Session 2012 - 13
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Enterprise and Regulatory Reform Bill


Enterprise and Regulatory Reform Bill
Schedule 19 — Adjudicators: minor and consequential amendments

262

 

(b)   

after “section 264(1)” insert “or on a bankruptcy application”, and

(c)   

in paragraph (a) after “pending” insert “or the application was

ongoing”.

14         

In section 283 (definition of bankrupt’s estate), in subsection (5)(a) for

“adjudged” substitute “made”.

5

15    (1)  

Section 284 (restrictions on dispositions of property) is amended as follows.

      (2)  

In subsection (1) for “adjudged” substitute “made”.

      (3)  

In subsection (3) for “presentation of the petition for the bankruptcy order”

substitute “making of the bankruptcy application or (as the case may be) the

presentation of the bankruptcy petition”.

10

      (4)  

In subsection (4), in paragraph (a) before “petition” insert “bankruptcy

application had been made or (as the case may be) that the bankruptcy”.

16    (1)  

Section 285 (restriction on proceedings and remedies) is amended as follows.

      (2)  

In subsection (1)—

(a)   

after “when” insert “proceedings on a bankruptcy application are

15

ongoing or”, and

(b)   

for “adjudged” substitute “made”.

      (3)  

In subsection (2) after “proof that” insert “a bankruptcy application has been

made or”.

17    (1)  

Section 286 is amended as follows.

20

      (2)  

Omit subsection (2).

      (3)  

In subsection (8), for “adjudged” substitute “made”.

18         

In section 288 (statement of affairs), in subsection (1) for “debtor’s petition”

substitute “bankruptcy application”.

19         

In section 290 (public examination of bankrupt), in subsection (4)(a) for

25

“adjudged” substitute “made”.

20         

In section 293 (summoning of meeting to appoint first trustee), in

subsections (2) and (3) for “court” substitute “prescribed person”.

21         

In section 295 (failure of meeting to appoint trustee), in subsection (3) for

“court” substitute “prescribed person”.

30

22    (1)  

Section 297 (appointment of trustee of bankrupt’s estate: special cases) is

amended as follows.

      (2)  

Omit subsection (4).

      (3)  

In subsection (6) omit “(4) or”.

23         

In section 298 (removal of trustee and vacation of office), in subsections (7)

35

and (8) for “court” substitute “prescribed person”.

24    (1)  

Section 299 (release of trustee) is amended as follows.

      (2)  

In subsection (1)(a) for “to the court” substitute “under this paragraph to the

prescribed person”.

      (3)  

In subsection (3)(a) for “court” substitute “prescribed person”.

40

 
 

Enterprise and Regulatory Reform Bill
Schedule 19 — Adjudicators: minor and consequential amendments

263

 

25    (1)  

Section 320 (court order vesting disclaimed property) is amended as follows.

      (2)  

In subsection (2)(c) before “bankruptcy” insert “bankruptcy application was

made or (as the case may be) the”.

      (3)  

In subsection (3)(c) before “bankruptcy” insert “bankruptcy application was

made or (as the case may be) the”.

5

26         

In section 321 (orders under section 320 in respect of leaseholds), in

subsection (1)(a) before “bankruptcy” insert “bankruptcy application was

made or (as the case may be) the”.

27         

In section 323 (mutual credit and set-off), in subsection (3) before “a

bankruptcy” insert “proceedings on a bankruptcy application relating to the

10

bankrupt were ongoing or that”.

28         

In section 334 (stay of distribution in case of second bankruptcy), in

subsection (2) before “presentation of the petition” insert “making of the

application or (as the case may be) the”.

29    (1)  

Section 336 (rights of occupation etc of bankrupt’s spouse or civil partner) is

15

amended as follows.

      (2)  

In subsection (1) for “presentation of the petition for the bankruptcy order”

substitute “making of the bankruptcy application or (as the case may be) the

presentation of the bankruptcy petition”.

      (3)  

In subsection (2) for “adjudged” substitute “made”.

20

30         

In section 337 (rights of occupation of bankrupt), in subsection (1)—

(a)   

in paragraph (a) for “adjudged” substitute “made”, and

(b)   

in paragraph (b) before “bankruptcy petition” insert “bankruptcy

application was made or (as the case may be) the”.

