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Amendment Paper as at
Thursday 13th June 2002

CONSIDERATION OF BILL


New Amendments handed in are marked thus *

ENTERPRISE BILL

NEW CLAUSES

Excisions from reports: Part 3
   

Ms Secretary Hewitt

NC4

To move the following Clause:—

    '(1)   Subsection (2) applies where the Secretary of State is under a duty to publish—

      (a) a report of the OFT under section 43 or 60; or

      (b) a report of the Commission under section 49 or 64.

    (2)   The Secretary of State may exclude a matter from the report concerned if he considers that publication of the matter would be inappropriate.

    (3)   In deciding what is inappropriate for the purposes of subsection (2) the Secretary of State shall have regard to the considerations mentioned in section 238.

    (4)   The body which has prepared the report shall advise the Secretary of State as to the matters (if any) which it considers should be excluded by him under subsection (2).

    (5)   References in sections 37(4) and 104(11) to the giving or laying of a report of the Commission shall be construed as references to the giving or laying of the report as published.'.


Excisions from reports: Part 4
   

Ms Secretary Hewitt

NC5

To move the following Clause:—

    '(1)   Subsection (2) applies where the Secretary of State is under a duty to publish a report of the Commission under section 136.

    (2)   The Secretary of State may exclude a matter from the report if he considers that publication of the matter would be inappropriate.

    (3)   In deciding what is inappropriate for the purposes of subsection (2) the Secretary of State shall have regard to the considerations mentioned in section 238.

    (4)   The Commission shall advise the Secretary of State as to the matters (if any) which it considers should be excluded by him under subsection (2).

    (5)   References in sections 130(4) to (6), 137(2) and (5) to (7), 142(3) to (5) and 166(10) to the giving or laying of a report of the Commission shall be construed as references to the giving or laying of the report as published.'.


Bankrupt's home

   

Ms Secretary Hewitt

NC6

To move the following Clause:—

    '(1)   The following shall be inserted after section 283 of the Insolvency Act 1986 (definition of bankrupt's estate)—

          "283A    Bankrupt's home ceasing to form part of estate

          (1)   This section applies where property comprised in the bankrupt's estate consists of an interest in a dwelling-house which at the date of the bankruptcy was the bankrupt's sole or principal residence.

          (2)   At the end of the period of three years beginning with the date of the bankruptcy the interest mentioned in subsection (1) shall—

          (a) cease to be comprised in the bankrupt's estate, and

          (b) vest in the bankrupt (without conveyance, assignment or transfer).

          (3)   Subsection (2) shall not apply if during the period mentioned in that subsection—

          (a) the trustee realises the interest mentioned in subsection (1),

          (b) the trustee applies for an order for sale in respect of the dwelling-house,

          (c) the trustee applies for an order for possession of the dwelling-house,

          (d) the trustee applies for an order under section 313 in Chapter IV in respect of that interest, or

          (e) the trustee and the bankrupt agree that the bankrupt shall incur a specified liability to his estate (with or without the addition of interest from the date of the agreement) in consideration of which the interest mentioned in subsection (1) shall cease to form part of the estate.

          (4)   Where an application of a kind described in subsection (3)(b) to (d) is made during the period mentioned in subsection (2) and is dismissed, unless the court orders otherwise the interest to which the application relates shall on the dismissal of the application—

          (a) cease to be comprised in the bankrupt's estate, and

          (b) vest in the bankrupt (without conveyance, assignment or transfer).

          (5)   If the bankrupt does not inform the trustee or the official receiver of his interest in a property before the end of the period of three months beginning with the date of the bankruptcy, the period of three years mentioned in subsection (2)—

          (a) shall not begin with the date of the bankruptcy, but

          (b) shall begin with the date on which the trustee or official receiver becomes aware of the bankrupt's interest.

          (6)   The court may substitute for the period of three years mentioned in subsection (2) a longer period—

          (a) in prescribed circumstances, and

          (b) in such other circumstances as the court thinks appropriate.

          (7)   The rules may make provision for this section to have effect with the substitution of a shorter period for the period of three years mentioned in subsection (2) in specified circumstances (which may be described by reference to action to be taken by a trustee in bankruptcy).

          (8)   The rules may also, in particular, make provision—

          (a) requiring or enabling the trustee of a bankrupt's estate to give notice that this section applies or does not apply;

          (b) about the effect of a notice under paragraph (a);

          (c) requiring the trustee of a bankrupt's estate to make an application to the Chief Land Registrar.

