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Paragraph 20A F1

Section 313A: Low value home: application for sale, possession or charge

  • Section 313A is modified so as to read as follows:—

    “313A.
    (1)

    This section applies where—

    (a)

    property comprised in the individual member’s estate consists of an interest in a dwelling-house which at the date of the bankruptcy was the sole or principal residence of—

    (i)

    the individual member,

    (ii)

    the individual member’s spouse F2or civil partner, or

    (iii)

    a former spouse F3or former civil partner of the individual member, and

    (b)

    the trustee applies for an order for the sale of the property, for an order for possession of the property or for an order under section 313 in respect of the property.

    (2)

    The court shall dismiss the application if the value of the interest is below the amount prescribed for the purposes of this subsection.

    (3)

    In determining the value of an interest for the purposes of this section the court shall disregard any matter which it is required to disregard by the order which prescribes the amount for the purposes of subsection (2).”.

Annotations

Textual amendments

F1

Sch. 7 para. 20A inserted (1.7.2005) by The Insolvent Partnerships (Amendment) Order 2005 (S.I. 2005/1516), arts. 1(1), 10(5)

F2

Words in Sch. 7 para. 20A inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 18 para. 2(5)(a)

F3

Words in Sch. 7 para. 20A inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 18 para. 2(5)(b)