Abandoned Mines: Scotland

Clause 58 – in the House of Commons at 7:45 pm on 28th June 1995.

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Amendments made: No. 214, in page 78, line 36, leave out 'includes—' and insert— '(A) subject to paragraph (B) below, includes—'. No. 215, in page 79, line 3, at end insert 'but (B) does not include—

  1. (a) 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); or
  2. (b) any disclaimer under section 178 or 315 of the Insolvency Act 1986 (power of liquidator, or trustee of bankrupt's estate, to disclaim onerous property) by the official receiver acting in a compulsory capacity;'.
No. 216, in page 79, leave out lines 5 to 14.
No. 217, in page 79, line 16, after 'requires' 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;
"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. 218, in page 79, line 32, leave out '(2)' and insert '(1)'.
No. 219, in page 79, line 44, at end insert— '(4A) Where the operator of a mine is—
  1. (a) the Accountant in Bankruptcy acting as permanent or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 1985); or
  2. (b) the official receiver acting in a compulsory capacity,
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 is reasonably practicable (whether before or after the abandonment), he gives to SEPA notice of the abandonment or proposed abandonment, containing such information as may be prescribed.(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.]