Clause 151

by deleting the word “leave” wherever it appears in the following provisions and substituting in each case the word “permission”:Section 33(1) and (3)Section 34(14)Section 36(3) and (5)Section 37(1) and (1A)Fifth Schedule, paragraphs 9(3)(a), 10(1), 25(7), 34, 46(2), 59 and 86(1), (3) and (4);

by deleting the word “execution” in the following provision and substituting the words “an enforcement order”:Fifth Schedule, paragraph 3(2)(b);

by deleting the word “execution” in the following provisions and substituting in each case the words “enforcement order”:Fifth Schedule, paragraphs 8(2) and 46(1); and

by deleting paragraphs 88 and 89 of the Fifth Schedule and substituting the following paragraphs:“Restriction of rights of creditor as to enforcement or attachment88.—

Where a creditor has obtained an enforcement order against the goods or land of a limited liability partnership or has attached any debt due to the limited liability partnership and the limited liability partnership is subsequently wound up, the creditor is not entitled to retain the benefit of the enforcement order or attachment against the liquidator unless the creditor has completed the enforcement order or attachment before the date of the commencement of the winding up, but —

where any creditor has had notice of a meeting having been called at which a resolution for voluntary winding up is to be proposed, the date on which the creditor so had notice is for the purposes of this paragraph substituted for the date of the commencement of the winding up;

a person who purchases in good faith under a sale by the bailiff any goods of a limited liability partnership on which an enforcement order has been executed in all cases acquires a good title to them against the liquidator; and (c)the rights conferred by this sub-paragraph on the liquidator may be set aside by the Court in favour of the creditor to the extent and subject to the terms that the Court thinks fit.(2) For the purposes of this paragraph —

an enforcement order against goods is completed by seizure and sale;

an attachment of a debt is completed by receipt of the debt; and

an enforcement order against land is completed by sale or, in the case of an equitable interest, by the appointment of a receiver.Duties of bailiff as to goods taken under or pursuant to enforcement order89.—

Subject to sub‑paragraph (3), where any goods of a limited liability partnership are taken under or pursuant to an enforcement order and, before the sale of the goods or the completion of the enforcement order by the receipt or recovery of the full amount of the levy, notice is served on the bailiff that —

a provisional liquidator has been appointed;

a winding up order has been made; or

a resolution for voluntary winding up has been passed,the bailiff must, on being so required, deliver the goods and any money seized or received in part satisfaction of the enforcement order to the liquidator, but the costs of the enforcement order are a first charge on the goods or moneys so delivered, and the liquidator may sell the goods, or a sufficient part of the goods, for the purpose of satisfying that charge.(2) Subject to sub‑paragraph (3), where under an enforcement order in respect of a judgment for a sum exceeding $100 the goods of a limited liability partnership are sold or money is paid in order to avoid sale, the bailiff must deduct the costs of the enforcement order from the proceeds of the sale or the money paid and retain the balance of 14 days; and if within that time notice is served on the bailiff of an application for the winding up of the limited liability partnership having been made or of a meeting having been called at which there is to be proposed a resolution for the voluntary winding up and an order is made or a resolution is passed for the winding up, the bailiff must pay the balance to the liquidator who is entitled to retain it as against the enforcement creditor.(3) The rights conferred by this paragraph on the liquidator may be set aside by the Court in favour of the creditor to the extent and subject to the terms that the Court thinks fit.”.