HL Deb 23 October 1985 vol 467 cc1201-2

199 Clause 72, page 54, line 33, after 'themselves' insert 'after the expenses of the winding up'.

202 Clause 76, page 59, line 21, leave out 'those debts' and insert 'the debts proved in a winding up'.

208 Clause 82, page 63, line 25, leave out 'is' and insert 'was'.

224 Clause 90, page 72, line 5, at end insert— '(1 A) The Lord Chancellor may, with the sanction of the Treasury, by order provide for sums to be deposited, by such persons, in such manner and in such circumstances as may be specified in the order, by way of security for fees payable by virtue of this section.'.

225 Page 72, line 6, leave out 'Without prejudice to the generality of subsection (1) above,'.

226 Page 72, line 8, leave out '(including provision requiring deposits by way of security)'.

226 Clause 91, page 72, line 20, leave out 'preceding'.

230 Page 73, line 19, at end insert— ' "business day" means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in any part of Great Britain;'.

238 Clause 94, page 75, line 13, leave out from 'the' to end of line 37 and insert 'official receiver and, if there is one, to the trustee of his estate'.

239 Clause 95, page 76, line 20, after 'was' insert 'an undischarged bankrupt or was'.

240 Clause 98, page 79, line 11, leave out 'leave' and insert 'concurrence'.

241 Page 79, line 32, after 'and' insert ', immediately after reporting to the court,'.

270 Clause 112, page 92, line 9, leave out paragraph (b).

271 Page 92, line 18, leave out 'or (b)'.

273 Page 92, line 30, at end insert— '(4A) References in this Part to property, in relation to a bankrupt, include references to any power exercisable by him over or in respect of property except in so far as the power is exercisable over or in respect of property not for the time being comprised in the bankrupt's estate and—

  1. (a) is so exercisable at a time after either the official receiver has had his release in respect ot that estate under section 128 (2) below or a meeting summoned by the trustee of that estate under section 150 below has been held; or
  2. (b) cannot be so exercised for the benefit of the bankrupt;
and a power exercisable over or in respect of property shall be deemed for the purposes of this Part to vest in the person entitled to exercise it at the time of the transaction or event by virtue of which it is exercisable by that person (whether or not it becomes so exercisable at that time.').

274 Clause 113, page 93, line 7, after 'payment', insert '(whether in cash or otherwise)'.

275 Page 93, line 23, at end insert— '(4A) Where after the commencment of his bankruptcy a bankrupt has incurred a debt to a banker or other person by reason of the making of a payment which is void under this section, that debt shall be deemed for the purposes of this Part to have been incurred before the commencement of the bankruptcy unless—

  1. (a) that banker or person had notice of the bankiuptcy before the debt was incurred; or
  2. (b) it is not reasonably practicable for the amount of the payment to be recovered from the person to whom it was made.'.

276 Page 93, line 26, at end insert 'but nothing in this section shall affect any disposition made by any person of property held by him on trust for any other person'.

277 Clause 114, page 94, line 10, leave out 'be entitled to realise his security until' and insert ', without the leave of the court, be entitled to realise his security unless'.

279 Clause 117, page 96, line 11, leave out from 'made to end of line 12 and insert 'otherwise than on a debtor's petition'.

297 Clause 136, page 108, line 10, at beginning insert 'Subject to subsection (3A) below,'.

298 Page 108, line 12, leave out from 'and' to second 'the' in line 14.

299 Page 108, line 16, at end insert— '(3A) Where, whether before or after the service of a notice under this section—

  1. (a) a person acquires property in good faith, for value and without notice of the bankruptcy; or
  2. (b) a banker enters into a transaction in good fault and without such notice,
the trustee shall not in respect of that property or transaction be entitled by virtue of this section to any remedy against that person or banker, or any person whose title to any property derives from that person or banker.'.