31         

In section 339 (transactions at an undervalue), in subsection (1) for

25

“adjudged” substitute “made”.

32         

In section 340 (preferences), in subsection (1) for “adjudged” substitute

“made”.

33         

In section 341 (meaning of “relevant time” under sections 339 and 340), in

subsection (1)(a) for “presentation of the bankruptcy petition on which the

30

individual is adjudged” substitute “making of the bankruptcy application as

a result of which, or (as the case may be) the presentation of the bankruptcy

petition on which, the individual is made”.

34    (1)  

Section 342 (orders under sections 339 and 340) is amended as follows.

      (2)  

In subsection (1) for “adjudged” substitute “made”.

35

      (3)  

In subsection (5)—

(a)   

for paragraph (a) substitute—

“(a)   

of the fact that the bankruptcy application as a result

of which, or (as the case may be) the bankruptcy

petition on which, the individual in question is made

40

bankrupt has been made or presented; or”, and

(b)   

in paragraph (b) for “adjudged” substitute “made”.

35         

In section 342A (recovery of excessive pension contributions), in subsection

(1) for “adjudged” substitute “made”.

 
 

Enterprise and Regulatory Reform Bill
Schedule 19 — Adjudicators: minor and consequential amendments

264

 

36         

In section 343 (extortionate credit transactions), in subsection (1) for

“adjudged” substitute “made”.

37    (1)  

Section 344 (avoidance of general assignment of book debts) is amended as

follows.

      (2)  

In subsection (1) for “adjudged” substitute “made”.

5

      (3)  

In subsection (2) before “presentation” insert “making of the bankruptcy

application or (as the case may be) the”.

38         

In section 345 (contracts to which bankrupt is a party), in subsection (1) for

“adjudged” substitute “made”.

39    (1)  

Section 346 (enforcement procedures) is amended as follows.

10

      (2)  

In subsections (1) and (2) for “adjudged” substitute “made”.

      (3)  

In subsection (3)—

(a)   

in paragraph (b) before “bankruptcy” insert “bankruptcy application

has been made or a”, and

(b)   

in paragraph (c) before “on that petition” insert “as a result of that

15

application or”.

      (4)  

In subsection (4)(a) after “while” insert “proceedings on a bankruptcy

application are ongoing or (as the case may be)”.

40    (1)  

Section 347 (distress, etc) is amended as follows.

      (2)  

In subsection (2)—

20

(a)   

after “individual to whom” insert “a bankruptcy application or”, and

(b)   

before “on that petition” insert “as a result of that application or”.

      (3)  

In subsection (3) for “adjudged” substitute “made”.

41         

In section 348 (apprenticeships, etc), in subsection (1)(a) for “petition on

which the order was made” substitute “application for the order was made

25

or (as the case may be) the petition for the order”.

42         

In section 350 (application of Chapter 6 of Part 9: bankruptcy offences), in

subsection (1) after “applies” insert “—

(a)   

where an adjudicator has made a bankruptcy order as a result

of a bankruptcy application, or

30

(b)   

”.

43    (1)  

Section 351 (definitions for the purposes of Chapter 6 of Part 9) is amended

as follows.

      (2)  

In paragraph (b) before “presentation” insert “making of the bankruptcy

application or (as the case may be) the”.

35

      (3)  

Omit paragraph (c), and the preceding “and”.

44    (1)  

Section 354 (concealment of property) is amended as follows.

      (2)  

In subsection (1)(c) before “petition” insert “the making of the bankruptcy

application or (as the case may be) the presentation of the bankruptcy”.

      (3)  

In subsection (3)(a) before “petition” insert “the making of the bankruptcy

40

application or (as the case may be) the presentation of the bankruptcy”.

 
 

Enterprise and Regulatory Reform Bill
Schedule 19 — Adjudicators: minor and consequential amendments

265

 

45    (1)  

Section 355 (concealment of books and papers; falsification) is amended as

follows.

      (2)  

In subsection (2)(d) before “petition” insert “the making of the bankruptcy

application or (as the case may be) the presentation of the bankruptcy”.

      (3)  

In subsection (3)(b) before “petition” insert “the making of the bankruptcy

5

application or (as the case may be) the presentation of the bankruptcy”.

46         

In section 356 (false statements), in subsection (2)(c) before “petition” insert

“the making of the bankruptcy application or (as the case may be) the

presentation of the bankruptcy”.

