordships.

Moved, That this House do agree with the Commons in their Amendment No. 267 as amended by Amendment No. 267A.—(Lord Lucas of Chilworth.)

On Question, Motion agreed to.