HL Deb 23 October 1985 vol 467 cc1256-9

246 Page 83, line 41, leave out from 'is' to end of line 5 on page 84 and insert 'entitled to present a petition under two or more paragraphs of subsection (1) above, the petition shall be treated for the purposes of this Part as a petition under such one of those paragraphs as may be specified in the petition'.

248 Page 84, line 11, at end insert— '(6) Without prejudice to subsection (5) above, where a petition under paragraph (a), (b) or (c) of subsection (1) above in respect of an individual is pending at a time when a criminal bankruptcy order is made against him, or is presented after such an order has been so made, the court may on the application of the Official Petitioner dismiss the petition if it appears to it appropriate to do so.'.

257 Page 85, line 36, at end insert— '(6A) A debt shall not be regarded for the purposes of this section as a debt for a liquidated sum by reason only that the amount of the debt is specified in a criminal bankruptcy order.'.

265 After Clause 107, insert the following new clause: ("Petition based on criminal bankruptcy order. .—(1) Subject to subsection (5) of section 102 above, the court shall make a bankruptcy order on a petition under subsection (1)(d) of that section, on production of a copy of the criminal bankruptcy order on which the petition is based, unless it appears to the court that the criminal bankruptcy order has been rescinded in consequence of an appeal. (2) Subject to the provisions of this Part, the fact that an appeal is pending against any conviction by virtue of which a criminal bankruptcy order was made shall not affect any proceedings on a petition under section 102(1)(d) above based on that order. (3) For the purposes of this section an appeal against a conviction is pending—

  1. (a) in any case, until the expiration of the period of twenty-eight days beginning with the date of conviction;
  2. (b) if notice of appeal to the Court of Appeal is given during that period and during that period the appellant notifies the official receiver thereof, until the determination of the appeal and thereafter for so long as an appeal to the House of Lords is pending within the meaning of section 40(5) of the Powers of Criminal Courts Act 1973")

266 Clause 108, page 89, line 9, leave out 'has' and insert 'was adjudged bankrupt on a petition under section 102(1)((d) above or who had'.

269 Clause 111, page 91, line 23, at end insert— '(1A) The court may annul a bankruptcy order made against an individual on a petition under paragraph (a), (b) or (c) of subsection (1) of section 102 above if it at any time appears to the court, on an application by the Official Petitioner—

  1. (a) that the petition was pending at a time when a criminal bankruptcy order was made against the individual or was presented after such an order was so made; and
  2. (b) no appeal is pending (within the meaning of section (Petition based on criminal bankruptcy order) above) against the individual's conviction of any offence by virtue of which the criminal bankruptcy order was made;
and the court shall annul a bankruptcy order made on a petition under paragraph (d) of that subsection if it at any time appears to the court that the criminal bankruptcy order on which the petition was based has been rescinded in consequence of an appeal.'.

281 Clause 119, page 97, line 35, at end insert 'and, in the case of an individual adjudged bankrupt on a petition under section 102(1)(d) above, the Official Petitioner;'.

282 Clause 122, page 99, line 23, after 'made', insert 'otherwise than on a petition under section 102(1)(d) above'.

284 Clause 125, page 100, line 35, after 'Chapter' insert 'other than section 126(1) below'.

286 Clause 126, page 101, line 17, after '(1)', insert 'Where a bankruptcy order is made on a petition under section 102(1)(d) above, the official receiver shall be trustee of the bankrupt's estate. (1A)'.

288 Clause 127, page 102, line 13, at end insert— '(1A) Where the official receiver is trustee of a bankrupt's estate by virtue of section 126(1) above, he shall not be removed from office under this section.'.

327 Page 119, line 20, at end insert— '(9) Where the bankruptcy order was made on a petition under section 102(1)(d) above, no distribution shall be made'.

368 Clause 190, page 149, line 23, leave out from 'any' to 'to' in line 26 and insert 'of the following—

  1. (a) any debt or liability to which he is subject at the commencement of the bankruptcy;
  2. (b) any debt or liability'.

369 Page 149, line 31, leave out 'and' and insert—

  1. '(c) any amount specified in pursuance of section 39(3)(c) of the Powers of Criminal Courts Act 1973 in any criminal bankruptcy order made against him before the commencement of the bankruptcy; and
  2. (d)'.

