Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 21 · Bankruptcy Miscellaneous Provisions
433. List of undischarged bankrupts, etc., to be kept
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The Official Assignee must maintain, in such form or manner as the Official Assignee thinks fit —
Official Assignee
“Official Assignee” means the Official Assignee appointed under section 16(1) and includes a Deputy Official Assignee, a Senior Assistant Official Assignee and an Assistant Official Assignee;
a list of undischarged bankrupts;
a list of discharged bankrupts;
a record of every bankruptcy order;
a record of every order rescinding a bankruptcy order;
a record of every order, and every certificate of the Official Assignee, discharging a bankruptcy order; (f)a record of every order, and every certificate of the Official Assignee, annulling a bankruptcy order; and
a record of the particulars of the current employment status and employment history of every undischarged bankrupt, as provided to the Official Assignee under section 332(3)(a)(iv) or (4)(c), 333(1)(a) or 399(1)(b) or (c).
Subject to subsections (3) and (4), the Official Assignee may allow any person, on payment of the prescribed fee, to inspect or otherwise have access to the whole or any part of any list or record mentioned in subsection (1)(a) to (e) and (g) as the Official Assignee may determine.
Subject to section 393(3), where a bankruptcy order has been annulled, no person may inspect or have access to any part of any record maintained by the Official Assignee which relates to the bankruptcy order or the annulment of the bankruptcy order.
bankruptcy order
“bankruptcy order” means an order adjudging a debtor bankrupt;
Where an individual’s target contribution was paid in full before the individual’s discharge from bankruptcy, and 5 years have lapsed after the date of discharge, no person (except the individual) may inspect or otherwise have access to —
target contribution
“target contribution” means —(a)an amount equal to —(i)in any case where the bankruptcy is a repeat bankruptcy, 76 payments of monthly contributions determined in accordance with section 339; or(ii)in any other case, 52 payments of monthly contributions determined in accordance with section 339; or(b)if the amount referred to in paragraph (a) is varied by the Court under section 340(5)(a), 341(1) or 343(4)(a) or reduced by the Official Assignee under section 342(1) or 344(3), that amount as varied or reduced, as the case may be.
the part of the list mentioned in subsection (1)(b) relating to the bankruptcy which the individual was discharged from; and
the part of any record mentioned in subsection (1)(c) or (e) relating to the bankruptcy which the individual was discharged from.
Where the question arises as to whether a person is an undischarged bankrupt, a certificate from the Official Assignee stating whether or not that person is an undischarged bankrupt is prima facie evidence of the facts stated in the certificate.
bankrupt
“bankrupt” means —(a)an individual debtor who has been adjudged bankrupt by a bankruptcy order; or(b)where a bankruptcy order has been made against a firm, each of the partners in the firm;