Insolvency Act 1986, section 385

Miscellaneous definitions

Part XI Interpretation for Second Group of Parts

(1)The following definitions have effect—

  • [F1014 “adjudicator” means a person appointed by the Secretary of State under section 398A; F1014]

  • “the court”, in relation to any matter, means the court to which, in accordance with section 373 in Part X and the rules, proceedings with respect to that matter are allocated or transferred;

  • [F1015 “creditors' decision procedure” has the meaning given by section 379ZA(11); F1015]

  • “creditor’s petition” means a bankruptcy petition under section 264(1)(a);

  • [F1016 “criminal bankruptcy order” means an order under section 39(1) of the M30 Powers of Criminal Courts Act 1973; F1016]

  • “debt” is to be construed in accordance with section 382(3);

  • “the debtor”—

    (za)

    [F1017 in relation to a debt relief order or an application for such an order, has the same meaning as in Part 7A,F1017]

    (a)

    in relation to a proposal for the purposes of Part VIII, means the individual making or intending to make that proposal, and

    (b)

    in relation to a [F1018bankruptcy application or aF1018] bankruptcy petition, means the individual to whom the [F1019application orF1019] petition relates;

  • F1020 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F1021 “debt relief order” means an order made by the official receiver under Part 7A; F1021]

  • [F1022 “deemed consent procedure” means the deemed consent procedure provided for by section 379ZB; F1022]

  • [F1023 “determination period” has the meaning given in section 263K(4); F1023]

  • “dwelling house” includes any building or part of a building which is occupied as a dwelling and any yard, garden, garage or outhouse belonging to the dwelling house and occupied with it;

  • “estate”, in relation to a bankrupt is to be construed in accordance with section 283 in Chapter II of Part IX;

  • “family”, in relation to a bankrupt, means the persons (if any) who are living with him and are dependent on him;

  • [F1024 “insolvency administration order” means an order for the administration in bankruptcy of the insolvent estate of a deceased debtor (being an individual at the date of his death);

  • “insolvency administration petition” means a petition for an insolvency administration order; F1024]

  • “secured” and related expressions are to be construed in accordance with section 383;

  • [F1024 “the Rules” means the [F1025 Insolvency (England and Wales) Rules 2016 F1025,F1024]] and

  • “the trustee”, in relation to a bankruptcy and the bankrupt, means the trustee of the bankrupt’s estate.

(2)References in this Group of Parts to a person’s affairs include his business, if any.

Definitions used in section 385 1

the debtor

(2) In Schedule 6 “the debtor” means the company or the individual concerned.

Defined in s.386(2) · see it in the full Act

Cases considering section 385 10

Sands (as trustee in bankruptcy) v Layne & Anor

[2016] EWCA Civ 1159 · 29 November 2016Defines

The statutory definition of “court” refers to the court to which proceedings are allocated or transferred under section 373 and the rules. Parliament’s use of “every court” in section 375(1), rather than the defined term alone, supported inclusion of appellate courts. (see paras [41]-[43])

Brake & Ors v Swift & Anor

[2020] EWHC 1810 (Ch) · 13 July 2020Interprets

Interprets dwelling-house as beginning with a building or part occupied as a dwelling and extending to a yard, garden, garage or outhouse belonging to and occupied with it. Separately owned and separately occupied adjacent parcels did not qualify. (see paras [101], [186]-[190])

Hunt v Withinshaw & Anor

[2015] EWHC 3072 (Ch) · 27 October 2015Interprets

Interpreted to confine the dwelling house to the accommodation unit in the pavilion, rather than the whole pier. That construction limited the property capable of vesting under section 283 A(4), while leaving section 320(3) broad enough to permit consideration of other parts of the disclaimed property (see paras [43], [63]-[64]).

What each judgment says about section 385 is in the case-law panel in the full Act.

Amendments and notes

14 notes from legislation.gov.uk

Amendments

  1. F1014Words in s. 385(1) inserted (6.4.2016) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 19 para. 55(a); S.I. 2016/191, art. 2 (with art. 3)
  2. F1015Words in s. 385(1) inserted (26.5.2015 for specified purposes, 6.4.2017 for E.W. in so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 123(4)(a), 164(1); S.I. 2015/1329, reg. 3(d); S.I. 2016/1020, reg. 4(b) (with reg. 5) (as amended by S.I. 2017/363, reg. 3)
  3. F1016Definition repealed (omitted 1.10.2008 repealed prosp.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123, 170, 171, Sch. 8 para. 16, Sch. 16; S.I. 1988/1408, art. 2, Sch. text omitted, repealed prospectively or the amendment may be in effect for limited purposes, see the commentary.
  4. F1017S. 385(1): para. (za) in definition of "the debtor" inserted (24.2.2009 for certain purposes otherwise 6.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 108(3), 148(5), Sch. 20 para. 5(2); S.I. 2009/382, {art, 2}
  5. F1018Words in s. 385(1) inserted (6.4.2016) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 19 para. 55(b)(i); S.I. 2016/191, art. 2 (with art. 3)
  6. F1019Words in s. 385(1) inserted (6.4.2016) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 19 para. 55(b)(ii); S.I. 2016/191, art. 2 (with art. 3)
  7. F1020Words in s. 385(1) omitted (6.4.2016) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 19 para. 55(c); S.I. 2016/191, art. 2 (with art. 3)
  8. F1021S. 385(1): definition of "debt relief order" inserted (24.2.2009 for certain purposes otherwise 6.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 108(3), 148(5), Sch. 20 para. 5(3); S.I. 2009/382, art. 2
  9. F1022Words in s. 385(1) inserted (26.5.2015 for specified purposes, 6.4.2017 for E.W. in so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 123(4)(b), 164(1); S.I. 2015/1329, reg. 3(d); S.I. 2016/1020, reg. 4(b) (with reg. 5) (as amended by S.I. 2017/363, reg. 3)
  10. F1023Words in s. 385(1) inserted (6.4.2016) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 19 para. 55(d); S.I. 2016/191, art. 2 (with art. 3)
  11. F1024Definitions added by S.I. 1986/1999, arts. 2, 6
  12. F1025Words in s. 385(1) substituted (6.4.2017) by The Insolvency (England and Wales) Rules 2016 (Consequential Amendments and Savings) Rules 2017 (S.I. 2017/369), rule 1, Sch. 1 para. 3

Modifications

  1. C1120S. 385 applied with modifications by S.I. 1986/1999, art. 3, Sch. 1 Pt. II

Marginal citations

  1. M301973 c. 62.