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Article 11 Insolvency proceedings not involving winding up of insolvent partnership as unregistered company where individual members present joint bankruptcy petitionI1

England and Wales

(1)

The provisions of the Act specified in paragraph (2) below shall apply in relation to the bankruptcy of the individual members of an insolvent partnership where those members jointly present a petition to the court for orders to be made for the bankruptcy of each of them in his capacity as a member of the partnership, and the winding up of the partnership business and administration of its property, without the partnership being wound up as an unregistered company under Part V of the Act.

(2)

The provisions referred to in paragraph (1) are—

(a)

Part IX (other than F1section 287), and

(b)

Parts X to XIX,

insofar as they relate to the insolvency of individuals in England and Wales where F2a bankruptcy application is made by a debtor.

(3)

Certain of the provisions referred to in paragraph (1) are modified in their application in relation to the individual members of insolvent partnerships in such manner that, after modification, they are as set out in Schedule 7 to this Order.

Annotations

Textual amendments

F1

Word in art. 11(2) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 2 para. 5(3)(a)

F2

Words in art. 11(2) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 2 para. 5(3)(b)

Commencement

I1

Art. 11 in force at 1.12.1994, see art. 1(1)