Third Parties (Rights against Insurers) Act 2010
[^key-a7c6fa523daa4ac1ec77d81d7cf390f1]: Words in s. 6(3)(a) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(4)(a)(i)
[^key-a4905347893322a49a3433b17dbad10b]: Words in s. 6(3)(b) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(4)(a)(ii)
[^key-8fce0f1148a5113a23ff7ffdb5479860]: Word in s. 6(3)(b) inserted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(4)(a)(iii)
[^key-b6bb8767b32460d54548018258aa1708]: Word in s. 6(3)(c) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(4)(a)(iv)
[^key-e2efd9d327e9c5fbf74934c1ef7e4815]: S. 6(3)(d) and word omitted (30.11.2016) by virtue of The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(4)(a)(v)
[^key-bf3acdedb9058736396b82d8c5285c8c]: Words in s. 6(7) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(4)(b)
[^key-40af2a33b11c480773e8b17e37748613]: S. 6(8) omitted (30.11.2016) by virtue of The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(4)(c)
[^key-9fbd86d86f605128fb83a8ace58dbcf7]: Words in s. 6(9)(c) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(4)(d)
[^key-7f1a19b4c7221b09541347546a6ddef6]: Words in s. 7(1)(a) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(5)(a)(i)
[^key-54ef50c23dee0be53903dfa59f274a9d]: Word in s. 7(1)(a) inserted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(5)(a)(ii)
[^key-7a888d2299101015251a74fa39aae0b8]: S. 7(1)(c) and word omitted (30.11.2016) by virtue of The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(5)(a)(iii)
[^key-a514c1af7422f4dc3c4b9a770d1523c8]: Words in s. 7(2) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(5)(b)
[^key-fade8ff9856db31e29e902edc689086c]: S. 7(3) omitted (30.11.2016) by virtue of The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(5)(c)
[^key-2b4329563888ee49fd3b65dfd72ebd7a]: Words in s. 7(4) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(5)(d)
[^key-d5a7818690a735c48c740739312f2f6b]: Sch. A1 modified (E.W.) (31.1.2019) by The Further Education Bodies (Insolvency) Regulations 2019 (S.I. 2019/138), regs. 1(1), 36 (with regs. 1(2), 3(b))
[^key-68e93695d0ccc4aae33d2680a2c8ff2f]: Words in s. 6(1) inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 45 (with ss. 2(2), 5(2))
[^key-73374a4d47e97a234a5b9caf00d5b304]: Words in Sch. A1 inserted (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 4 para. 3 (with reg. 5) (as amended (4.1.2024) by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 4)
Establishing liability in England and Wales and Northern Ireland
Establishing liability in Scotland
Individuals who die insolvent
6A
- (1) A body corporate or unincorporated body is a relevant person if the body has been dissolved, subject to the exceptions in subsections (2) and (3).
- (2) The body is not a relevant person by virtue of subsection (1) if, since it was dissolved (or, if it has been dissolved more than once, since it was last dissolved), something has happened which has the effect that the body is treated as not having been dissolved or as no longer being dissolved.
- (3) Subsection (1) applies to a partnership only if it is a body corporate.
- (4) For the purposes of this section, “dissolved” means dissolved under the law of England and Wales, Scotland or Northern Ireland (whether or not by a process referred to as dissolution).
Reinsurance
Interpretation
19A
- (1) The references to enactments in sections 4 to 7 ... ... , Schedule A1 and paragraph 3(2)(b) of Schedule 1 are to be treated as including references to those enactments as amended, extended or applied by another enactment, whenever passed or made, unless the contrary intention appears.
- (2) In this Act, “enactment” means an enactment contained in, or in an instrument made under, any of the following—
- (a) an Act;
- (b) an Act or Measure of the National Assembly for Wales;
- (c) an Act of the Scottish Parliament;
- (d) Northern Ireland legislation.
Amendments, transitionals, repeals, etc
SCHEDULE A1
For the purposes of section 6(4B)—
List of Enactments
Aviation
Energy
Financial Services
Postal Services
Railways
Water and sewerage
Application of this Act
Relevant persons
1A
- (1) An individual, company or limited liability partnership not within sections 4 to 7 is to be treated as a relevant person for the purposes of this Act in the following cases.
- (2) The first case is where an individual—
- (a) became bankrupt before commencement day, and
- (b) has not been discharged from that bankruptcy.
- (3) The second case is where—
- (a) an individual made a composition or arrangement with his or her creditors before commencement day, and
- (b) the composition or arrangement remains in force.
- (4) The third case is where—
- (a) a winding-up order was made, or a resolution for a voluntary winding-up was passed, with respect to a company or limited liability partnership before commencement day, and
- (b) the company or partnership is still wound up.
- (5) The fourth case is where a company or limited liability partnership—
- (a) entered administration before commencement day, and
- (b) is still in administration.
- (6) The fifth case is where—
- (a) a receiver or manager of the business or undertaking of a company or limited liability partnership was appointed before commencement day, and
- (b) the appointment remains in force.
- (7) In those cases, the person is a relevant person only in relation to liabilities under a contract of insurance under which the person was insured at the time of the event mentioned in sub-paragraph (2)(a), (3)(a), (4)(a), (5)(a) or (6)(a) (as appropriate).
Bankruptcy and Diligence etc (Scotland) Act 2007
Application of 1930 Acts
Interpretation
Amendments, transitionals, repeals, etc
For the purposes of section 6(4B)—
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