Paragraph 12 Insolvency Rules 1986

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

Sch. 1 para. 28-30 revoked by Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) 2010 Sch. 2
Sch. 1 para. 16 revoked by Church of England Pensions Measure 2018 Sch. 5
Sch. 1 para. 36 revoked by Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) 2010 Sch. 2
sch 1 rev in pt by Allocation and Transfer of Proceedings 2008 art 27, sch 2

(1)

The Insolvency Rules 1986^f1 are amended in accordance with this paragraph.

(2)

In rule 4.214 (witness unfit for examination)—

(a)

in paragraph (1)—

(i)

omit the words “mental disorder or”, and

(ii)

before “is suffering” insert “is a person who lacks capacity within the meaning of the Mental Capacity Act 2005 (c.9) or”, and

(b)

in paragraph (3)(a), for the words “patient within the meaning of the Mental Health Act 1983” substitute “person who lacks capacity within the meaning of the Mental Capacity Act 2005”.

(3)

In rule 6.174 (bankrupt unfit for examination)—

(a)

in paragraph (1) –

(i)

omit the words “mental disorder or”, and

(ii)

before “is suffering” insert “is a person who lacks capacity within the meaning of the Mental Capacity Act 2005 or”, and

(b)

in paragraph (3)(a), for the words “patient within the meaning of the Mental Health Act 1983”, substitute “person who lacks capacity within the meaning of the Mental Capacity Act 2005”.

(4)

In the heading to Part 7 of Chapter 7, for “Persons Incapable of Managing their Affairs”, substitute “Persons who Lack Capacity to Manage their Affairs”.

(5)

In rule 7.43 (introductory)—

(a)

in paragraph (1), for “is incapable of managing and administering his property and affairs”, substitute “lacks capacity within the meaning of the Mental Capacity Act 2005 to manage and administer his property and affairs”; and

(b)

in paragraph (1)(a), for “mental disorder within the meaning of the Mental Health Act 1983”, substitute “lacking capacity within the meaning of the Mental Capacity Act 2005”.

(6)

In paragraph 4.64 of Part 4 of Schedule 4, Forms Index (companies winding up)—

(a)

after the words “person who”, insert “lacks capacity to manage and administer his property and affairs or”; and

(b)

for the words “mental disorder or”, substitute “a”.

(7)

In paragraph 6.57 of Part 6 of Schedule 4, Forms Index (bankruptcy)—

(a)

after the words “bankrupt who”, insert “lacks capacity to manage and administer his property and affairs or”; and

(b)

for the words “mental disorder or”, substitute “a”.

(8)

For form 4.64 in Schedule 4 (forms), substitute the form in Schedule 2 (Part 1).

(9)

For form 6.57 in Schedule 4 (forms), substitute the form in Schedule 2 (Part 2).

Annotations

Footnotes

f1: S.I. 1986/1925, amended by S.I. 1987/1919; there are other amending instruments but none are relevant.