Paragraph 30 Insolvency (England and Wales) Rules 2016I1

England and Wales

In the Insolvency (England and Wales) Rules 2016^f1, in rule 9.9 (property to be excluded in determining the value of a debtor’s property), paragraph (1)^f2 is amended as follows—

(a)

at the end of sub-paragraph (i), omit “and”;

(b)

after sub-paragraph (i), insert—

“(ia)
a standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act) and the terms of which inhibit an assignment as mentioned in section 127(5) of the Rent Act 1977^f3;
(ib)
a secure contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act) which is not capable of being assigned except—
(i)
in the case mentioned in section 251 of the Renting Homes (Wales) Act 2016 (family property order),
(ii)
in accordance with section 92 of the Housing Act 1985^f4 (assignment by way of exchange), or
(iii)
in accordance with section 114 of the Renting Homes (Wales) Act 2016 (transfer to potential successor); and”.

Annotations

Commencement

I1: Sch. 1 para. 30 in force at 1.12.2022, see reg. 1(2)

Footnotes

f1: S.I. 2016/1024.
f2: Paragraph (1) of rule 9.9 was amended by rule 2 of the Insolvency (England and Wales) (Amendment) Rules 2021 (S.I. 2021/672).
f3: 1977 c. 42. Section 127(5) was amended by section 78 of the Housing Act 1980 (c. 51) and section 115 of the Housing Act 1988 (c. 50).
f4: 1985 c. 68. Section 92 was amended by section 163 of the Local Government and Housing Act 1989 (c. 42), sections 140 and 152 of and paragraph 10 of Schedule 16 and Part VI of Schedule 18 to the Government of Wales Act 1998 (c. 38), article 5 of and paragraph 14(9) of Schedule 2 to the Housing Act 1996 (Consequential Provisions) Order 1996 (S.I. 1996/2325) and article 5 of and paragraphs 15 and 21 of Schedule 2 to the Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866).