Bankruptcy Act 1988

Interpretation.

3

3.In this Act, unless the context otherwise requires,—

F1 [ Act of 2010 means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; ]

adjudication” means adjudication in bankruptcy;

after-acquired property” has the meaning assigned to it by section 44 (5) ;

arrangement” means an arrangement in pursuance of an order for protection under Part IV ;

arranging debtor” means a debtor who has been granted an order for protection under Part IV ;

assignees” means the Official Assignee and the creditors' assignee, if any;

F2 [ Bankruptcy Inspector means a person standing appointed for the time being

(i) to the position of Bankruptcy Inspector in the Office of the Official Assignee in Bankruptcy on the day before the coming into operation of section 29 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013, or

(ii) to the position of Bankruptcy Inspector pursuant to section 12 of the Personal Insolvency Act 2012 ; ]

bankruptcy summons” has the meaning assigned to it by section 8 (1) ;

conveyance”, in relation to land, includes assignment and transfer;

the Court” means the High Court;

creditors’ assignee” means a person chosen and appointed as such under section 18 (1) ;

F3 [ Debt Settlement Arrangement has the same meaning as in the Personal Insolvency Act 2012; ]

F4 [ Director means the Director of the Insolvency Service; ]

F5 [ insolvency proceedings means insolvency proceedings opened in a member state under Article 3 of the Insolvency Regulation where the debtor or each debtor is an individual or deceased;

Insolvency Regulation means Council Regulation (EC) No. 1346/2000 of 29 May 2000 1 on insolvency proceedings; ]

land” includes any estate or interest in or charge over land;

F5 [ liquidator means a liquidator appointed in insolvency proceedings; ]

F5 [ member state means a member state of the European Communities other than the State and Denmark; ]

the Minister” means the Minister for Justice;

F2 [ Official Assignee means a person standing appointed for the time being

(i) to the position of Official Assignee in Bankruptcy in the Office of the Official Assignee in Bankruptcy on the day before the coming into operation of section 29 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013, or

(ii) to the position of Official Assignee pursuant to section 12 of the Personal Insolvency Act 2012 ; ]

F1 [ periodic payments order has the same meaning as it has in Part IVB of the Civil Liability Act 1961 ; ]

F3 [ Personal Insolvency Arrangement has the same meaning as it has in the Personal Insolvency Act 2012; ]

prescribed”, except in relation to court fees, means prescribed by rules of court;

F6 [ principal private residence has the same meaning as it has in section 2 of the Personal Insolvency Act 2012 subject to the modification that a reference to the debtor shall be taken to be a reference to the bankrupt; ]

F7 [ property

(a) includes money, goods, things in action, land and every description of property, whether real or personal,

(b) includes obligations, easements and every description of estate, interest, and profit, present or future, vested or contingent, arising out of or incident to property,

(c) in relation to proceedings opened in the State under Article 3(1) of the Insolvency Regulation, includes property situated outside the State, and

(d) in relation to proceedings so opened under Article 3(2) of the Regulation, does not include property so situated; ]

registered”, in relation to land, means registered in the Registry of Deeds or the Land Registry, as may be appropriate;

secured creditor” means any creditor holding any mortgage, charge or lien on the debtor's estate or any part thereof as security for a debt due to him;

F3 [ statement of affairs means a statement of the debtor s or bankrupt s affairs in the form specified in rules of court; ]

F3 [ trustee means a person appointed as trustee under Part V; ]

vesting arrangement” has the meaning assigned to it by section 93 (2) .

F8 [ (2)   Parts II , III , IV (in so far as it relates to vesting arrangements), V , VI and VIII and the First Schedule are subject to Chapters I (general provisions) and III (secondary insolvency proceedings) of the Insolvency Regulation. ]

Annotations:

Amendments:

F1

Inserted (1.10.2018) by Civil Liability (Amendment) Act 2017 (30/2017), s. 4(a), S.I. No. 377 of 2018.

F2

Substituted (3.12.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 27, S.I. No. 463 of 2013.

F3

Inserted (3.12.2013) by Personal Insolvency Act 2012 (44/2012), s. 142, S.I. No. 462 of 2013.

F4

Inserted (3.12.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 27, S.I. No. 463 of 2013.

F5

Inserted (2.07.2002) by European Communities (Personal Insolvency) Regulations 2002 (S.I. No. 334 of 2002), reg. 3(a)(i).

F6

Inserted (29.01.2016) by Bankruptcy (Amendment) Act 2015 (60/2015), s. 2, S.I. No. 34 of 2016.

F7

Substituted (2.07.2002) by European Communities (Personal Insolvency) Regulations 2002 (S.I. No. 334 of 2002), reg. 3(a)(ii).

F8

Inserted (2.07.2002) by European Communities (Personal Insolvency) Regulations 2002 (S.I. No. 334 of 2002), reg. 3(a)(iii).

1 OJ L160 of 30.6.2000