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The Insolvency (Amendment of Subordinate Legislation) Order 1987

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Statutory Instruments

1987 No. 1398

INSOLVENCY

The Insolvency (Amendment of Subordinate Legislation) Order 1987

Made

31st July 1987

Laid before Parliament

11th August 1987

Coming into force

1st September 1987

The Lord Chancellor, in the exercise of the powers conferred on him by sections 439 and 441(1) of the Insolvency Act 1986(1), hereby makes the following Order:—

1.  This Order may be cited as the Insolvency (Amendment of Subordinate Legislation) Order 1987 and shall come into force on 1st September 1987.

2.  In this Order references to“the principal Order” are to the Insolvency (Amendment of Subordinate Legislation) Order 1986(2) and an article referred to by number means the article so numbered in the principal Order.

3.  There shall be added after article 2 the following new article:—

“3.  The subordinate legislation specified in the Schedule to this Order shall, in relation to any such case as is mentioned in paragraph 10(1) of Schedule 11 to the Insolvency Act 1986, have effect without the amendments specified in the Schedule.”.

4.  This Order shall be read and construed as one with the principal Order.

Havers, C.

Dated 31st July 1987

Explanatory Note

(This note does not form part of the Order)

This Order clarifies the effect of the Insolvency (Amendment of Subordinate Legislation) Order 1986 in relation to bankruptcy proceedings where a petition in bankruptcy was presented, or a receiving order or adjudication in bankruptcy was made, before 29th December 1986 (the commencement date of the Insolvency Act 1986). It provides that the subordinate legislation amended by the 1986 Order has effect without those amendments where that legislation relates to matters arising in respect of bankruptcy proceedings specified above.

(2)

S.I. 1986/2001.

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