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Part 9 U.K.Insolvency etc.

Bankruptcy in England and WalesU.K.

417 Modifications of the 1986 ActU.K.

(1)This section applies if a person is adjudged bankrupt in England and Wales.

(2)The following property is excluded from his 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 him bankrupt;

(b)any property in respect of which an order under section 50 F1... is in force;

(c)any property in respect of which an order under section 128(3) is in force;

(d)any property in respect of which an order under section 198 F2... is in force.

(3)Subsection (2)(a) applies to heritable property in Scotland only if the restraint order is recorded in the General Register of Sasines or registered in the Land Register of Scotland before the order adjudging the person bankrupt.

(4)If in the case of a debtor an interim receiver stands at any time appointed under section 286 of the 1986 Act and any property of the debtor is then subject to a restraint order made under section 41, 120 or 190 the powers conferred on the receiver by virtue of that Act do not apply to property then subject to the restraint order.

Textual Amendments

Commencement Information

I1S. 417 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.