Thursday, 18 July 1985
The House met at half-past Two o'clock
[MR. SPEAKER in the Chair]
Lords amendments agreed to.
Read the Third time, and passed.
Read a Second time, and committed.
Order for Second Reading read.
asked the Minister of Agriculture, Fisheries and Food if he has received representations about the loss of agricultural land in southern England.
asked the Minister of Agriculture, Fisheries and Food whether he has made any studies on the impact of consultancy fees on small farmers.
asked the Minister of Agriculture. Fisheries and Food how many meetings he or his officials have had with the Food and Drink Federation in the last 12 months.
asked the Minister of Agriculture, Fisheries and Food what is the latest position regarding the negotiations over cereal prices in the Common Market.
asked the Minister of Agriculture, Fisheries and Food if he will make a statement on the operation of Sea Fisheries Committees byelaws.
asked the Minister of Agriculture, Fisheries and Food if he will provide figures for 1984 for the percentage cost of the transport element of food manufacture costs in the United Kingdom and the...
asked the Minister of Agriculture, Fisheries and Food how much has been paid in compensation to pig farmers for losses incurred because of Aujeszky's disease in each of the last three years; what...
asked the Minister of Agriculture, Fisheries and Food what value are the United Kingdom's exports of confectionery for the last year for which figures are available.
asked the Minister of Agriculture, Fisheries and Food if he will estimate the cost of levies and duties to the average family of four due to the common agricultural policy arising from the...
asked the Minister of Agriculture, Fisheries and Food if he will issue advice to dairy farmers with milk quotas who wish to acquire further quota by means of leasing or purchase.
asked the Minister of Agriculture, Fisheries and Food if he will make a statement on the level of returns in the beef fattening industry.
asked the Prime Minister if she will list her official engagements for Thursday 18 July.
May ask the Leader of the House to state the business for next week?
I have a short statement to make about arrangements for the debate on the motion for the Adjournment which will follow the passing of the Consolidated Fund Bill on Wednesday 24 July. Members...
[4TH ALLOTTED DAY]—considered
Motion made, and Question proposed,That a further sum not exceeding £39,501,000 be granted to Her Majesty out of the Consolidated fund to defray the charges which will come in course of...
As amended (in the Standing Committee), considered.
'(1) A member of a recognised professional body is authorised to act as an insolvency practitioner if he is permitted so to act by or under the rules of that body.
`(1) An application for authorisation under section (Grant, refusal and withdrawal of authorisation) below— (a) shall be made in such mariner as the relevant authority may direct;(b) shall...
`(1) The relevant authority may, on an application duly made in accordance with section (Applications for authorisation) above and after being furnished with all such information as it may...
`(1) A person on whom a notice is served under section [Notices] above may within twenty-eight days after the date of service give written notice to the relevant authority requiring the case to...
'(1) Where the relevant authority grants an authorisation, it shall give written notice of that fact to the applicant, specifying the date on which the authorisation takes effect.
`(1) A person on whom a notice is served under section [Notices] above may within fourteen days after the date of service make written representations to the relevant authority.
To move the following clause:
'Where no requirement is made under section [Reference to Tribunal] (1) above in respect of a proposed refusal or withdrawal, the relevant authority may, at the expiration of the period within...
'In this Part— prescribed" means prescribed by regulations made by the Secretary of State;
'(1) This section applies to a person where a company ("the relevant company") has gone into insolvent liquidation and he was a director or shadow director of the company at any time in the...
`(1) Section 473 of the 1985 Act (agency and liability of receiver for contracts) shall be amended as follows.
' —(1) Section 477 of the 1985 Act (disposal of interest in property) shall be amended as follows—
'(1) Where a spouse's rights of occupation under the Matrimonial Homes Act 1983 are a charge on the estate or interest of the other spouse or of trustees for the other spouse and the other spouse...
`(1) This section applies where a person— (a)who is entitled to occupy a dwelling house by virtue of a beneficial estate or interest: and(b) with whom any children have their home, is...
'Where any premises comprised in a bankrupt's estate are occupied by him (whether by virtue of section [Rights of occupation of bankrupt] above or otherwise) on condition that he makes payments...
`(1) Where a person fails to make any payment which he is required to make by virtue of an administration order under Part VI of the County Courts Act 1984, the court which is administering the...
