|
| |
|
(3) | If on the effective date a creditor to whom a specified qualifying debt |
| |
is owed has any such petition, action or other proceeding as |
| |
mentioned in subsection (2)(b) pending in any court, the court may— |
| |
(a) | stay the proceedings on the petition, action or other |
| |
proceedings (as the case may be), or |
| 5 |
(b) | allow them to continue on such terms as the court thinks fit. |
| |
(4) | In subsection (2)(a) and (b) references to the debt include a reference |
| |
to any interest, penalty or other sum that becomes payable in relation |
| |
to that debt after the application date. |
| |
(5) | Nothing in this section affects the right of a secured creditor of the |
| 10 |
debtor to enforce his security. |
| |
251H | The moratorium period |
| |
(1) | The moratorium relating to the qualifying debts specified in a debt |
| |
relief order continues for the period of one year beginning with the |
| |
effective date for the order, unless— |
| 15 |
(a) | the moratorium terminates early; or |
| |
(b) | the moratorium period is extended by the official receiver |
| |
under this section or by the court under section 251M. |
| |
(2) | The official receiver may only extend the moratorium period for the |
| |
| 20 |
(a) | carrying out or completing an investigation under section |
| |
| |
(b) | taking any action he considers necessary (whether as a result |
| |
of an investigation or otherwise) in relation to the order; or |
| |
(c) | in a case where he has decided to revoke the order, providing |
| 25 |
the debtor with the opportunity to make arrangements for |
| |
making payments towards his debts. |
| |
(3) | The official receiver may not extend the moratorium period for the |
| |
purpose mentioned in subsection (2)(a) without the permission of |
| |
| 30 |
(4) | The official receiver may not extend the moratorium period beyond |
| |
the end of the period of three months beginning after the end of the |
| |
initial period of one year mentioned in subsection (1). |
| |
(5) | The moratorium period may be extended more than once, but any |
| |
extension (whether by the official receiver or by the court) must be |
| 35 |
made before the moratorium would otherwise end. |
| |
(6) | References in this Part to a moratorium terminating early are to its |
| |
terminating before the end of what would otherwise be the |
| |
moratorium period, whether on the revocation of the order or by |
| |
virtue of any other enactment. |
| 40 |
251I | Discharge from qualifying debts |
| |
(1) | Subject as follows, at the end of the moratorium applicable to a debt |
| |
relief order the debtor is discharged from all the qualifying debts |
| |
specified in the order (including all interest, penalties and other |
| |
sums which may have become payable in relation to those debts |
| 45 |
since the application date). |
| |
|
| |
|
| |
|
(2) | Subsection (1) does not apply if the moratorium terminates early. |
| |
(3) | Subsection (1) does not apply in relation to any qualifying debt |
| |
which the debtor incurred in respect of any fraud or fraudulent |
| |
breach of trust to which the debtor was a party. |
| |
(4) | The discharge of the debtor under subsection (1) does not release any |
| 5 |
| |
(a) | any liability (whether as partner or co-trustee of the debtor or |
| |
otherwise) from which the debtor is released by the |
| |
| |
(b) | any liability as surety for the debtor or as a person in the |
| 10 |
| |
(5) | If the order is revoked by the court under section 251M after the end |
| |
of the moratorium period, the qualifying debts specified in the order |
| |
shall (so far as practicable) be treated as though subsection (1) had |
| |
| 15 |
| |
251J | Providing assistance to official receiver etc |
| |
(1) | The duties in this section apply to a debtor at any time after the |
| |
making of an application by him for a debt relief order. |
| |
| 20 |
(a) | give to the official receiver such information as to his affairs, |
| |
(b) | attend on the official receiver at such times, and |
| |
(c) | do all such other things, |
| |
| as the official receiver may reasonably require for the purpose of |
| |
carrying out his functions in relation to the application or, as the case |
| 25 |
may be, the debt relief order made as a result of the application. |
| |
(3) | The debtor must notify the official receiver as soon as reasonably |
| |
practicable if he becomes aware of— |
| |
(a) | any error in, or omission from, the information supplied to |
| |
the official receiver in, or in support of, the application; |
