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BANKRUPTCY, ENGLAND

THE BANKRUPTCY (AMENDMENT) RULES 1973
1973 No. 715 (L.9)

Made………………………………………………9th April 1973
Laid before Parliament…………………………18th April 1973
Coming into Operation…………………………14th May 1973

The Lord Chancellor, in exercise of the powers conferred on him by section 132 of the Bankruptcy Act 1914(a), as extended by paragraph 13 of Schedule 1 to the Criminal Justice Act 1972(b), and with the concurrence of the Secretary of State for Trade and Industry, hereby makes the following Rules:-

1.-(1) These Rules may be cited as the Bankruptcy (Amendment) Rules 1973 and shall come into operation on 14th May 1973.

(2) The Interpretation Act 1889(c) shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.

(3) The amendments set out in these Rules shall be made to the Bankruptcy Rules 1952(d), as amended (e).

2. In Rule 4(1), for the definition of “Creditor” there shall be substituted the following definition:-

“ “Creditor” includes a corporation, a firm of creditors in partnership and, in relation to criminal bankruptcy proceedings, the Official Petitioner;”.

3. In Rule 98(1), for the words from “the total amount” to the end of the paragraph there shall be substituted the words “he has been so authorised by direction of the lord Chancellor.”

4. In Rule 143, for the words “or Form 11” there shall be substituted the words, “, Form 11 or Form 11A”.

5. After Rule 145 there shall be inserted the following rule:-

“Criminal bankruptcy petitions out of time

145A.-Rules 31 and 32 shall apply to an application made by the Official Petitioner to the court to present a criminal bankruptcy petition out of time, save that any such application made not later than six months after the date upon which the relevant criminal bankruptcy order was made may be made ex parte, and paragraph (2) of Rule 32 shall not apply to the order made on that ex parte application.”

6. After Rule 191 there shall be inserted the following rule:-

“Adjournment other than sine die

191A. In the exercise of its discretion to adjourn the public examination under section 15(3) of the Act, the court may have regard to the fact that criminal proceedings have been, or are likely to be, instituted in respect any matter arising out of or connected with the bankruptcy proceedings.”

7. In Rule 256(2) and in the marginal notes to Forms 170 and 171 in Appendix 1, for the word “Registrar” there shall be substituted the words “Chief Clerk of the court”.

8. After Form 11 in Appendix 1 there shall be inserted new Form 11A as set out in the Schedule to these Rules.

Dated 27th March 1973.

Hailsham of St. Marylebone, C.

I concur,
Dated 9th April 1973.

Peter Walker,
Secretary of State for Trade and Industry.

(a) 1914 c. 59.
(b) 1972 c. 71.
(c) 1889 c. 63.
(d) S.I. 1952/2113 (1952 I, p. 213).
(e) The relevant amending instruments are S.I. 1963/2067, 1967/371 (1963 III, p. 4379; 1967 I, p. 1263).

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