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Rule 7.43 IntroductoryI1

England and Wales

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

  • rule 4.54(5-CVL) substituted for rule 4.54(5) by Insolvency 2010 Sch. 1 para. 179(5)
(1)

The Rules in this Chapter apply where in insolvency proceedings it appears to the court that a person affected by the proceedings is one who F1lacks capacity within the meaning of the Mental Capacity Act 2005 to manage and administer his property and affairs either—

(a)

by reason of F2lacking capacity within the meaning of the Mental Capacity Act 2005, or

(b)

due to physical affliction or disability.

(2)

The person concerned is referred to as “the incapacitated person”.

Annotations

Textual amendments

F1

Words in rule 7.43(1) substituted (1.10.2007) by The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007 (S.I. 2007/1898), art. 1, Sch. 1 para. 12(5)(a)

F2

Words in rule 7.43(1)(a) substituted (1.10.2007) by The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007 (S.I. 2007/1898), art. 1, Sch. 1 para. 12(5)(b)

Commencement

I1

Rule 7.43 in force at 29.12.1986, see rule 0.1

Notes on Chapter 7

Textual amendments

F1

Ch. 7 Pt. 7 heading substituted (1.10.2007) by The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007 (S.I. 2007/1898), art. 1, Sch. 1 para. 12(4)