Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee and Remaining Stages
Seanad Éireann — 2023-06-21
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James Browne (FF), Wexford

Amendment No. 16 is a technical amendment proposed on the advice of the Office of the Attorney General and the Chief State Solicitor's Office to correct an inconsistency in the wording of section 32 of the 2006 Act, with sections 44 and 46 of the Bankruptcy Act 1988. Under sections 44 and 48 of the Bankruptcy Act 1988, when a person is adjudicated as bankrupt, the High Court adjudication order vests their property in the official signee in the bankruptcy. The court then issues a certificate of vesting, which is registered by the official assignee in the Land Registry and Registry of Deeds, now Tailte Éireann, to protect the property against leapfrog claims by creditors or from fraudulent transactions. Section 32 (1)(e) of the Registration of Deeds and Title Act 2006 describes the certificate as one which vests the property in the official assignee. It is the High Court adjudication order that vests a property and a certificate is merely evidence of the vesting provided for registration purposes. The amendment, therefore, corrects the wording of section 32(1)(e) to be consistent with sections 44 and 46 of the Bankruptcy Act 1988.
Amendment No. 21 updates the Long Title.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2023-06-21/debate/main
Retrieved: 2026-08-14T04:52:02+00:00
Sitting date: 2023-06-21