370 Page 150, line 9, after 'owed' insert '(being, in the case of an amount falling within paragraph (c) of the definition of "bankruptcy debt", the person in respect of whom that amount is specified in the criminal bankruptcy order in question)'.

371 Page 150, line 14, leave out 'presented'.

372 Page 150, line 15, at end insert— ' "criminal bankruptcy order" means an order under section 39(1) of the Powers of Criminal Courts Act 1973.'.

373 Page 150, line 24, leave out 'presented'.

396 After Clause 200, insert the following new clause:

(" Official Petitioner.

.—(1) There shall continue to be an officer known as the Official Petitioner for the purpose of discharging, in relation to cases in which a criminal bankruptcy order is made, the functions assigned to him by or under this Act; and the Director of Public Prosecutions shall, by virtue of his office, continue to be the Official Petitioner. (2) The functions of the Official Petitioner shall include the following functions, namely—

  1. (a) to consider whether, in a case in which a criminal bankruptcy order is made, it is in the public interest that he should himself present a petition under section 102(1)(d) above;
  2. (b) to present such a petition in any case where he determines it is in the public interest for him to do so;
  3. (c) to make payments, in such cases as he may determine, towards expenses incurred by other persons in connection with proceedings in pursuance of such a petition; and
  4. (d) to exercise, so far as he considers it in the public interest to do so, any of the powers conferred on him by or under this Act.
(3) Any functions of the Official Petitioner may be discharged on his behalf by any person acting with his authority. (4) Neither the Official Petitioner nor any person acting with his authority shall be liable to any action or proceeding in respect of anything done or omitted to be done in the discharge, or purported discharge, of the functions of the Official Petitioner. (5) In this section "criminal bankruptcy order" means an order under section 39(1) of the Powers of Criminal Courts Act 1973.")

512 Page 191, line 8, at end insert—

'The Powers of Criminal Courts Act 1973

20A. In section 39(3)(d) of the Powers of Criminal Courts Act 1973 (criminal bankruptcy orders against convicted persons), for the words from the beginning to "being" there shall be substituted the words "for the purposes of section 153(9) of the Insolvency Act 1985".'.

556 Page 206, line 4, at end insert—

'1973 c.62 The Powers of Criminal Courts Act 1973. Section 39(5). Schedule 2.'

563 Page 207, line 7, at end insert—

'1973 c.62. The Powers of Criminal Courts Act 1973. Section 41.

These amendments introduce into the structure of the bankruptcy code of the Bill provisions relating to criminal bankruptcy along similar lines to the provisions contained in the Powers of Criminal Courts Act of 1973.

Moved, That this House do agree with the Commons in their Amendments Nos. 24? to 244.—(Lord Cameron of Lochbroom.)

On Question, Motion agreed to.

245 Page 83, line 30, leave out 'twelve months' and insert 'three years'.

Lord Lucas of Chilworth

My Lords, I beg to move that this House do agree with the Commons in their Amendment No. 245. I should like also to speak to Amendments Nos. 247, 249 to 256, 258 to 264, 392 to 394, part of 410, 459, 568 and 569.

247 Page 84, line 5, at end insert— '(4A) A bankruptcy petition shall not be withdrawn without the leave of the court.'.

249 Clause 103, page 84, line 22, leave out 'them' and insert 'the debts'.

250 Page 84, line 25, leave out second 'and'.

251 Page 84, line 26, leave out 'them' and insert 'the debts'.

252 Page 84, line 28, at end insert 'and '(d) there is no outstanding application to set aside a demand served for the purposes of subsection (3)(a) or (4) below in respect of the debt or any of the debts.'.

253 Page 84, line 32, after first 'the' insert 'petitioning'.

254 Page 84, line 35, leave out 'petitioning'.

255 Page 84, line 40, leave out 'creditor' and insert 'petitioning creditor, or one or more of the petitioning creditors'.

256 Page 85, line 4, after first 'the' insert 'petitioning'.

258 Clause 105, page 87, line 2, leave out subsection (3).

259 Clause 106, page 87, line 12, leave out 'and'.

260 Page 87, line 17, at end insert 'and (d) that it would be appropriate to appoint a person to prepare a report under subsection (3) below'.

261 Page 87, line 19, leave out '(c)' and insert '(d)'

262 Page 87, line 20, leave out 'may' and insert 'shall'.