47         

In section 358 (absconding), in paragraph (b) before “petition” insert “the

10

making of the bankruptcy application or (as the case may be) the

presentation of the bankruptcy”.

48    (1)  

Section 359 (fraudulent dealing with property obtained on credit) is

amended as follows.

      (2)  

In subsection (1) before “petition” insert “the making of the bankruptcy

15

application or (as the case may be) the presentation of the bankruptcy”.

      (3)  

In subsection (2) before “petition” insert “the making of the bankruptcy

application or (as the case may be) the presentation of the bankruptcy”.

49         

In section 360 (obtaining credit and engaging in business), in subsection

(1)(b) for “adjudged” substitute “made”.

20

50    (1)  

Section 364 (power of arrest) is amended as follows.

      (2)  

In subsection (1)(a) after “to whom a” insert “bankruptcy application or a”.

      (3)  

In subsection (2) before “presentation” insert “making of the bankruptcy

application or the”.

51         

In section 376 (time limits), after “anything” insert “(including anything in

25

relation to a bankruptcy application)”.

52    (1)  

Section 381 (definition of “bankrupt” and associated terminology) is

amended as follows.

      (2)  

In subsection (1) for “adjudged” (in both places where it occurs) substitute

“made”.

30

      (3)  

After subsection (1) insert—

“(1A)   

“Bankruptcy application” means an application to an adjudicator for

a bankruptcy order.”

      (4)  

In subsection (2) for “adjudging” substitute “making”.

53         

In section 383 (definition of “creditor” etc.), in subsection (1)(b)—

35

(a)   

after “to whom a” insert “bankruptcy application or”, and

(b)   

after “that” insert “application or”.

54         

In section 384 (definitions of “prescribed” and “the rules”), in subsection (1)

omit “section 273;”.

55         

In section 385 (miscellaneous definitions), in subsection (1)—

40

 
 

Enterprise and Regulatory Reform Bill
Schedule 19 — Adjudicators: minor and consequential amendments

266

 

(a)   

before the definition of “the court” insert—

““adjudicator” means a person appointed by the

Secretary of State under section 398A;”,

(b)   

in the definition of “the debtor”, in paragraph (b)—

(i)   

before “bankruptcy petition” insert “bankruptcy application

5

or a”, and

(ii)   

after “to whom the” insert “application or”,

(c)   

omit the definition of “debtor’s petition”, and

(d)   

before the definition of “dwelling house” insert—

“determination period” has the meaning given in

10

section 263K(4);”.

56         

In section 387 (meaning of “the relevant date”), in subsection (6)(a) after

“after” insert “the making of the bankruptcy application or (as the case may

be)”.

57         

In section 389A (authorisation of nominees and supervisors), in subsection

15

(3)(a) for “adjudged” substitute “made”.

58         

In section 390 (persons not qualified to act as insolvency practitioners), in

subsection (4)(a) for “adjudged” substitute “made”.

59    (1)  

Section 415 (fees orders) is amended as follows.

      (2)  

In subsection (1)—

20

(a)   

after paragraph (a) omit “and”, and

(b)   

at the end of paragraph (b) insert “and

(c)   

the performance by an adjudicator of functions under

Part 9 of this Act,”.

      (3)  

After subsection (1) insert—

25

“(1A)   

An order under subsection (1) may make different provision for

different purposes, including by reference to the manner or form in

which proceedings are commenced.”

60         

In section 421A (insolvent estates: joint tenancies), in subsection (9) in the

definition of “value lost to the estate”, for “adjudged” substitute “made”.

30

61         

In section 424 (who may apply for an order under section 423 in respect of

transactions entered into at an undervalue), in subsection (1)(a) for

“adjudged” substitute “made”.

62         

In Schedule 4ZA (conditions for making a debt relief order), for paragraph 3

substitute—

35

“3         

A bankruptcy application under Part 9—

(a)   

has not been made before the determination date; or

(b)   

has been so made, but proceedings on the application have

been finally disposed of before that date.”

63    (1)  

In Schedule 4A (bankruptcy restrictions orders), paragraph 2 is amended as

40

follows.

