§ 166 After Clause 286, insert the following new clause—
§ "Compensation of creditors
- (1) Any person who was a creditor of the respondent at the time when a recovery order was made may, within one year of the date of the order, make an application to the court for compensation.
- (2) The court may require the enforcement authority to pay compensation to the applicant if it is satisfied that—
- (a) as a result of the making of the order the respondent is wholly or in part unable to repay the debt;
- (b) the debt was incurred for full consideration; and
- (c) at the time the debt was incurred the applicant had no reason to believe that a recovery order could be made against the respondent."
§
The Commons disagreed to this amendment for the following reason—
166A Because it would involve a charge on public finds, and the Commons do not offer any further Reason, trusting that this Reason may be deemed sufficient.
§ Lord Falconer of ThorotonMy Lords, I beg to move that the House do not insist on their Amendment No. 166 to which the Commons have disagreed for their reason numbered 166A.
§ Moved, that the House do not insist on their Amendment No. 166 to which the Commons have disagreed for their reason numbered 166A.—(Lord Falconer of Thoroton.)
§ On Question, Motion agreed to.
§ Bill returned to the Commons with amendments.