'(1) An order made by a court in any part of the United Kingdom in the exercise of jurisdiction in relation to insolvency law shall be enforced in any other part of the United Kingdom as if it...
`(1) The Secretary of State may, by order made with the concurrence of the Treasury and after consultation with the Bank of England, provide that such provisions of Part II of this Act and Parts...
'(1) No restriction in respect of any of the matters specified in subsection (2) below shall, after the coming into force of this section, be regarded as a restriction by virtue of which the...
'()—(1) The directors of every public company shall secure and collate not less than once in each accounting reference period such data about the company's affairs and transactions and...
'(1) Subject to subsection (3) below, if, in the course of the winding up of a company which has gone into insolvent liquidation, it appears that subsection (2) below applies to a director, the...
(1) Where this section applies compensation shall not be available between debts due to or by the Crown under the provisions of any statute and debts due to or by the Crown in respect of...
`(1) This section applies where an individual pays to a company a deposit of money or a pre-payment in relation to a contract for the supply of goods or services by the company for use or...
Resolved,That a further sum not exceeding £39,501,000 be granted to Her Majesty out of the Consolidated Fund to defray the charges which will come in course of payment during the year ending...
Resolved,That a further sum not exceeding £48,588,165,000 be granted to Her Majesty out of the Consolidated Fund to complete or defray the charges for the service of the year ending on 31st...
Mr. John Moore accordingly presented a Bill to apply a sum out of the Consolidated Fund to the service of the year ending on 31 March 1986, to appropriate the supplies granted in this Session of...
Ordered,That, at this day's sitting, the Insolvency Bill [Lords] may be proceeded with, though opposed, until any hour.—[Mr. Neubert.]
As amended, again considered.
I beg to move amendment No. 1, in page 1, line 17 at end insert 'or as supervisor of a composition or scheme approved by it under Chapter II or Part II of this Act'.
Amendments made:
Amendment made:
I beg to move amendment No. 11, in page 5, line 20, leave out subsection (3).
Amendments made: No. 13, in page 7, line 31, leave out 'to the matters mentioned in Schedule 2 to this Act' and insert— `(a) to the matters mentioned in Part I of Schedule 2 to this Act;...
Amendments made: No. 15, in page 9, line 18, after `order', insert 'of section [Restriction on use of company names] above'.
Amendments made: No. 18, in page 16, line 33, leave out 'or'.
I beg to move amendment No. 20, in page 17, line 28, leave out 'charge or'.
Amendments made: No. 23, in page 18, line 6, leave out 'charge on or'.
Amendments made: No. 25, in page 19, line 10, after 'no', insert 'other'.
Amendments made: No. 30, in page 21, line 3, leave 'charge or'.
Amendments made: No. 43, in page 23, line 26, leave out 'a charge on' and insert `charged on and paid out of'.
Amendment made: No. 49, in page 29, line 18, leave out from first 'a' to 'or' in line 19 and insert 'charge which, as created, was a floating charge, or by such a charge and one or more other...
Amendments made: No. 50, in page 30, line 28, leave out 'charge or'.
Amendments made: No. 57, in page 31, line 28, leave out from beginning to 'and' in line 30 and insert 'by him in the carrying out of his functions (except in so far as the contract otherwise...
Amendments made: No. 60, in page 32, line 13, leave out 'a charge on' and insert 'charged on and paid out of'.
Amendments made: No. 264, in page 36, line 32, at end insert— '(aa)in paragraph (c)of subsection (1), after the word "to" there shall be inserted the words "raise or".'
Amendments made:
Amendment made: No. 67, in page 38, line 3, after 'invalid', insert '(whether by virtue of the invalidity of the instrument or otherwise)'.—[Mr. Fletcher.]
Amendments made: No. 68, in page 38, line 12, leave out '14' and insert '28'.
Amendment made: No. 74, in page 39, line 3, leave out from beginning to end of line 4 on page 40 and insert—
Amendments made: No. 75, in page 40, line 16, at end insert `so far as he is aware of them'.
Amendments made: No. 79, in page 41, line 41, leave out 'at any time' and insert 'on giving not less than 7 days notice'.
Amendment made: No. 81, in page 46, line 2, leave out 'one-half' and insert 'one-quarter'.—[Mr. Fletcher.]
Amendment made: No. 82, in page 47, line 2, after `person', insert `(who may be the person who is the interim liquidator)'.— [Mr. Fletcher.]
