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SCHEDULE 18E+W+SAMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO INSOLVENCY

PART 1 E+W+SAMENDMENTS TO INSOLVENCY LEGISLATION

Insolvency Rules 1986E+W+S

1.—(1) Amend the Insolvency Rules 1986 M1 as follows.

(2) In Rule 6.237 (bankrupt's home – notification of property falling within section 283A)—

(a)in paragraph (1)(b), after “spouse” insert “ or civil partner ”; and

(b)in paragraph (1)(c), after “former spouse” insert “ or former civil partner ”.

(3) In Rule 6.237A (application in respect of the vesting of an interest in a dwelling-house (registered land))—

(a)in paragraph (1)(a)(ii), after “spouse” insert “ or civil partner ”;

(b)in paragraph (1)(a)(iii), after “former spouse” insert “ or former civil partner ”; and

(c)in paragraph (4), after “former spouse” insert “ or civil partner or former civil partner ”.

(4) In Rule 6.237B (vesting of bankrupt's interest (unregistered land))—

(a)in paragraph (1)(b), after “spouse” insert “ or civil partner ”;

(b)in paragraph (1)(c), after “former spouse” insert “ or former civil partner ”; and

(c)in paragraph (3), after “former spouse” insert “ or civil partner or former civil partner ”.

(5) In paragraph (2)(a) of Rule 6.237D (charging order), after “former spouse” insert “ or civil partner or former civil partner ”.

(6) In Schedule 4 (Forms), for Forms 6.28 and 6.83 substitute the Forms so numbered as set out in Part 2 of this Schedule.

Marginal Citations

M1S.I. 1986/1925; relevant amending instruments are S.I. 2003/1730 , 2005/527.

Insolvent Partnerships Order 1994E+W+S

2.—(1) Amend the Insolvent Partnerships Order 1994 M2 as follows.

(2) In Schedule 4, in paragraph 28A (Section 283A: Individual member's home ceasing to form part of estate), in modified section 283A—

(a)in subsection (1)(b) after “spouse” insert “ or civil partner ”; and

(b)in subsection (1)(c) after “former spouse” insert “ or former civil partner ”.

(3) In Schedule 4, in paragraph 29A (Section 313A: Low value home: application for sale, possession or charge), in modified section 313A—

(a)in subsection (1)(a)(ii) after “spouse” insert “ or civil partner ”; and

(b)in subsection (1)(a)(iii) after “former spouse” insert “ or former civil partner ”.

(4) In Schedule 7, in paragraph 7A (Section 283A: Bankrupt's home ceasing to form part of estate), in modified section 283A—

(a)in subsection (1)(b) after “spouse” insert “ or civil partner ”; and

(b)in subsection (1)(c) after “former spouse” insert “ or former civil partner ”.

(5) In Schedule 7, paragraph 20A (Section 313A: Low value home: application for sale, possession or charge), in modified section 313A—

(a)in subsection (1)(a)(ii) after “spouse” insert “ or civil partner ”; and

(b)in subsection (1)(a)(iii) after “former spouse” insert “ or former civil partner ”.

Marginal Citations

M2S.I. 1994/2421, amended by S.I. 2005/1516; there are other amending instruments but none is relevant.

Limited Liability Partnerships Regulations 2001E+W+S

3.  In Schedule 3 to the Limited Liability Partnerships Regulations 2001 M3, in the entry relating to section 435 of the Insolvency Act 1986 M4 (meaning of “associate”), in the entry relating to the new subsection (3A), after “wife” insert “ or civil partner ”.

Marginal Citations

M3S.I. 2001/1090, to which there are amendments not relevant to this Order.