| 30 |
(b) | any change in his circumstances between the application date |
| |
and the determination date that would affect (or would have |
| |
affected) the determination of the application. |
| |
(4) | The duties under subsections (2) and (3) apply after (as well as |
| |
before) the determination of the application, for as long as the official |
| 35 |
receiver is able to exercise functions of the kind mentioned in |
| |
| |
(5) | If a debt relief order is made as a result of the application, the debtor |
| |
must notify the official receiver as soon as reasonably practicable if— |
| |
(a) | there is an increase in his income during the moratorium |
| 40 |
period applicable to the order; |
| |
(b) | he acquires any property or any property is devolved upon |
| |
| |
(c) | he becomes aware of any error in or omission from any |
| |
information supplied by him to the official receiver after the |
| 45 |
| |
|
| |
|
| |
|
(6) | A notification under subsection (3) or (5) must give the prescribed |
| |
particulars (if any) of the matter being notified. |
| |
Objections, investigations and revocation |
| |
251K | Objections and investigations |
| |
(1) | Any person specified in a debt relief order as a creditor to whom a |
| 5 |
specified qualifying debt is owed may object to— |
| |
(a) | the making of the order; |
| |
(b) | the inclusion of the debt in the list of the debtor’s qualifying |
| |
| |
(c) | the details of the debt specified in the order. |
| 10 |
(2) | An objection under subsection (1) must be— |
| |
(a) | made during the moratorium period relating to the order and |
| |
within the prescribed period for objections; |
| |
(b) | made to the official receiver in the prescribed manner; |
| |
(c) | based on a prescribed ground; |
| 15 |
(d) | supported by any information and documents as may be |
| |
| |
| and the prescribed period mentioned in paragraph (a) must not be |
| |
less than 28 days after the creditor in question has been notified of |
| |
| 20 |
(3) | The official receiver must consider every objection made to him |
| |
| |
(4) | The official receiver may— |
| |
(a) | as part of his consideration of an objection, or |
| |
(b) | on his own initiative, |
| 25 |
| carry out an investigation of any matter that appears to the official |
| |
receiver to be relevant to the making of any decision mentioned in |
| |
subsection (5) in relation to a debt relief order or the debtor. |
| |
(5) | The decisions to which an investigation may be directed are— |
| |
(a) | whether the order should be revoked or amended under |
| 30 |
| |
(b) | whether an application should be made to the court under |
| |
| |
(c) | whether any other steps should be taken in relation to the |
| |
| 35 |
(6) | The power to carry out an investigation under this section is |
| |
exercisable after (as well as during) the moratorium relating to the |
| |
| |
(7) | The official receiver may require any person to give him such |
| |
information and assistance as he may reasonably require in |
| 40 |
connection with an investigation under this section. |
| |
(8) | Subject to anything prescribed in the rules as to the procedure to be |
| |
followed in carrying out an investigation under this section, an |
| |
investigation may be carried out by the official receiver in such |
| |
| 45 |
|
| |
|
| |
|
251L | Power of official receiver to revoke or amend a debt relief order |
| |
(1) | The official receiver may revoke or amend a debt relief order during |
| |
the applicable moratorium period in the circumstances provided for |
| |
| |
(2) | The official receiver may revoke the order on the ground that— |
| 5 |
(a) | any information supplied to him by the debtor— |
| |
(i) | in, or in support of, the application, or |
| |
(ii) | after the determination date, |
| |
| was incomplete, incorrect or otherwise misleading; |
| |
(b) | the debtor has failed to comply with a duty under section |
| 10 |
| |
(c) | a bankruptcy order has been made in relation to the debtor; |
| |
| |
(d) | the debtor has made a proposal under Part 8 (or has notified |
| |
the official receiver of his intention to do so). |
| 15 |
(3) | The official receiver may revoke the order on the ground that he |
| |
should not have been satisfied— |
| |
(a) | that the debts specified in the order were qualifying debts of |
| |
the debtor as at the application date; |
| |
(b) | that the conditions specified in Part 1 of Schedule 4ZA were |
| 20 |
| |
(c) | that the conditions specified in Part 2 of that Schedule were |
