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| |
| |
|
| | “87A | No further possibility of appeal |
|
| | (1) | The following rule applies for the purposes of construing any |
|
| | provision of this Part which refers to there being no further possibility |
|
| | |
| | (a) | an appeal against a decision of a court, or |
|
| | (b) | an appeal on which an order of a court could be varied or |
|
| | |
| | (2) | Any power to extend the time for giving notice of application for leave |
|
| | to appeal, or for applying for leave to appeal, must be ignored.”’. |
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| |
| |
| | |
| Page 172, line 2 [Schedule 7], at end insert— |
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| | | ‘In section 153(2) (definition of confiscation order subject to appeal: Scotland) |
|
| | omit the words from “; and for” to the end. |
|
| | | After section 153 insert— |
|
| | “153A | No further possibility of appeal |
|
| | (1) | The following rule applies for the purposes of construing any |
|
| | provision of this Part which refers to there being no further possibility |
|
| | |
| | (a) | an appeal against (or review of) a decision of a court, or |
|
| | (b) | an appeal on which an order of a court could be varied or |
|
| | |
| | |
| | (a) | to allow an appeal (or review) out of time, or |
|
| | (b) | to extend the time for applying for leave to appeal, |
|
| | |
| |
| | |
| Page 172, line 4 [Schedule 7], at end insert— |
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| | | ‘In section 233 (proceedings: Northern Ireland) for subsection (7) substitute— |
|
| | “(7) | Any power to extend the time for giving notice of application for leave |
|
| | to appeal, or for applying for leave to appeal, must be ignored for the |
|
| | purposes of subsection (6).” |
|
| | | In section 235(2) (definition of confiscation order subject to appeal: Northern |
|
| | Ireland) omit the words from “; and for” to the end. |
|
| | | After section 235 insert— |
|
| | “235A | No further possibility of appeal |
|
| | (1) | The following rule applies for the purposes of construing any |
|
| | provision of this Part which refers to there being no further possibility |
|
| | |
| | (a) | an appeal against a decision of a court, or |
|
|
|
| |
| |
|
| | (b) | an appeal on which an order of a court could be varied or |
|
| | |
| | (2) | Any power to extend the time for giving notice of application for leave |
|
| | to appeal, or for applying for leave to appeal, must be ignored.”’. |
|
| |
| | |
| Page 172, line 5 [Schedule 7], leave out paragraph 46 and insert— |
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| | | ‘In section 308 (recoverable property: exceptions) after subsection (8) insert— |
|
| | “(8A) | Property is not recoverable while it is detained under or by virtue of |
|
| | section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, |
|
| | 193A, 195J, 195K, 195M or 195P.” |
|
| | | In section 417 (property excluded from estate of person adjudged bankrupt in |
|
| | England and Wales) for subsection (2) substitute— |
|
| | “(2) | The following property is excluded from the person’s estate for the |
|
| | purposes of Part 9 of the 1986 Act— |
|
| | (a) | property for the time being subject to a restraint order which |
|
| | was made under section 41, 120 or 190 before the order |
|
| | adjudging the person bankrupt; |
|
| | (b) | property for the time being detained under or by virtue of |
|
| | section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, |
|
| | 127P, 193A, 195J, 195K, 195M or 195P; |
|
| | (c) | property in respect of which an order under section 50, 128(3) |
|
| | |
| | (d) | property in respect of which an order under section 67A, 131A |
|
| | |
| | (1) | Section 418 (restriction of powers where person adjudged bankrupt in England |
|
| | and Wales) is amended as follows. |
|
| | |
| | (a) | in paragraph (a) for “67” substitute “67B, the powers conferred on an |
|
| | appropriate officer by section 47C”, |
|
| | (b) | in paragraph (b) after “Schedule 3” insert “, the powers conferred on |
|
| | an appropriate officer by section 127C”, and |
|
| | (c) | in paragraph (c) for “215” substitute “215B, the powers conferred on |
|
| | an appropriate officer by section 195C”. |
|
| | (3) | In subsection (3) after paragraph (e) insert— |
|
| | “(f) | in a case where a confiscation order has been made under |
