Section 342B: Orders under section 342A., Insolvency Act 1986

Without prejudice to the generality of section 342A(2), an order under section 342A may include provision—

requiring the person responsible for the arrangement to pay an amount to the individual's trustee in bankruptcy,

adjusting the liabilities of the arrangement in respect of the individual,

adjusting any liabilities of the arrangement in respect of any other person that derive, directly or indirectly, from rights of the individual under the arrangement,

for the recovery by the person responsible for the arrangement (whether by deduction from any amount which that person is ordered to pay or otherwise) of costs incurred by that person in complying in the bankrupt's case with any requirement under section 342C(1) or in giving effect to the order.

In subsection (1), references to adjusting the liabilities of the arrangement in respect of a person include (in particular) reducing the amount of any benefit or future benefit to which that person is entitled under the arrangement.

In subsection (1)(c), the reference to liabilities of the arrangement does not include liabilities in respect of a person which result from giving effect to an order or provision falling within section 28(1) of the Welfare Reform and Pensions Act 1999 (pension sharing orders and agreements).

The maximum amount which the person responsible for an arrangement may be required to pay by an order under section 342A is the lesser of—

the amount of the excessive contributions, and

the value of the individual's rights under the arrangement (if the arrangement is an approved pension arrangement) or of his excluded rights under the arrangement (if the arrangement is an unapproved pension arrangement).

An order under section 342A which requires the person responsible for an arrangement to pay an amount ("the restoration amount") to the individual's trustee in bankruptcy must provide for the liabilities of the arrangement to be correspondingly reduced.

For the purposes of subsection (5), liabilities are correspondingly reduced if the difference between—

the amount of the liabilities immediately before the reduction, and

the amount of the liabilities immediately after the reduction,

is equal to the restoration amount.

An order under section 342A in respect of an arrangement—

shall be binding on the person responsible for the arrangement, and

overrides provisions of the arrangement to the extent that they conflict with the provisions of the order.

Section 342B: Orders under section 342A.

Discussed in

About this text