HL Deb 23 October 1985 vol 467 cc1270-1

337 Clause 166, page 136, line 10, after 'causes' insert to be made'.

338 [Printed above.]

339 Page 136, line 15, leave out 'bankruptcy order was made)' and insert 'commencement of the bankruptcy'.

340 Clause 168, page 137, line 28, after 'engages' insert '(whether directly or indirectly)'.

341 Page 137, line 33, after 'to' insert '—

  1. (a)'

342 Page 137, line 35, at end insert 'and

  1. (b) a case where he is paid in advance (whether in money or otherwise) for the supply of goods or services.'.

343 Clause 170, page 138, line 38, leave out from beginning to 'in' in line 42 and insert 'The bankrupt shall be guilty of an offence if he has—

  1. (a)'

344 Page 139, line 1, leave out from 'speculations' to 'between' in line 3 and insert 'or

345 Page 139, line 5, leave out 'such gambling or' and insert 'gambling or by rash and hazardous'.

346 Clause 171, page 139, line 19, after ' 168(1)' insert 'or (3)'.

Lord Lucas of Chilworth

My Lords, I beg to move that this House do agree with the Commons in their Amendments Nos. 337 to 346. In speaking to these, I wish to speak also to Amendment No. 473:

473 Page 180, line 19, at end insert— 34A. After subsection (1) of section 625 (transactions in fraud of creditors) there shall be inserted the following subsection— (1A) A person shall not be guilty of an offence under this section—

  1. (a) by reason of conduct constituting an offence under subsection (l)(a) above which occurred more than five years before the commencement of the winding-up; or
  2. (b) if he proves that, at the time of the conduct constituting the offence, he had no intent to defraud the creditors of the company."
34B. In section 626(1)(d) (failure to inform liquidator that false debt has been proved), for the words "for the period of a month to inform the liquidator of it" there shall be substituted the words "to inform the liquidator as soon as practicable".'.

These amendments relate to various offences which may be committed under the Bill and are mainly technical in nature, giving greater consistency to various provisions and seeking to eliminate certain loopholes for which the existing legislation does not adequately cater.

Moved, That this House do agree with the Commons in their Amendments Nos. 337 to 346.—(Lord Lucas of Chilworth.)

On Question, Motion agreed to.