Courts and Civil Law (Miscellaneous Provisions) Act 2023

Amendment of section 85D of Act of 1988

38. Section 85D of the Act of 1988 is amended—

(a) by the substitution of the following subsection for subsection (3):

“(3) Subject to subsections (3A) and (3B)—

(a) an order made under subsection (1) shall have effect for no longer than 3 years from the date of the order coming into operation, save in circumstances where the bankrupt has not complied with the order and in such circumstances the order shall have effect until such time as it has been complied with, and

(b) where the Court has varied the order under subsection (5), such variation shall not cause the order to have effect for a period of more than 3 years, save in circumstances where the bankrupt has not complied with the varied order, and in such circumstances that varied order shall have effect until such time as it has been complied with.”,

and

(b) by the substitution of the following subsection for subsection (3B):

“(3B) Where the Court has made an order under section 85A(4)—

(a) a bankruptcy payment order made under subsection (1) shall have effect for no longer than 5 years from the date of that order coming into operation, save in circumstances where the bankrupt has not complied with the bankruptcy payment order and in such circumstances that order shall have effect until such time as it has been complied with, and

(b) where the Court has varied the bankruptcy payment order under subsection (5), such variation shall not cause that order to have effect for a period of more than 5 years, save in circumstances where the bankrupt has not complied with the varied order and in such circumstances that varied order shall have effect until such time as it has been complied with.”.