Amendment made: No. 83, in page 48, line 12, at end insert '; and the liquidator of a company who is not the official receiver shall summon such a meeting if he is requested, in accordance with...
Amendments made:No. 84, in page 51, line 9, leave out from 'dissolved' to end of line 10 and insert 'in accordance with this section.'
Amendments made: No. 88, in page 52, line 16, leave out 'one-half and insert 'one-quarter'.
Amendment made: No. 90, in page 54, line 2, at end insert— '(7) In the application of this section to a case where the order for winding up has been made by the court in Scotland, the...
Amendments made: No. 91, in page 54, line 7, leave out 'subsection (2)' and insert 'subsections (2) and (3A)'.
Amendments made: No. 98, in page 56, line 12, leave out from 'the' to 'and' in line 13 and insert 'directors' declaration under section 577 of that Act had not been made'.
Amendment made: No. 100, in page 58, line 3, after 'practitioner' insert `in relation to the company'—[Mr. Fletcher.]
Amendment made: No. 101, in page 60, line 42, at end insert— '(2A) In the application of subsection (2) above to the winding up of a company registered in Scotland, the references to a...
Amendment made: No. 102, in page 61, line 23, leave out 'under (and, in Scotland' and insert 'secured by, or'.—[Mr. Fletcher.]
Amendment made: No. 103, in page 66, line 1, leave out clause 86.—[Mr. Fletcher.]
Amendment made: No. 104, in page 67, line 32, at end insert— '(3) Section 90 below shall apply where a composition or scheme approved by meetings summoned under section 16 above has taken...
Amendments made: No. 105, in page 69, line 2, leave out 'and'.
Amendments made: No. 107, in page 73, leave out lines 13 to 25 and insert— '(8) Subject to subsection (8A) below, the time at which a company enters into a transaction at an undervalue or...
Amendment made: No. 109, in page 74, line 15, leave out 'charge or'.—[Mr. Fletcher.]
Amendments made: No. 110, in page 76, line 38. leave out from beginning to end of line 16 on page 77 and insert— '(2) Subject to subsection (3) below, the time at which a floating charge is...
Amendments made: No. 266, in page 79, line 15, leave out 'preceding'.
Amendment proposed: No. 118, in page 91, line 15, leave out 'them' and insert 'the debts'.—[Mr. Fletcher.]
Amendments made: No. 122, in page 94, line 10, leave out 'and'.
Amendments made: No. 126, in page 98, line 3, leave out from `not' to end of line 7 and insert 'release a bankrupt from any liability in respect of a fine or other penalty imposed for an offence...
11 pm
Amendment made: No. 132, in page 108. line 25 leave out 'one-half' and insert 'one-quarter'.—[Mr. Fletcher.]
Amendment made: No. 133, in page 109, line 33 leave out `that section' and insert `this Part'.—[Mr. Fletcher.]
Amendment made: No. 134, in page 110, line 26 leave out `that section and insert 'this Part'.—[Mr. Fletcher.]
Amendment made: No. 135, in page 111, line 3 leave out 'one-half and insert `one-quarter'.—[Mr. Fletcher.]
Amendment made: No. 136, in page 119, line 14 at end insert `; but notice of the deemed assignment shall not be required to be given except in so far as it is necessary, in a case where the...
Amendments made: No. 137, in page 120, line 10 leave out 'the principal residence of the bankrupt or of' and insert a dwelling house which is occupied by the bankrupt or by'. No. 138, in page...
Amendment made: No. 139, in page 122, line 23 after `and', insert in respect of the bankrupt's estate, on'.—[Mr. Fletcher.]
Amendment made: No. 140, in page 124, line 14 at end insert— '(7A) Without prejudice to subsection (6) above, the disclaimer of any property in a dwelling house shall not take effect unless...
Amendments made: No. 141, in page 124, line 35 leave out 'or'.
I beg to move amendment No. 148, in page 126, line 26 at end insert— '(2A) Sums clue from the bankrupt to another party shall not be included in the account taken under subsection (2) above...
Amendment made: No.149, in page 129, line 1, leave out 'the principal residence of the bankrupt or of'
Amendments made: No. 150, in page 133, line 25, leave out subsection (7) and insert— '(7) Subject to subsections (7A) and (9) below, the time at which an individual enters into a...
