Insolvency Bill [H.L.] -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Schedule 2
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
66     Page 29, line 53, leave out paragraph 2 
67     Page 30, line 5, after ("arrangement") insert ("(with or without modification)") 
68     Page 30, line 17, leave out (",  or authorised to act as nominee,") 
69     Page 30, line 19, leave out paragraph 4 
70     Page 30, line 33, at end insert--
        ("(  )  An application under subsection (3) must be made within seven days of the decision taken by the creditors' meeting.")
 
71     Page 30, leave out lines 47 and 48 and insert--
          ("(ii)  could have been entitled to vote at the meeting (but was not present or represented at it) but did not have notice of it,")
 
  
BY THE LORD SHARMAN
THE LORD RAZZALL
 
72*     Page 30, line 49, at end insert--
 
    ("(  )  Nothing in subsection (2)(b) shall affect the rights of any creditor to bring legal proceedings against the company and to obtain judgement against the company in the full amount of its debt for the sole purpose of making a claim against an insurer by virtue of the Third Parties (Rights Against Insurers) Act 1930.")
 
  
BY THE LORD McINTOSH OF HARINGEY
 
73     Page 31, line 2, leave out ("dividend") and insert ("amount") 
74     Page 31, line 6, leave out from ("person") to end of line 7 and insert ("the amount payable under the arrangement".") 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
75     Page 31, line 12, leave out ("would'') and insert ("could") 
76     Page 31, line 13, leave out ("if he had had'') and insert ("but did not have'') 
77     Page 32, line 7, leave out paragraph (c) 
78     Page 32, line 48, after ("answer") insert ("or obtained by examination of that person under section 133 or section 236 of this Act") 
79     Page 32, line 49, leave out ("it") and insert ("such evidence") 
80     Page 32, line 50, leave out ("it") and insert ("the evidence referred to in paragraph (a)") 
81     Page 32, line 51, leave out ("it") and insert ("the evidence referred to in paragraph (a)") 
  
Schedule 3
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
82     Page 34, line 22, at end insert (", and--
    (b)  after "property" there is inserted "and no lease of the debtor may be forfeited"")
 
83     Page 34, line 27, leave out (", or authorised to act as nominee,") 
84     Page 34, line 39, after ("proposing") insert ("(with or without modifications)") 
85     Page 35, line 5, leave out (", or authorised to act as nominee,") 
86     Page 35, line 41, after ("proposing") insert ("(with or without modifications)") 
87     Page 36, line 5, leave out (", or authorised to act as nominee,") 
88     Page 36, line 14, leave out from ("(3),") to ("for") in line 16 
89     Page 36, leave out line 22 and insert--
          ("(ii) could have been so entitled (but was not present or represented at it) but did not have notice of it,")
 
  
BY THE LORD SHARMAN
THE LORD RAZZALL
 
90*     Page 36, line 23, at end insert--
 
    ("(  ) Nothing in subsection (2)(b) shall affect the rights of any creditor to bring legal proceedings against the debtor in the full amount of its debt for the sole purpose of making a claim against an insurer by virtue of the Third Parties (Rights Against Insurers) Act 1930.")
 
  
BY THE LORD McINTOSH OF HARINGEY
 
91     Page 36, line 25, leave out ("dividend") and insert ("amount") 
92     Page 36, line 29, leave out from ("person") to end of line 30 and insert ("the amount payable under the arrangement."") 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
93     Page 36, leave out line 36 and insert--
          ("(ii) could have been so entitled but did not have")
 
94     Page 37, line 42, leave out paragraph (b) 
  
BY THE LORD SHARMAN
THE LORD RAZZALL
 
95*     Page 37, line 47, leave out from beginning to first ("the") in line 49 
  
Clause 4
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
96     Page 2, line 17, leave out subsection (3) 
97     Page 2, line 20, leave out subsection (4) 
  
BY THE LORD SHARMAN
THE LORD RAZZALL
 
98*     Page 2, line 29, after second ("a") insert ("regulated professional") 
99*     Page 3, line 1, after ("a") insert ("regulated professional") 
  
Schedule 4
 
  
BY THE LORD SHARMAN
THE LORD RAZZALL
 
100*     Page 39, line 9, at end insert--
 
    ("(  )  It shall be competent for a director to object to proceedings being retained in the wrong court and to apply to the court to transfer proceedings to the proper or more appropriate court for determination; and if the court is satisfied that proceedings should be transferred, they shall be transferred to a specified court for determination.")
 
  
Clause 10
 
  
BY THE LORD SHARMAN
THE LORD RAZZALL
 
101*     Page 6, line 43, leave out ("relating to") and insert ("of") 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
102     Page 6, line 43, after ("answer") insert ("or obtained by an examination of that person under section 133 or section 236 of this Act") 
103     Page 7, line 1, leave out ("it'') and insert ("such evidence'') 
104     Page 7, line 2, leave out ("it'') and insert ("the evidence referred to in paragraph (a)'') 
105     Page 7, line 3, leave out ("it'') and insert ("the evidence referred to in paragraph (a)'') 
  
Clause 11
 
  
BY THE LORD SHARMAN
THE LORD RAZZALL
 
106*     Page 7, line 28, at end insert--
 
    ("(6)  Subsection 5 shall not apply in relation to the estate of a person who died before the coming into force of that subsection."")
 
  
Clause 13
 
  
BY THE LORD McINTOSH OF HARINGEY
 
107     Page 7, line 41, leave out ("made with the agreement of the Lord Chancellor") 
  
BY THE LORD SHARMAN
THE LORD RAZZALL
 
108*     Page 7, line 42, after ("Chancellor") insert ("and Advocate General for Scotland") 
  
BY THE LORD McINTOSH OF HARINGEY
 
109     Page 8, line 26, at end insert--
 
    ("(  )  Making regulations under this section requires the agreement--
    (a)  if they extend to England and Wales, of the Lord Chancellor,
    (b)  if they extend to Scotland, of the Scottish Ministers.")
 
  
After Clause 13
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
110     Insert the following new Clause-- 
     ("  .--(1)  Section 10 of the Insolvency Act 1986 (effect of application) is amended as follows.
 
    (2)  In subsection (1)(c), after the words "the company or its property'' there is inserted "and no lease of the company may be forfeited''.'')
Effect of application: non-forfeiture of company lease.
 
back to previous page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 14 June 2000