Section 385: Miscellaneous definitions.

Insolvency Act 1986 · 1986 c. 45View on legislation.gov.uk

Part XI: Interpretation for Second Group of Parts

The following definitions have effect—

  • " adjudicator " means a person appointed by the Secretary of State under section 398A;

  • "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;

  • " creditors' decision procedure " has the meaning given by section 379ZA(11);

  • "creditor's petition" means a bankruptcy petition under section 264(1)(a);

  • "criminal bankruptcy order" means an order under section 39(1) of the Powers of Criminal Courts Act 1973;

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

  • "the debtor"—

    (za)in relation to a debt relief order or an application for such an order, has the same meaning as in Part 7A,

    (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 bankruptcy application or a bankruptcy petition, means the individual to whom the application or petition relates;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • "debt relief order" means an order made by the official receiver under Part 7A;

  • "deemed consent procedure" means the deemed consent procedure provided for by section 379ZB;

  • "determination period" has the meaning given in section 263K(4);

  • "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;

  • "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;

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

  • "the Rules" means the Insolvency (England and Wales) Rules 2016 and

  • "the trustee", in relation to a bankruptcy and the bankrupt, means the trustee of the bankrupt's estate.

References in this Group of Parts to a person's affairs include his business, if any.

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