Abandoned Mines: England and Wales

Clause 57 – in the House of Commons at 7:45 pm on 28th June 1995.

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Amendments made: 182, in page 76, line 30, leave out'includets—and insert— '(A) subject to paragraph (B) below, includes—'. No. 183, in page 76, line 45, at end insert 'but (B) does not include—

  1. (i) any disclaimer under section 178 or 315 of the Insolvency Act 1986 (power of liquidator, or trustee of a bankrupt's estate, to disclaim onerous property) by the official receiver acting in a compulsory capacity; or
  2. (ii) the abandonment of any rights, interests or liabilities by the Accountant in Bankruptcy acting as permanent or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 1985);'.
No. 184, in page 76, line 47, leave out from beginning to end of line 7 on page 77.
No. 185, in page 77, line 11, at end insert— ' "acting in a compulsory capacity", in the case of the official receiver, means acting as—
  1. (a) liquidator of a company;
  2. (b) receiver or manager of a bankrupt's estate, pursuant to section 287 of the Insolvency Act 1986;
  3. (c) trustee of a bankrupt's estate;
  4. (d) liquidator of an insolvent partnership;
  5. (e) trustee of an insolvent partnership;
  6. (f) trustee, or receiver or manager, of the insolvent estate of a deceased person.'
No 186, in page 77, line 12, at end insert— ' "the official receiver" has the same meaning as it has in the Insolvency Act 1986 by virtue of section 399(1) of that Act;'. No. 187, in page 77, line 31, leave out '(2)' and insert '(1)'.
No. 188, in page 77, line 43, at end insert— '(4A) Where the operator of a mine is—
  1. (a) the official receiver acting in a compulsory capacity, or
  2. (b) the Accountant in Bankruptcy acting as permanent or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 1985),
he shall not be guilty of an offence under subsection (3) above by reason of any failure to give the notice required by subsection (1) above if, as soon as reasonably practicable (whether before or after the abandonment), he gives to the Agency notice of the abandonment or proposed abandonment, containing such information as may be prescribed.'.
No. 189, in page 77, line 43, at end insert— '(4B) Where a person gives notice under subsection (1), (4)(b) or (4A) above, he shall publish prescribed particulars of, or relating to, the notice in one or more local newspapers circulating in the locality where the mine is situated.'.—[Mr. Atkins]