HL Deb 23 October 1985 vol 467 cc1272-3

359 Leave out Clause 182.

Lord Cameron of Lochbroom

My Lords, I beg to move that this House do agree with the Commons in their Amendment No. 359. With the leave of the House I shall speak also to Amendments Nos. 382, 383, 383A to 383L, 406, 409, 411,412, 412A, 521, 555, 562 and 564 to 566.

382 Clause 191, page 153, line 39, leave out subsection (8).

383 After clause 191, insert the following new clause: ("Co-operation between courts exercising jurisdiction in relation to insolvency law. .—(1) An order made by a court in any part of the United Kingdom in the exercise of jurisdiction in relation to insolvency law shall be enforced in any other part of the United Kingdom as if it were made by a court exercising the corresponding jurisdiction in that other part. (2) Without prejudice to subsections (3) and (4) below, nothing in subsection (1) above shall require a court in any part of the United Kingdom to enforce, in relation to property situated in that part, any order made by a court in any other part of the United Kingdom. (3) The courts having jurisdiction in relation to insolvency law in any part of the United Kingdom shall assist the courts having the corresponding jurisdiction in any other part of the United Kingdom or any relevant country or territory. (4) For the purposes of subsection (3) above a request made to a court in any part of the United Kingdom by a court in any other part of the United Kingdom or in a relevant country or territory shall be authority for the court to which the request is made to apply, in relation to any matters specified in the request, the insolvency law which is applicable by either court in relation to comparable matters falling within its jurisdiction; and in exercising its discretion under this subsection, a court shall have regard in particular to the rules of private international law. (5) Section 38 of the Criminal Law Act 1977 (execution of warrant of arrest throughout the United Kingdom) shall apply to a warrant which, in exercise of any jurisdiction in relation to insolvency law, is issued in any part of the United Kingdom for the arrest of a person as it applies to a warrant issued in that part of the United Kingdom for the arrest of a person charged with an offence. (6) In this section "insolvency law" means—

  1. (a) in relation to England and Wales, provision extending to England and Wales and made by or under this Act or Parts XIX to XXI of the 1985 Act;
  2. (b) in relation to Scotland, provision extending to Scotland and made by or under this Act, Parts XVIII to XXI of the 1985 Act or the Bankruptcy (Scotland) Act 1985;
  3. (c) in relation to Northern Ireland, provision made by or under the Bankruptcy Acts (Northern Ireland) 1857 to 1980, Part V, VI or IX of the Companies Act (Northern Ireland) 1960 or Part IV of the Companies (Northern Ireland) Order 1978;
  4. (d) in relation to any relevant country or territory, so much of the law of that country or territory as 1273 corresponds to provisions falling within any of the foregoing paragraphs.
(7) In this section "relevant country or territory" means—
  1. (a) any of the Channel Islands or the Isle of Man; or
  2. (b) any country or territory designated for the purposes of this section by the Secretary of State by order made by statutory instrument."