Section 147 Death, insolvency or disability of authorised complainant.I1

England, Wales and Scotland

(1)

Where an F1actual or potential beneficiary dies or is a minor or is otherwise unable to act for himself, then, unless subsection (3) applies—

(a)

any complaint or dispute (whenever arising) which the actual or potential beneficiary might otherwise have made or referred under this Part may be made or referred by the appropriate person, and

(b)

anything in the process of being done by or in relation to the actual or potential beneficiary under or by virtue of this Part may be continued by or in relation to the appropriate person,

and any reference in this Part, except this section, to an actual or potential beneficiary shall be construed as including a reference to the appropriate person.

(2)

For the purposes of subsection (1) “the appropriate person” means—

(a)

where the F2actual or potential beneficiary has died, his personal representatives; or

(b)

in any other case, a member of his family, or some body or individual suitable to represent him.

(3)

Where a person is acting as an insolvency practitioner in relation to F3a person by whom, or on whose behalf, a complaint or reference has been made under this Part, investigations under this Part shall be regarded for the purposes of the M1Insolvency Act 1986 and the Bankruptcy (Scotland) Act F42016 as legal proceedings.

(4)

In this section “acting as an insolvency practitioner” shall be construed in accordance with section 388 of the Insolvency Act 1986, but disregarding subsection (5) of that section (exclusion of official receiver).

Annotations

Textual amendments

F1: Words in s. 147(1) substituted (6.4.1997) by Pensions Act 1995 (c. 26), ss. 157(4), 180(1); S.I. 1997/664, art. 2(3), Sch. Pt. 2
F2: Words in s. 147(2) substituted (6.4.1997) by Pensions Act 1995 (c. 26), ss. 157(4), 180(1); S.I. 1997/664, art. 2(3), Sch. Pt. 2
F3: Words in s. 147(3) substituted (6.4.1997) by Pensions Act 1995 (c. 26), ss. 157(5), 180(1); S.I. 1997/664, art. 2(3), Sch. Pt. 2
F4: Word in s. 147(3) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 11(5)

Marginal citations

M1: 1986 c. 45.

Commencement

I1: Ss. 1-187 in force at 7.2.1994 by S.I. 1994/86, art. 2