Debt questions from around the world, helping each other by giving and receiving advice on UK based debt.

Moderators: TalbotWoods, JaneClack

By portwest
#218575 Hello,

I’m located in Ontario, Canada, and am trying to do a research project, but I get stumped when it comes to foreign law. Right now, I’m trying to figure out the current Act applicable to personal bankruptcies in England. Is it the Bankruptcy Act, 1986? From what I can find, the Bankruptcy Act, 1914 was in effect until the 1986 act replaced it --- but then I see references to the Insolvency Act, 1986, and I get confused. I don’t know whether or not the Bankruptcy Act, 1986 and the Insolvency Act, 1986 are the same laws --- or whether one might apply to personal bankruptcies and the other, to corporate insolvency, or whether one is a "correct" title and the other, simply in common usage. Further, from what I see, the Enterprise Act, 2002 amended the Bankruptcy Act, 1986. (How am I doing?!?)

I have not been able to find the correct full title and citation for the current applicable English act. If it’s not too much trouble, I would really appreciate any help that someone may be able to provide. Thank you!
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By TalbotWoods
#218579 Hi and welcome

Insolvency in the UK is very complex, with no one act having complete say on matters. As you have already seen it appears to be a conglomerate of laws.

To complicate this further, there are in many instances different laws covering (England and Wales), (Scotland) and (Northern Ireland). To add a further complication some of these are then further directed by EU Regulations.

The easiest way to help you is to point you the key legislation areas for the respective legislative countries:

England and Wales

http://www.insolvency.gov.uk/insolvency ... lation.htm

Scotland

http://www.aib.gov.uk/guidance/Legislation

Northern Ireland

http://www.opsi.gov.uk/si/si1989/uksi_19892405_en_1

http://www.uk-legislation.hmso.gov.uk/s ... 051455.htm

Oh and good luck trying to fathom your way around that lot, for us in the UK it is a nightmare

Tim
By portwest
#218581 Oh my gosh, that's exactly the sort of thing that's leaving me so confused! :)

But seriously, thank you, Tim. From the links you posted, it looks as though the prevailing statute for personal bankruptcy in England --- not Scotland or UK --- is the Insolvency Act, 1986, as amended (by a bazillion other acts! Zounds, is it ever confusing!)

I appreciate you taking a moment to post those links.
-Portwest
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By Ransid
#218586 Yes you are right

The primary act for personal bankrutpcy in England & Wales is The Insolvency Act 1986 (as amended). There are various reference texts that maintain an amended version but these are not cheap. There were significant modifications brought in on 1/4/04 by the Enterprise Act 2002 as you have identified.

The main secondary legislation (which is what makes the Act tick) is The Insolvency Rules 1986, but the level of secondary legislation in insolvency is massive.

There is currently work ongoing to codify and rationalise all the relevant secondary legislation - but this will be a long task.