|
| | section 6, 92 or 156 of this Act, any sums remaining in the |
|
| | hands of an appropriate officer after the amount required to be |
|
| | paid under the confiscation order has been fully paid under |
|
| | section 67D(2)(b), 131D(2)(b) or 215D(2)(b).” |
|
| | (1) | Section 419 (tainted gifts by person adjudged bankrupt in England and Wales) |
|
| | |
| | |
| | (a) | after paragraph (a) insert— |
|
| | “(aa) | such property is detained under or by virtue of section |
|
| | 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, |
|
| | 127P, 193A, 195J, 195K, 195M or 195P,”, and |
|
| | (b) | after paragraph (b) insert “, or |
|
|
|
| |
| |
|
| | (c) | there is in force in respect of such property an order |
|
| | under section 67A, 131A or 215A.” |
|
| | (3) | In subsection (3) for “subsection (2)(a) or (b)” substitute “subsection (2)(a), (b) |
|
| | |
| | | In section 420 (property excluded from the debtor's estate where sequestration |
|
| | in Scotland) for subsection (2) substitute— |
|
| | “(2) | The following property is excluded from the debtor’s estate for the |
|
| | purposes of the 1985 Act— |
|
| | (a) | property for the time being subject to a restraint order which |
|
| | was made under section 41, 120 or 190 before the award of |
|
| | |
| | (b) | property for the time being detained under or by virtue of |
|
| | section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, |
|
| | 127P, 193A, 195J, 195K, 195M or 195P; |
|
| | (c) | property in respect of which an order under section 50, 128(3) |
|
| | |
| | (d) | property in respect of which an order under section 67A, 131A |
|
| | |
| | (1) | Section 421 (restriction of powers where award of sequestration) is amended |
|
| | |
| | |
| | (a) | in paragraph (a) for “67” substitute “67B, the powers conferred on an |
|
| | appropriate officer by section 47C”, |
|
| | (b) | in paragraph (b) after “Schedule 3” insert “, the powers conferred on |
|
| | an appropriate officer by section 127C”, and |
|
| | (c) | in paragraph (c) for “215” substitute “215B, the powers conferred on |
|
| | an appropriate officer by section 195C”. |
|
| | (3) | In subsection (3) after paragraph (e) insert— |
|
| | “(f) | in a case where a confiscation order has been made under |
|
| | section 6, 92 or 156 of this Act, any sums remaining in the |
|
| | hands of an appropriate officer after the amount required to be |
|
| | paid under the confiscation order has been fully paid under |
|
| | section 67D(2)(b), 131D(2)(b) or 215D(2)(b).” |
|
| | (1) | Section 422 (tainted gifts by person whose estate is sequestrated in Scotland) |
|
| | |
| | |
| | (a) | after paragraph (a) insert— |
|
| | “(aa) | such property is detained under or by virtue of section |
|
| | 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, |
|
| | 127P, 193A, 195J, 195K, 195M or 195P,”, and |
|
| | (b) | after paragraph (b) insert “, or |
|
| | (c) | there is in force in respect of such property an order |
|
| | under section 67A, 131A or 215A.” |
|
| | (3) | In subsection (3) for “subsection (2)(a) or (b)” substitute “subsection (2)(a), (b) |
|
| | |
| | | In section 423 (property excluded from estate of person adjudged bankrupt in |
|
| | Northern Ireland) for subsection (2) substitute— |
|
| | “(2) | The following property is excluded from the person’s estate for the |
|
| | purposes of Part 9 of the 1989 Order— |
|
|
|
| |
| |
|
| | (a) | property for the time being subject to a restraint order which |
|
| | was made under section 41, 120 or 190 before the order |
|
| | adjudging the person bankrupt; |
|
| | (b) | property for the time being detained under or by virtue of |
|
| | section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, |
|
| | 127P, 193A, 195J, 195K, 195M or 195P; |
|
| | (c) | property in respect of which an order under section 50, 128(3) |
|
| | |
| | (d) | property in respect of which an order under section 67A, 131A |
|
| | |
| | (1) | Section 424 (restriction of powers where person adjudged bankrupt in |
|
| | Northern Ireland) is amended as follows. |
|
| | |
| | (a) | in paragraph (a) for “67” substitute “67B, the powers conferred on an |
|
| | appropriate officer by section 47C”, |
|
| | (b) | in paragraph (b) after “Schedule 3” insert “, the powers conferred on |
|
| | an appropriate officer by section 127C”, and |
|
| | (c) | in paragraph (c) for “215” substitute “215B, the powers conferred on |
|
