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Bankruptcy (Amendment) Rules (No. 1197) 1956

Vanuatu

BANKRUPTCY, ENGLAND

THE BANKRUPTCY (AMENDMENT NO. 2) RULES, 1956
1956 No. 1197 (L 13)

Made..................................................................1^st August, 1956
Laid before Parliament..........................................7^th August, 1956
Coming into Operation..........................................8^th August, 1956

I, David Viscount Kilmuir, Lord High Chancellor of Great Britain, with the concurrence of the President of the Board of Trade, in exercise of the powers conferred on me by section 132 of the Bankruptcy Act, 1914(a), and of all other powers enabling me in that behalf, hereby make the following Rules:-

1. The Bankruptcy Rules, 1952(b), as amended(c), shall be amended as follows:-

(a) in paragraph (2) of Rule 6 for the words “Sunday, Christmas Day, Good Friday and the day following “ there shall be substituted the words “Saturday, Sunday, Christmas Day, Good Friday”;

(b) in paragraph (1) of Rule 123 the words “ and on Saturday from ten till one o’clock “ shall be deleted ;

(c) in paragraph (2) of Rule 123 for the words “ Sundays, Christmas Day, Good Friday and the day following “ there shall be substituted the words “ Saturdays, Sundays, Christmas Day, Good Friday “;

(d) for paragraph (a) of Rule 136 there shall be substituted the following-

“(a) produce to the Registrar evidence of the judgment or order on which the notice is to be founded, being-

(i) an office copy of the judgment or order of the High Court, or

(ii) a certificate of the judgment or order of a county court, or

(iii) a copy of the judgment or order of any court in England or Wales other than the :High Court or a county court, certified as a true copy by an officer of the court or bearing the seal of the court, or

(iv) a copy of a certificate registered in the High Court under the Judgments Extension Act, 1868(d), or the Inferior Courts Judgments Extension Act, 1882(e), bearing the seal of the Central Office of the Supreme Court, or

(v) a copy of the judgment or order of a foreign or Commonwealth court with a certificate of registration in the High Court endorsed thereon and bearing the seal of the Central Office of the Supreme Court, or

(vi) a copy of a certificate registered in a county court under the Inferior Court Judgments Extension Act, 1882, bearing the seal of the county court.”

2. These Rules may be cited as the Bankruptcy (Amendment No. 2) Rules, 1956, and shall come into operation on the eighth day of August, 1956.

Kilmuir, C.

Dated this first day of August, 1956.

I concur,

Peter Thorneycroft,
President of the Board of Trade.

Dated this first day of August, 1956.

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(a) 4 & 5 Geo. 5. c. 59.
(b) S.1. 195/2113 (1952 I, p. 213).
(c) S.I. 1956/117 (p. 369 above).
(d) 31 & 32 Vict. c. 54.
(e) 45 46.Vict. c. 31.

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EXPLANATORY NOTE
(This Note is not part of the Rules but is intended to indicate their general purport.)

These Rules amend the Bankruptcy Rules, 1952. They enable the offices of the Chief Bankruptcy Registrar to be closed on Saturdays. Saturdays are to be excluded in computing time limits of less than six days prescribed by the Rules. The provisions for the production of evidence of judgments on applications for the issue of a bankruptcy notice are expanded to include evidence of judgments of courts other than the High Court or a county court.

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