          (9)   Rules under subsection (8)(b) may, in particular—

          (a) disapply this section;

          (b) enable a court to disapply this section;

          (c) make provision in consequence of a disapplication of this section;

          (d) enable a court to make provision in consequence of a disapplication of this section;

          (e) make provision (which may include provision conferring jurisdiction on a court or tribunal) about compensation."

    (2)   Section 313 of the Insolvency Act 1986 (c.45) (charge on bankrupt's home) shall be amended as follows—

      (a) in subsection (2) for ", up to the value from time to time of the property secured," substitute ", up to the charged value from time to time,", and

      (b) after subsection (2) insert—

          "(2A)   In subsection (2) the charged value means—

          (a) the amount specified in the charging order as the value of the bankrupt's interest in the property at the date of the order, plus

          (b) interest on that amount from the date of the charging order at the prescribed rate.

          (2B)   In determining the value of an interest for the purposes of this section the court shall disregard any matter which it is required to disregard by the rules."

    (3)   The following shall be inserted after section 313 of that Act—

          "313A    Low value home: application for sale, possession or charge

          (1)   This section applies where—

          (a) property comprised in the bankrupt's estate consists of an interest in a dwelling-house which at the date of the bankruptcy was the bankrupt's sole or principal residence, and

          (b) the trustee applies for an order for the sale of the property, for an order for possession of the property or for an order under section 313 in respect of the property.

          (2)   The court shall dismiss the application if the value of the interest is below the amount prescribed for the purposes of this subsection.

          (3)   In determining the value of an interest for the purposes of this section the court shall disregard any matter which it is required to disregard by the order which prescribes the amount for the purposes of subsection (2)."

    (4)   The following shall be inserted after section 307(2)(a) of the Insolvency Act 1986 (c.45) (after-acquired property: exclusions)—

          "(aa) any property vesting in the bankrupt by virtue of section 283A in Chapter II,".

    (5)   In section 384(2) of that Act (prescribed amounts) after "section 273;" insert—

       "section 313A;".

    (6)   In section 418(1) of that Act (monetary limits in bankruptcy) after the entry for section 273 insert—

section 313A (value of property below which application for sale, possession or charge to be dismissed);".    (7)   In subsection (8)—

      (a) "pre-commencement bankrupt" means an individual who is adjudged bankrupt on a petition presented before subsection (1) above comes into force, and

      (b) "the transitional period" is the period of three years beginning with the date on which subsection (1) above comes into force.

    (8)   If a pre-commencement bankrupt's estate includes an interest in a dwelling-house which at the date of the bankruptcy was his sole or principal residence, at the end of the transitional period that interest shall—

      (a) cease to be comprised in the estate, and

      (b) vest in the bankrupt (without conveyance, assignment or transfer).

    (9)   But subsection (8) shall not apply if before or during the transitional period—

      (a) any of the events mentioned in section 283A(3) of the Insolvency Act 1986 (c.45) (inserted by subsection (1) above) occurs in relation to the interest or the dwelling-house, or

      (b) the trustee obtains any order of a court, or makes any agreement with the bankrupt, in respect of the interest or the dwelling-house.

    (10)   Section 283A(4) of that Act shall apply to an application made during the transitional period in relation to a pre-commencement bankrupt as it applies to an application made during the period mentioned in section 283A(2).'.


Fees: further provision
   

Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field

NC2

To move the following Clause:—

       '.—The following shall be inserted after section 415(3) of the Insolvency Act 1986 (Fees orders (individual insolvency proceedings in England and Wales))—

          "(3A)   An order under this section shall provide for:

          (a) exemption from any fees payable under this section by applicants who, at the time when a fee would otherwise be payable, are in receipt of income support, income-based jobseekers allowance, working families tax credit or disabled persons tax credit (working tax credit and pension tax credit from April 2003) and any other benefit that the Secretary of State may by order specify;

          (b) remission of all or part of any fees payable under this section where the Secretary of State considers that the payment of any fees payable under this section would, owing to the exceptional circumstances of the particular case, cause undue financial hardship;

          (c) a reduction in the fees payable under this section where:

          (i) two or more people living the same household petition for bankruptcy at the same time, and

          (ii) they are jointly and severally liable for at least one debt in both petitions;

          (d) payment of any fees payable under this section by instalments.".'.

 
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Prepared 13 Jun 2002