OpenLegislation

Article 302 Debts to spouse or civil partnerF1

(1)

This Article applies to bankruptcy debts owed in respect of credit provided by a person who (whether or not the bankrupt's spouse or civil partner at the time the credit was provided) was the bankrupt's spouse or civil partner at the commencement of the bankruptcy.

(2)

Such debts—

(a)

rank in priority after the F2... interest required to be paid in pursuance of Article F3300(4), and

(b)

are payable with interest at the rate specified in Article 300(5) in respect of the period during which they have been outstanding since the commencement of the bankruptcy;

and the interest payable under sub‐paragraph (b) has the same priority as the debts on which it is payable.

Annotations

Textual amendments

F1

2004 c. 33

F2

Words in art. 302(2)(a) omitted (19.12.2018) by virtue of The Banks and Building Societies (Priorities on Insolvency) Order 2018 (S.I. 2018/1244), arts. 1(2), 27(a) (with art. 3)

F3

Word in art. 302(2)(a) substituted (19.12.2018) by The Banks and Building Societies (Priorities on Insolvency) Order 2018 (S.I. 2018/1244), arts. 1(2), 27(b) (with art. 3)

Notes on Part IX

Modifications

C1

Pts. VIII-X (arts. 209-345) modified by Foyle Fisheries Act (Northern Ireland) 1952 (c. 5), s. 52K(2) (as inserted (prosp.) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 3(1) (with art. 32))