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Insolvency Act 1986
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Insolvency Act 1986, Section 364 is up to date with all changes known to be in force on or before 28 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act amendment to earlier affecting provision S.I. 1986/1999, art. 3, Sch. 1 Pt. 2 by S.I. 2017/1119 Sch. 3 para. 1
- Act savings and transitional provisions for amendments by S.I. 2022/1166 by S.I. 2022/1172 Regulations
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- s. 41HB(2) words substituted by 2018 c. 14 s. 1(3)(b)
364 Power of arrest.E+W
(1)In the cases specified in the next subsection the court may cause a warrant to be issued to a constable or prescribed officer of the court—
(a)for the arrest of a debtor to whom a [F1bankruptcy application or a] bankruptcy petition relates or of an undischarged bankrupt, or of a discharged bankrupt whose estate is still being administered under Chapter IV of this Part, and
(b)for the seizure of any books, papers, records, money or goods in the possession of a person arrested under the warrant,
and may authorise a person arrested under such a warrant to be kept in custody, and anything seized under such a warrant to be held, in accordance with the rules, until such time as the court may order.
(2)The powers conferred by subsection (1) are exercisable in relation to a debtor or undischarged or discharged bankrupt if, at any time after the [F2making of the bankruptcy application or the] presentation of the bankruptcy petition relating to him or the making of the bankruptcy order against him, it appears to the court—
(a)that there are reasonable grounds for believing that he has absconded, or is about to abscond, with a view to avoiding or delaying the payment of any of his debts or his appearance to a bankruptcy petition or to avoiding, delaying or disrupting any proceedings in bankruptcy against him or any examination of his affairs, or
(b)that he is about to remove his goods with a view to preventing or delaying possession being taken of them by the official receiver or the trustee of his estate, or
(c)that there are reasonable grounds for believing that he has concealed or destroyed, or is about to conceal or destroy, any of his goods or any books, papers or records which might be of use to his creditors in the course of his bankruptcy or in connection with the administration of his estate, or
(d)that he has, without the leave of the official receiver or the trustee of his estate, removed any goods in his possession which exceed in value such sums as may be prescribed for the purposes of this paragraph or
(e)that he has failed, without reasonable excuse, to attend any examination ordered by the court.
Textual Amendments
F1Words in s. 364(1)(a) inserted (6.4.2016) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 19 para. 50(2); S.I. 2016/191, art. 2 (with art. 3)
F2Words in s. 364(2) inserted (6.4.2016) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 19 para. 50(3); S.I. 2016/191, art. 2 (with art. 3)
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