| |
met or that any failure to meet such a condition did not |
| |
prevent his making the order. |
| |
(4) | The official receiver may revoke the order on the ground that either |
| 25 |
or both of the conditions in paragraphs 7 and 8 of Schedule 4ZA |
| |
(monthly surplus income and property) are not met at any time after |
| |
| |
| For this purpose those paragraphs are to be read as if references to |
| |
the determination date were references to the time in question. |
| 30 |
(5) | Where the official receiver decides to revoke the order, he may |
| |
| |
(a) | with immediate effect, or |
| |
(b) | with effect from such date (not more than three months after |
| |
the date of the decision) as he may specify. |
| 35 |
(6) | In considering when the revocation should take effect the official |
| |
receiver must consider (in the light of the grounds on which the |
| |
decision to revoke was made and all the other circumstances of the |
| |
case) whether the debtor ought to be given the opportunity to make |
| |
arrangements for making payments towards his debts. |
| 40 |
(7) | If the order has been revoked with effect from a specified date the |
| |
official receiver may, if he thinks it appropriate to do so at any time |
| |
before that date, revoke the order with immediate effect. |
| |
(8) | The official receiver may amend a debt relief order for the purpose of |
| |
correcting an error in or omission from anything specified in the |
| 45 |
| |
|
| |
|
| |
|
(9) | But subsection (8) does not permit the official receiver to add any |
| |
debts that were not specified in the application for the debt relief |
| |
order to the list of qualifying debts. |
| |
(10) | The rules may make further provision as to the procedure to be |
| |
followed by the official receiver in the exercise of his powers under |
| 5 |
| |
| |
251M | Powers of court in relation to debt relief orders |
| |
(1) | Any person may make an application to the court if he is dissatisfied |
| |
by any act, omission or decision of the official receiver in connection |
| 10 |
with a debt relief order or an application for such an order. |
| |
(2) | The official receiver may make an application to the court for |
| |
directions or an order in relation to any matter arising in connection |
| |
with a debt relief order or an application for such an order. |
| |
(3) | The matters referred to in subsection (2) include, among other things, |
| 15 |
matters relating to the debtor’s compliance with any duty arising |
| |
| |
(4) | An application under this section may, subject to anything in the |
| |
rules, be made at any time. |
| |
(5) | The court may extend the moratorium period applicable to a debt |
| 20 |
relief order for the purposes of determining an application under this |
| |
| |
(6) | On an application under this section the court may dismiss the |
| |
application or do one or more of the following— |
| |
(a) | quash the whole or part of any act or decision of the official |
| 25 |
| |
(b) | give the official receiver directions (including a direction that |
| |
he reconsider any matter in relation to which his act or |
| |
decision has been quashed under paragraph (a)); |
| |
(c) | make an order for the enforcement of any obligation on the |
| 30 |
debtor arising by virtue of a duty under section 251J; |
| |
(d) | extend the moratorium period applicable to the debt relief |
| |
| |
(e) | make an order revoking or amending the debt relief order; |
| |
(f) | make an order under section 251N; or |
| 35 |
(g) | make such other order as the court thinks fit. |
| |
(7) | An order under subsection (6)(e) for the revocation of a debt relief |
| |
| |
(a) | may be made during the moratorium period applicable to the |
| |
debt relief order or at any time after that period has ended; |
| 40 |
(b) | may be made on the court’s own motion if the court has made |
| |
a bankruptcy order in relation to the debtor during that |
| |
| |
(c) | may provide for the revocation of the order to take effect on |
| |
such terms and at such a time as the court may specify. |
| 45 |
|
| |
|
| |
|
(8) | An order under subsection (6)(e) for the amendment of a debt relief |
| |
order may not add any debts that were not specified in the |
| |
application for the debt relief order to the list of qualifying debts. |
| |
251N | Inquiry into debtor’s dealings and property |
| |
(1) | An order under this section may be made by the court on the |
| 5 |
application of the official receiver. |
| |
(2) | An order under this section is an order summoning any of the |