      (2)  

In sub-paragraph (2)—

(a)   

in paragraph (a), for the words from “petition” to the end substitute

“the making of the bankruptcy application or (as the case may be) the

 
 

Enterprise and Regulatory Reform Bill
Schedule 19 — Adjudicators: minor and consequential amendments

267

 

presentation of the bankruptcy petition and ending with the date of

the application for the bankruptcy restrictions order”, and

(b)   

in paragraph (j), for “presentation of the petition” substitute “the

making of the bankruptcy application or (as the case may be) the

presentation of the bankruptcy petition”.

5

      (3)  

In sub-paragraph (4) omit the definition of “before petition”.

64         

In Schedule 6 (categories of preferential debts), in paragraph 14(1) for

“adjudged” substitute “made”.

65    (1)  

Schedule 9 (provisions capable of inclusion in individual insolvency rules)

is amended as follows.

10

      (2)  

After paragraph 4 insert—

“Adjudicators

4A         

Provision for regulating the practice and procedure of

adjudicators in the discharge of functions for the purposes of Part

9 of this Act.

15

4B         

Provision about the form and content of a bankruptcy application

(including an application for a review of an adjudicator’s

determination).”

      (3)  

After paragraph 4B (as inserted by sub-paragraph (2)) insert—

“Appeals against determinations by adjudicators

20

4C         

Provision about the making and determining of appeals to the

court against a determination by an adjudicator, including

provision—

(a)   

enabling the court to make a bankruptcy order on such an

appeal, and

25

(b)   

about where such appeals lie.”

      (4)  

After paragraph 24 insert—

“24A       

Provision requiring adjudicators—

(a)   

to keep files and other records relating to bankruptcy

applications and bankruptcies resulting from bankruptcy

30

applications,

(b)   

to make files and records available for inspection by

persons of a prescribed description, and

(c)   

to provide files and records, or copies of them, to persons

of a prescribed description.

35

24B        

Provision requiring an adjudicator to make returns to the

Secretary of State of the adjudicator’s business under Part 9 of this

Act.

24C        

Provision requiring official receivers—

(a)   

to keep files and other records relating to bankruptcy

40

applications and bankruptcies resulting from bankruptcy

applications, and

 
 

Enterprise and Regulatory Reform Bill
Schedule 20 — Abolition of Agricultural Wages Board and related English bodies: consequential provision

268

 

(b)   

to make files and records available for inspection by

persons of a prescribed description.

24D        

Provision requiring a person to whom notice is given under

section 293(2), 295(3), 298(7) or (8) or section 299(1)(a) or (3)(a)—

(a)   

to keep files and other records of notices given under the

5

section in question, and

(b)   

to make files and records available for inspection by

persons of a prescribed description.”

66    (1)  

In the Table in Schedule 10 (punishment of offences), insert the following

entry after the entry relating to section 262A(1)—

10

 

“263O

False

1. On indictment

1. 7 years or a

 
  

representations


fine, or both.

 
  

or omissions in

2. Summary

2. 12 months or

 
  

connection with

 

the statutory

 
  

a bankruptcy

 

maximum, or

 

15

  

application.

 

both.”

 

      (2)  

In the application of the entry inserted by sub-paragraph (1) in relation to an

offence committed before the commencement of section 154(1) of the

Criminal Justice Act 2003 (limit on magistrates’ court powers to impose

imprisonment), the reference in the fourth column to “12 months” is to be

20

read as a reference to “6 months”.

Schedule 20

Section 74(4)

 

Abolition of Agricultural Wages Board and related English bodies:

consequential provision

1          

In section 28 of the Rent (Agriculture) Act 1976 (duty of housing authority

25

upon receiving application that agricultural worker be re-housed etc), in

subsection (3), for “The authority” substitute “If the dwelling-house is in

Wales, the authority”.

2          

The repeals and revocations in the following table have effect.

 

Reference

Extent of repeal or revocation

 

30

 

Agricultural Wages Act 1948

Section 1.

 
 

(c. 47)

In section 2—

 
  

(a)   

in subsection (1)—

 
  

(a)   

the words “England and”, and

 
  

(b)   

paragraph (a), and

 

35

  

(b)   

subsection (4).

 
  

Sections 3 to 4.

 
  

Sections 6 to 16.

 
  

In section 17—

 
  

(a)   

in subsection (1), the definition of “the

 

40

  

national minimum wage”, and

 
  

(b)   

subsection (1A).

 
 
 

 
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Revised 19 March 2013