Bankruptcy Act 1914
Act of Parliament | |
![]() | |
Long title | An Act to consolidate the Law relating to Bankruptcy. |
---|---|
Citation | 4 & 5 Geo. 5. c. 59 |
Territorial extent | England and Wales[b] |
Dates | |
Royal assent | 10 August 1914 |
Commencement | 1 January 1915[c] |
Other legislation | |
Amended by | |
Status: Partially repealed | |
Text of statute as originally enacted |
The Bankruptcy Act 1914 (4 & 5 Geo. 5. c. 59) was an act of the Parliament of the United Kingdom which formed the primary source of UK insolvency law for approximately 70 years.[1] It came into force on 1 January 1915 repealing a number of earlier enactments. It was substantially repealed by the short-lived Insolvency Act 1985.[2]
The act is generally regarded as a consolidation of earlier enactments relating to bankruptcy.
Although the act is expressed solely with reference to the bankruptcy of individuals, section 317 of the Companies Act 1948 applied many of its provisions to corporate insolvencies.[3]
Provisions
[edit]Repealed enactments
[edit]Section 168 of the act repealed ? enactments, listed in the sixth schedule to the act.
Citation | Short title | Description | Extent of Repeal |
---|---|---|---|
32 & 33 Vict. c. 62. | Debtors Act 1869 | The Debtors Act, 1869 | Sections eleven, twelve, fourteen, fifteen, and sixteen. |
45 & 46 Vict. c. 75. | Married Women's Property Act 1882 | The Married Women's Property Act, 1882. | Subsection (i) of section one, and section three so far as they relate to England and Wales. |
46 & 47 Vict. c. 52. | Bankruptcy Act 1883 | The Bankruptcy Act, 1883. | The whole Act, except sections one, two, thirty-two, thirty-three, thirty-four, one hundred and twenty-two, one hundred and forty-five, and one hundred and forty-six, and except sections forty-two and one hundred and twenty-seven so far as they relate to cases of orders under section one hundred and twenty-two of the said Act. |
47 & 48 Vict. c. 9. | Bankruptcy Appeals (County Courts) Act 1884 | The Bankruptcy Appeals (County Courts) Act, 1884. | The whole act. |
48 & 49 Vict. c. 47. | Bankruptcy (Office Accommodation) Act 1885 | The Bankruptcy (Office Accommodation) Act, 1885. | The whole act. |
49 & 50 Vict. c. 12. | Bankruptcy (Office Accommodation) Act 1886 | The Bankruptcy (Office Accommodation) Act, 1886. | The whole act. |
50 & 51 Vict. c. 66. | Bankruptcy (Discharge and Closure) Act 1887 | The Bankruptcy (Discharge and Closure) Act, 1887. | The whole act. |
51 & 52 Vict. c. 62. | Preferential Payments in Bankruptcy Act 1888 | The Preferential Payments in Bankruptcy Act, 1888. | The whole act so far as unrepealed. |
53 & 54 Vict. c. 71. | Bankruptcy Act 1890 | The Bankruptcy Act, 1890. | The whole act, except sections nine, twelve, and twenty-five, and subsection one of section thirty-one, and except section twenty-eight so far as it relates to cases of orders under section one hundred and twenty-two of the Bankruptcy Act, 1883. |
54 & 55 Vict. c. 21. | Savings Banks Act 1891 | The Savings Banks Act, 1891. | Section thirteen. |
3 & 4 Geo. 5. c. 34. | Bankruptcy and Deeds of Arrangement Act 1913 | The Bankruptcy Act, 1913. | Part I. (except sections fifteen and twenty-seven, and except subsection (1) of section eighteen so far as it relates to cases of orders under section one hundred and twenty-two of the Bankruptcy Act, 1883), and in section forty-two the words from "and Part I. of this Act" to "the Bankruptcy Acts, 1883 to 1913," and subsection (3), Schedule I. (except so far as it relates to section twenty-five of the Bankruptcy Act, 1890) Schedule II. |
Short title, commencement and extent
[edit]Section 169(1) of the act provided that the act may be cited as the Bankruptcy Act, 1914.
Section 169(2) of the act provided that the act would not extend to Scotland or Ireland unless expressly provided.
Section 169(3) of the act provided that the act would come into force on 1 January 1915.
Legacy
[edit]Section 130 of the act repealed by section 56 of, and part I of the second schedule to, the Administration of Estates Act 1925 (15 & 16 Geo. 5. c. 23).
Notes
[edit]References
[edit]- ^ Roy Goode (2005). Principles of Corporate Insolvency Law (3rd ed.). Sweet & Maxwell. p. 7. ISBN 042190450X.
- ^ "Insolvency Act 1985, schedule 10 (repeals)". Retrieved 26 June 2017.. The entire statute was repealed except sections 121-123.
- ^ That section provides: "In the winding up of an insolvent company ... the same rules shall prevail and be observed with regard to the respective rights of secured and unsecured creditors and to, debts provable ... as are in force for the time being under the law of bankruptcy in England with respect to the estates of persons adjudged bankrupt, ..."