Courts and Civil Law (Miscellaneous Provisions) Act 2023
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Amendment of section 56 of Act of 1988 | ||
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34. Section 56 of the Act of 1988 is amended— | ||
(a) in subsection (1), by the deletion of the words “with the leave of the Court and”, | ||
(b) by the insertion of the following subsection after subsection (1): | ||
“(1A) The Official Assignee shall give notice in writing of the disclaimer to each person who, to the Official Assignee’s knowledge at the time of the disclaimer— | ||
(a) has an interest in the disclaimed property (including any person who is in occupation of, or claims a right to occupy, the property as that person’s principal private residence, as defined in section 2 of the Personal Insolvency Act 2012 , subject to the modification that a reference to the debtor shall be taken as a reference to that person), or | ||
(b) is under a liability not discharged by this Act in respect of the disclaimed property.”, | ||
and | ||
(c) by the substitution of the following subsection for subsection (4): | ||
“(4) The Court may, on application by— | ||
(a) the Official Assignee, at any time, or | ||
(b) any person to whom subsection (1A) applies, before the end of the period of 28 days beginning on the day on which notice was given, | ||
give such directions and make such other order in the matter as the Court thinks just.”. |