HL Deb 23 October 1985 vol 467 cc1202-4

300 Clause 137, page 109, line 14, leave out 'out of the bankrupt's estate, purchase' and insert 'apply funds comprised in the bankrupt's estate to the purchase by or on behalf of the bankrupt of.

301 Page 109, line 15, leave out 'him' and insert 'the trustee'.

303 Clause 139, page 110, line 30, at end insert '; but notice of the deemed assignment shall not be required to be given except in so far as it is necessary, in a case where the deemed assignment is from the bankrupt himself, for protecting the priority of the trustee.'.

323 Clause 146, page 118, line 9, at end insert— '(2A) Sums due from the bankrupt to another party shall not be included in the account taken under subsection (2) above if that other party had notice at the time they became due that a bankruptcy petition relating to the bankrupt was pending.'.

324 Clause 147, page 118, line 40 leave out 'in the hands of the trustee' and insert 'available for the payment of any further dividend'.

325 Page 118, line 44, leave out from 'before' to the end of line 2 on page 119 and insert 'that money is applied to the payment of any such further dividend'.

328 Clause 148, page 119, line 25, after 'themselves' insert 'after the expenses of the bankruptcy'.

335 Clause 158, page 129, line 7, leave out 'served on' and insert 'given to'.

336 Page 130, line 19, leave out subsection (8) and insert— '(8) Neither subsection (2) nor subsection (3) above shall apply in relation to any execution against property which has been acquired by or has developed upon the bankrupt since the commencement of the bankruptcy unless, at the time the execution is issued or before it is completed—

  1. (a) the property has been or is claimed for the bankrupt's estate under section 136 above; and
  2. (b) a copy of the notice given under that section has been or is served on the sheriff or other officer charged with the execution.'.

354 Clause 175 page 141, line 27, leave out 'him' and insert 'the bankrupt'.

355 Clause 176, page 143, line 6 leave out from beginning to ("correspondence") in line 11 and insert—

  1. ("(a) any return, account or accounts submitted (whether before or after the commencement of the bankruptcy) by the bankrupt to any inland revenue official;
  2. (b) any assessment or determination made (whether before or after the commencement of the bankruptcy) in relation to the bankrupt by any inland revenue official; or
  3. (c) any").

356 Clause 178, page 144, line 33, leave out 'letter, packet or telegram' and insert 'postal packet' within the meaning of the Post Office Act 1953).'.

358 Clause 181, page 146, line 17, leave out from second 'Appeal' to the end of line 21.

361 Clause 185, page 147, line 22, leave out 'power of attorney, proxy paper'.

363 Clause 187, page 148, line 17, at end insert— '(1A) 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—

  1. (a) fees payable by virtue of this section; and
  2. (b) fees payable to any person who has prepared a report under section 106(3) above.'.

364 Page 148, line 18, leave out 'Without prejudice to the generality of subsection (1) above'.

365 Page 148, line 20, leave out '(including provision requiring deposits by way of security)'.

366 Clause 188, page 148, line 35, leave out 'and'.

367 Page 148, line 36, at end insert 'and (g) section 173(2)(d);'

380 Page 153, line 17, leave out 'individual in question' and insert 'relevant person'.

384 Clause 192, page 154, line 40, at end insert— ' (7) Subject to the preceding provisions of this section, so much of this Act and of any other enactment (whenever passed) and of any subordinate legislation (whenever made) as—

  1. (a) makes provision for or in connection with bankruptcy in one or more parts of the United Kingdom; or
  2. (b) makes provision conferring a power of arrest in connection with the winding-up or insolvency of companies in one or more parts of the United Kingdom,
shall apply in relation to persons having privilege of Parliament or peerage as it applies in relation to persons not having such privilege.'.

385 Clause 193, page 155, line 4, after 'receiver' insert 'or the official assignee'.

386 Page 155, line 21, after 'receiver' insert 'or official assignee'.