| | an appropriate officer by section 195C”. |
|
| | (3) | In subsection (3) after paragraph (e) insert— |
|
| | “(f) | in a case where a confiscation order has been made under |
|
| | section 6, 92 or 156 of this Act, any sums remaining in the |
|
| | hands of an appropriate officer after the amount required to be |
|
| | paid under the confiscation order has been fully paid under |
|
| | section 67D(2)(b), 131D(2)(b) or 215D(2)(b).” |
|
| | (1) | Section 425 (tainted gifts by person who is adjudged bankrupt in Northern |
|
| | Ireland) is amended as follows. |
|
| | |
| | (a) | after paragraph (a) insert— |
|
| | “(aa) | such property is detained under or by virtue of section |
|
| | 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, |
|
| | 127P, 193A, 195J, 195K, 195M or 195P,”, and |
|
| | (b) | after paragraph (b) insert “, or |
|
| | (c) | there is in force in respect of such property an order |
|
| | under section 67A, 131A or 215A.” |
|
| | (3) | In subsection (3) for “subsection (2)(a) or (b)” substitute “subsection (2)(a), (b) |
|
| | |
| | (1) | Section 426 (winding up under the Insolvency Act 1986) is amended as |
|
| | |
| | (2) | For subsection (2) substitute— |
|
| | “(2) | If an order for the winding up of a company is made or it passes a |
|
| | resolution for its voluntary winding up, the functions of the liquidator |
|
| | (or any provisional liquidator) are not exercisable in relation to the |
|
| | |
| | (a) | property for the time being subject to a restraint order which |
|
| | was made under section 41, 120 or 190 before the relevant |
|
| | |
| | (b) | property for the time being detained under or by virtue of |
|
| | section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, |
|
| | 127P, 193A, 195J, 195K, 195M or 195P; |
|
|
|
| |
| |
|
| | (c) | property in respect of which an order under section 50, 128(3) |
|
| | |
| | (d) | property in respect of which an order under section 67A, 131A |
|
| | |
| | |
| | (a) | in paragraph (a) for “67” substitute “67B, the powers conferred on an |
|
| | appropriate officer by section 47C”, |
|
| | (b) | in paragraph (b) after “Schedule 3” insert “, the powers conferred on |
|
| | an appropriate officer by section 127C”, and |
|
| | (c) | in paragraph (c) for “215” substitute “215B, the powers conferred on |
|
| | an appropriate officer by section 195C”. |
|
| | (1) | Section 427 (tainted gifts by company: winding up in England and Wales or |
|
| | Scotland) is amended as follows. |
|
| | |
| | (a) | after paragraph (a) insert— |
|
| | “(aa) | such property is detained under or by virtue of section |
|
| | 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, |
|
| | 127P, 193A, 195J, 195K, 195M or 195P,”, and |
|
| | (b) | after paragraph (b) insert “, or |
|
| | (c) | there is in force in respect of such property an order |
|
| | under section 67A, 131A or 215A.” |
|
| | (3) | In subsection (4) for “subsection (3)(a) or (b)” substitute “subsection (3)(a), (b) |
|
| | |
| | (1) | Section 428 (winding up under the Insolvency (Northern Ireland) Order 1989) |
|
| | |
| | (2) | For subsection (2) substitute— |
|
| | “(2) | If an order for the winding up of a company is made or it passes a |
|
| | resolution for its voluntary winding up, the functions of the liquidator |
|
| | (or any provisional liquidator) are not exercisable in relation to the |
|
| | |
| | (a) | property for the time being subject to a restraint order which |
|
| | was made under section 41, 120 or 190 before the relevant |
|
| | |
| | (b) | property for the time being detained under or by virtue of |
|
| | section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, |
|
| | 127P, 193A, 195J, 195K, 195M or 195P; |
|
| | (c) | property in respect of which an order under section 50, 128(3) |
|
| | |
| | (d) | property in respect of which an order under section 67A, 131A |
|
| | |
| | |
| | (a) | in paragraph (a) for “67” substitute “67B, the powers conferred on an |
|
| | appropriate officer by section 47C”, |
|
| | (b) | in paragraph (b) after “Schedule 3” insert “, the powers conferred on |
|
| | an appropriate officer by section 127C”, and |
|
| | (c) | in paragraph (c) for “215” substitute “215B, the powers conferred on |
|
| | an appropriate officer by section 195C”. |
|
| | (1) | Section 429 (tainted gifts by company: winding up in Northern Ireland) is |
|
| | |
| | |
| | (a) | after paragraph (a) insert— |
|
|