Amendments made: No. 152, in page 138, line 7 leave out 'served on' and insert 'given to'.
Amendment made: No. 154, in page 145, line 10 after 'causes', insert `to be made'.—[Mr. Fletcher.]
Amendments made: No. 155, in page 147, line 38 leave out from beginning to 'in' in line 43 and insert 'The bankrupt shall be guilty of an offence if he has— (a)
Amendment made: No. 158, in page 148, line 19 after `179(1)' insert 'or (3)'.—[Mr. Fletcher.]
Amendment made: No. 159, in page 156, line 21 leave out from second 'Appeal' to end of line 25
No. 160, in page 156, line 31, leave out clause 194.
Amendments made: No. 161, in page 160, line 27 at end insert— '"dwelling house" includes any building or part of a building which is occupied as a dwelling and any yard, garden, garage or...
I beg to move amendment No. 164, in page 162, line 4 leave out 'that is being wound up' and insert 'which is being wound up or in relation to which an administration order is in force'.
Amendment made: No. 169, in page 167, line 22, after 'under', insert 'Chapter II of Part II or'.—[Mr. Fletcher.]
Amendments made: No. 170. in page 167, line 24, leave out 'In section 18(1)' and insert 'For subsections (1) and (2) of section 18'.
Amendments made: No 257, in page 175, line 8 after `under', insert 'Chapter II of Part II or.—[Mr. Fletcher.]
Amendment made: No 173, in page 175, line 30 after `III', insert `or IV'.—[Mr. Fletcher.]
Amendments made: No 174, in page 176, line 2 at end insert—"() section 43,'.
Amendment made: No 182, in page 178, line 30 at end insert—
5.—(1) The Tribunals and Inquiries Act 1971 shall be amended as follows.
10A. The Insolvency Practitioners Tribunal established under section (Reference to Tribunal) of the Insolvency Act 1985."
6.—(1) In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices), there shall be inserted at the appropriate place the following entry— Any...
Amendments made: No. 183, in page 178, line 32, at end insert—
No. 184, in page 178, line 39, leave out from second `transaction' to end of line 41 and insert `liable to be set aside under section 203 of this Act'.
5A. The extent of the director's responsibility for the causes of the company becoming insolvent.
I beg to move, amendment No. 268, in page 181, line 1, leave out 'twelve' and insert 'six'.
Amendments made: No. 186, in page 181, line 12, leave out from beginning to 'the' in line 13 and insert 'is referable to'.
Amendments made:—
5A. Provision for the registration of compositions or schemes approved under Chapter II of Part II of this Act, including provision for the keeping and inspection of a register.'.
Amendments made:
Amendments made:—
1. In section 11 of the Bills of Sale Act (1878) Amendment Act 1882 (local registration of bills of sale), for the words "the London bankruptcy district as defined by the Bankruptcy Act 1869" and...
17A. In Schedule 3 to the Conveyancing and Feudal Reform (Scotland) Act 1970 (the standard conditions of a security). in standard condition 9(2)(b), for the words from "or an order" to "1925"...
35A. After paragraph (b) of section 18(3) of the Civil Jursidiction and Judgments Act 1982 (judgments to which provisions relating to the enforcement of judgments within the United Kingdom do not...
38.—(1) The Housing Act 1985 shall be amended as follows.
39. In section 16(1)(g) of the Administration of Justice Act 1985 (conditional licences), for the words "and having obtained his discharge" there shall be substituted the words "and...
Amendments made:
Amendments made:
Motion made, and Question put forthwith pursuant to Standing Order No. 79(5) (Standing Committees on Statutory Instruments, &c.),
That the draft Food Imitations (Safety) (Amendment) Regulations 1985, which were laid before this House on 21st June, be approved.
That the draft Merchant Shipping (Fire Protection', (Ships Built Before 25th May 1980) Regulations 1985, which were laid before this House on 5th July, be approved.
That the draft Agriculture Improvement Regulations 1985, which were laid before this House on 8th July, be approved.
Motion made, and Question put forthwith pursuant to Standing Order No. 80(5) (Standing Committees on European Community documents),That this House takes note of European Community Document No....
Motion made, and Question proposed, That this House do now adjourn.—[Mr. Boscawen]
Debates in the House of Commons are an opportunity for MPs from all parties to scrutinise government legislation and raise important local, national or topical issues.
And sometimes to shout at each other.