Paragraph 3 Bankruptcy orders made before the day on which this Act is passedI1
England and Wales
This paragraph applies where—
a court makes a bankruptcy order against the tenant on a petition from the landlord under section 267 of the Insolvency Act 1986,
the order was made on or after 10 November 2021 but before the day on which this Schedule comes into force, and
the order was not one which the court would have made had this Schedule been in force at the time.
The court is to be regarded as having had no power to make the order (and, accordingly, the order is to be regarded as void).
Neither the trustee, official receiver, interim receiver or special manager is liable in any civil or criminal proceedings for anything done pursuant to the order.
The court may make such order or give such directions as it thinks appropriate to restore the position to what it was immediately before the petition was presented.
If at any time it appears to the trustee, official receiver, interim receiver or special manager that—
a bankruptcy order made by the court is void by virtue of sub-paragraph (2), and
it might be appropriate for the court to make an order or give directions under sub-paragraph (4),
the trustee, official receiver, interim receiver or special manager must refer the matter to the court to determine whether to make such an order or give such directions.
Annotations
Commencement
- I1
Sch. 3 para. 3 in force at Royal Assent, see s. 31(4)