HL Deb 23 October 1985 vol 467 c1267

331A Line 2, leave out from ("where") to end of line 6 and insert—

  1. ("(a) a person who is entitled to occupy a dwelling house by virtue of a beneficial estate or interest is adjudged bankrupt; and
  2. (b) any persons under the age of eighteen with whom that person had at some time occupied that dwelling house had their home with that person at the time when the bankruptcy petition was presented and at the commencement of the bankruptcy.")

331B Leave out Unes 9 to 24, at insert—

  1. ("(a) the bankrupt shall have the following rights as against the trustee of his estate—
    1. (i) if in occupation, a right not to be evicted or excluded from the dwelling house or any part thereof, except with the leave of the court;
    2. (ii) if not in occupation, a right with the leave of the court to enter into and occupy the dwelling house; and
  2. (b) the bankrupt's rights shall be a charge, having the like priority as an equitable interest created immediately before the commencement of the bankruptcy, on so much of the estate or interest in the dwelling house as vests in the trustee.
(3) The Matrimonial Homes Act 1983 shall have effect, with the necessary modifications, as if—
  1. (a) the rights conferred by paragraph (a) of subsection (2) above were rights of occupation under that Act;
  2. (b) any application for leave such as is mentioned in that paragraph were an application for an order under section 1 of that Act; and
  3. (c) any charge under paragraph (b) of that subsection on the estate or interest of the trustee were a charge under that Act on the estate or interest of a spouse.
(4) Any application for leave such as is mentioned in subsection (2)(a) above or otherwise by virtue of this section")