| |
following persons to appear before the court— |
| |
| |
(b) | the debtor’s spouse or former spouse or the debtor’s civil |
| 10 |
partner or former civil partner; |
| |
(c) | any person appearing to the court to be able to give |
| |
information or assistance concerning the debtor or his |
| |
dealings, affairs and property. |
| |
(3) | The court may require a person falling within subsection (2)(c)— |
| 15 |
(a) | to provide a written account of his dealings with the debtor; |
| |
| |
(b) | to produce any documents in his possession or under his |
| |
control relating to the debtor or to the debtor’s dealings, |
| |
| 20 |
(4) | Subsection (5) applies where a person fails without reasonable |
| |
excuse to appear before the court when he is summoned to do so by |
| |
an order under this section. |
| |
(5) | The court may cause a warrant to be issued to a constable or |
| |
prescribed officer of the court— |
| 25 |
(a) | for the arrest of that person, and |
| |
(b) | for the seizure of any records or other documents in that |
| |
| |
(6) | The court may authorise a person arrested under such a warrant to |
| |
be kept in custody, and anything seized under such a warrant to be |
| 30 |
held, in accordance with the rules, until that person is brought before |
| |
the court under the warrant or until such other time as the court may |
| |
| |
| |
251O | False representations and omissions |
| 35 |
(1) | A person who makes an application for a debt relief order is guilty of |
| |
an offence if he knowingly or recklessly makes any false |
| |
representation or omission in making the application or providing |
| |
any information or documents to the official receiver in support of |
| |
| 40 |
(2) | A person who makes an application for a debt relief order is guilty of |
| |
| |
(a) | he intentionally fails to comply with a duty under section |
| |
251J(3) in connection with the application; or |
| |
|
| |
|
| |
|
(b) | he knowingly or recklessly makes any false representation or |
| |
omission in providing any information to the official receiver |
| |
in connection with such a duty or otherwise in connection |
| |
| |
(3) | It is immaterial for the purposes of an offence under subsection (1) or |
| 5 |
(2) whether or not a debt relief order is made as a result of the |
| |
| |
(4) | A person in respect of whom a debt relief order is made is guilty of |
| |
| |
(a) | he intentionally fails to comply with a duty under section |
| 10 |
251J(5) in connection with the order; or |
| |
(b) | he knowingly or recklessly makes any false representation or |
| |
omission in providing information to the official receiver in |
| |
connection with such a duty or otherwise in connection with |
| |
the performance by the official receiver of functions in |
| 15 |
| |
(5) | It is immaterial for the purposes of an offence under subsection (4)— |
| |
(a) | whether the offence is committed during or after the |
| |
| |
(b) | whether or not the order is revoked after the conduct |
| 20 |
constituting the offence takes place. |
| |
251P | Concealment or falsification of documents |
| |
(1) | A person in respect of whom a debt relief order is made is guilty of |
| |
an offence if, during the moratorium period in relation to that |
| |
| 25 |
(a) | he does not provide, at the request of the official receiver, all |
| |
his books, papers and other records of which he has |
| |
possession or control and which relate to his affairs; |
| |
(b) | he prevents the production to the official receiver of any |
| |
books, papers or other records relating to his affairs; |
| 30 |
(c) | he conceals, destroys, mutilates or falsifies, or causes or |
| |
permits the concealment, destruction, mutilation or |
| |
falsification of, any books, papers or other records relating |
| |
| |
(d) | he makes, or causes or permits the making of, any false |
| 35 |
entries in any book, document or record relating to his affairs; |
| |
| |
(e) | he disposes of, or alters or makes any omission in, or causes |
| |
or permits the disposal, altering or making of any omission |
| |
in, any book, document or record relating to his affairs. |
| 40 |
(2) | A person in respect of whom a debt relief order is made is guilty of |
| |
| |
(a) | he did anything falling within paragraphs (c) to (e) of |
| |
subsection (1) during the period of 12 months ending with |
| |
| 45 |
(b) | he did anything falling within paragraphs (b) to (e) of |
| |
subsection (1) after that date but before the effective date. |
| |
|
| |
|