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Version status: In force | Document consolidation status: No known changes
Version date: 31 July 2023 - onwards
Version 2 of 2

34. Amendment of section 56 of Act of 1988

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