Section 4 IndividualsI1

United Kingdom

(1)

An individual is a relevant person if any of the following is in force in respect of that individual in England and Wales—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

an administration order made under Part 6 of the County Courts Act 1984,

(c)

an enforcement restriction order made under Part 6A of that Act,

(d)

subject to subsection (4), a debt relief order made under Part 7A of the Insolvency Act 1986,

(e)

a voluntary arrangement approved in accordance with Part 8 of that Act, or

(f)

a bankruptcy order made under Part 9 of that Act.

(2)

An individual is a relevant person if F2either of the following is in force in respect of F3the individual’s estate in Scotland—

(a)

an award of sequestration made F4by virtue of section 2 or 5 of the Bankruptcy (Scotland) Act 2016, F5or

(b)

a protected trust deed within the meaning of that Act, F6...

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

An individual is a relevant person if any of the following is in force in respect of that individual in Northern Ireland—

(a)

an administration order made under Part 6 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)),

(b)

a deed of arrangement registered in accordance with Chapter 1 of Part 8 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)),

F7(ba)

subject to subsection (4), a debt relief order made under Part 7A of that Order,

(c)

a voluntary arrangement approved under Chapter 2 of Part 8 of that Order, or

(d)

a bankruptcy order made under Part 9 of that Order.

(4)

If an individual is a relevant person by virtue of subsection (1)(d) F8or (3)(ba), that person is a relevant person for the purposes of section 1(1)(b) only.

(5)

Where an award of sequestration made F9by virtue of section 2 or 5 of the Bankruptcy (Scotland) Act 2016 is recalled or reduced, any rights which were transferred under section 1 as a result of that award are re-transferred to and vest in the person who became a relevant person as a result of the award.

F10(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: S. 4(1)(a) omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 6 para. 2(22) (with Sch. 6 para. 3); S.I. 2015/1732, art. 2(e)(i)
F2: Word in s. 4(2) 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. 35(2)(a)(i)
F3: Words in s. 4(2) 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. 35(2)(a)(ii)
F4: Words in s. 4(2)(a) 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. 35(2)(a)(iii)
F5: Word in s. 4(2)(a) inserted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(2)(a)(iv)
F6: S. 4(2)(c) and word omitted (30.11.2016) by virtue of The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(2)(a)(v)
F7: S. 4(3)(ba) inserted (1.8.2016 being the day appointed for the coming into force of 2010 c. 10 by S.I. 2016/550) by Insurance Act 2015 (c. 4), s. 23(3)(b), Sch. 2 para. 2(2)
F8: Words in s. 4(4) inserted (1.8.2016 being the day appointed for the coming into force of 2010 c. 10 by S.I. 2016/550) by Insurance Act 2015 (c. 4), s. 23(3)(b), Sch. 2 para. 2(3)
F9: Words in s. 4(5) 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. 35(2)(b)
F10: S. 4(6) omitted (30.11.2016) by virtue of The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(2)(c)

Commencement

I1: S. 4 in force at 1.8.2016 by S.I. 2016/550, art. 2