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Rule 5.60 F1F2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In an order under section 261(2)(a), 261(2)(b) or 263D(3) the court shall include provision permitting vacation of the registration of the bankruptcy petition as a pending action, and of the bankruptcy order, in the register of writs and orders affecting land.

(2)

The court shall as soon as reasonably practicable give notice of the making of the order to the Secretary of State.

(3)

The former bankrupt may, in writing, F3within 28 days of the date of the order, require the Secretary of State to give notice of the making of the order—

(a)

in the Gazette;

(b)

in any newspaper in which the bankruptcy order was advertised; or

(c)

in both.

F4(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

Where the former bankrupt has died, or is a person incapable of managing his affairs (within the meaning of Chapter 7 in Part 7 of the Rules), the references to him in F5paragraph (3) is to be read as referring to his personal representative or, as the case may be, a person appointed by the court to represent or act for him.

Annotations

Textual amendments

F1

Pt. 5 substituted (1.1.2003) by The Insolvency (Amendment) (No. 2) Rules 2002 (S.I. 2002/2712), rule 1(1), Sch. para. 24 (with rule 3(2))

F2

Pt. 5 Chs. 7-12 substituted for Pt. 5 Ch. 7 (1.4.2004) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(3), Sch. 1 para. 31

F3

Words in rule 5.60(3) inserted (1.4.2004) by The Insolvency (Amendment) Rules 2004 (S.I. 2004/584), rules 1(2), 25(a)

F4

Rule 5.60(4) omitted (1.4.2004) by virtue of The Insolvency (Amendment) Rules 2004 (S.I. 2004/584), rules 1(2), 25(b)

F5

Words in rule 5.60(5) substituted (1.4.2005) by The Insolvency (Amendment) Rules 2005 (S.I. 2005/527), rules 1(2), 34