|
| |
|
| |
(1) | A county court may make an administration order if the conditions in |
| |
subsections (2) to (7) are met. |
| |
(2) | The order must be made in respect of an individual who is a debtor |
| |
under two or more qualifying debts. |
| 5 |
(3) | That individual (“the debtor”) must not be a debtor under any business |
| |
| |
(4) | The debtor must not be excluded under any of the following— |
| |
| |
(b) | the voluntary arrangement exclusion; |
| 10 |
(c) | the bankruptcy exclusion. |
| |
(5) | The debtor must be unable to pay one or more of his qualifying debts. |
| |
(6) | The total amount of the debtor’s qualifying debts must be less than, or |
| |
the same as, the prescribed maximum. |
| |
(7) | The debtor’s surplus income must be more than the prescribed |
| 15 |
| |
(8) | Before making an administration order, the county court must have |
| |
regard to any representations made— |
| |
(a) | by any person about why the order should not be made, or |
| |
(b) | by a creditor under a debt about why the debt should not be |
| 20 |
taken into account in calculating the total amount of the |
| |
debtor’s qualifying debts. |
| |
| |
112C | Scheduling declared debts |
| |
(1) | This section applies to a qualifying debt (“the declared debt”) if— |
| 25 |
(a) | an administration order is made, and |
| |
(b) | when the order is made, the debt is taken into account in |
| |
calculating the total amount of the debtor’s qualifying debts for |
| |
the purposes of section 112B(6). |
| |
(2) | If the declared debt is already due at the time the administration order |
| 30 |
is made, the proper county court must schedule the debt to the order |
| |
| |
(3) | If the declared debt becomes due after the administration order is |
| |
made, the proper county court must schedule the debt to the order if |
| |
the debtor, or the creditor under the debt, applies to the court for the |
| 35 |
| |
(4) | This section is subject to section 112AG(5). |
| |
112D | Scheduling new debts |
| |
(1) | This section applies to a qualifying debt (“the new debt”) if the debt— |
| |
(a) | arises after an administration order is made, and |
| 40 |
(b) | becomes due during the currency of the order. |
| |
|
| |
|
| |
|
(2) | The proper county court may schedule the new debt to the |
| |
administration order if these conditions are met— |
| |
(a) | the debtor, or the creditor under the new debt, applies to the |
| |
court for the debt to be scheduled; |
| |
(b) | the total amount of the debtor’s qualifying debts (including the |
| 5 |
new debt) is less than, or the same as, the prescribed maximum. |
| |
Requirements imposed by order |
| |
112E | Repayment requirement |
| |
(1) | An administration order must, during the currency of the order, |
| |
impose a repayment requirement on the debtor. |
| 10 |
(2) | A repayment requirement is a requirement for the debtor to repay the |
| |
| |
(3) | The repayment requirement may provide for the debtor to repay a |
| |
particular scheduled debt in full or to some other extent. |
| |
(4) | The repayment requirement may provide for the debtor to repay |
| 15 |
different scheduled debts to different extents. |
| |
(5) | In the case of a new debt scheduled to the order in accordance with |
| |
section 112D, the repayment requirement may provide that no due |
| |
repayment in respect of the new debt is to be made until the debtor has |
| |
made all due repayments in respect of declared debts. |
| 20 |
(6) | The repayment requirement must provide that the due repayments are |
| |
to be made by instalments. |
| |
(7) | It is for the proper county court to decide when the instalments are to |
| |
| |
(8) | But the proper county court is to determine the amount of the |
| 25 |
instalments in accordance with repayment regulations. |
| |
(9) | Repayment regulations are regulations which make provision for |
| |
instalments to be determined by reference to the debtor’s surplus |
| |
| |
(10) | The repayment requirement may provide that the due repayments are |
| 30 |
to be made by other means (including by one or more lump sums) in |
| |
addition to the instalments required in accordance with subsection (6). |
| |
(11) | The repayment requirement may include provision in addition to any |
| |
that is required or permitted by this section. |
| |
| 35 |
“declared debt” has the same meaning as in section 112C (and for |
| |
this purpose it does not matter whether a declared debt is |
| |
scheduled to the administration order when it is made, or |
| |
| |
“due repayments” means repayments which the repayment |
| 40 |
requirement requires the debtor to make; |
| |
“new debt” has the same meaning as in section 112D. |
| |
|
| |
|
| |
|
112F | Presentation of bankruptcy petition |
| |
(1) | An administration order must, during the currency of the order, |
| |
impose the following requirement. |
| |
(2) | The requirement is that no qualifying creditor of the debtor is to present |
| |
a bankruptcy petition against the debtor in respect of a qualifying debt, |
| 5 |
unless the creditor has the permission of the proper county court. |
| |
(3) | The proper county court may give permission for the purposes of |
| |
subsection (2) subject to such conditions as it thinks fit. |
| |
112G | Remedies other than bankruptcy |
| |
(1) | An administration order must, during the currency of the order, |
| 10 |
impose the following requirement. |
| |
(2) | The requirement is that no qualifying creditor of the debtor is to pursue |
| |
any remedy for the recovery of a qualifying debt unless— |
| |
(a) | regulations under subsection (3) provide otherwise, or |
| |
(b) | the creditor has the permission of the proper county court. |
| 15 |
(3) | Regulations may specify classes of debt which are exempted (or |
| |
exempted for specified purposes) from the restriction imposed by |
| |
| |
(4) | The proper county court may give permission for the purposes of |
| |
subsection (2)(b) subject to such conditions as it thinks fit. |
| 20 |
(5) | This section does not have any effect in relation to bankruptcy |
| |
| |
112H | Charging of interest etc |
| |
(1) | An administration order must, during the currency of the order, |
| |
impose the following requirement. |
| 25 |
(2) | The requirement is that no creditor under a scheduled debt is to charge |
| |
any sum by way of interest, fee or other charge in respect of that debt. |
| |
112I | Stopping supplies of gas or electricity |
| |
(1) | An administration order must, during the currency of the order, |
| |
impose the requirement in subsection (3). |
| 30 |
(2) | In relation to that requirement, a domestic utility creditor is any person |
| |
| |
(a) | provides the debtor with a supply of mains gas or mains |
| |
electricity for the debtor’s own domestic purposes, and |
| |
(b) | is a creditor under a qualifying debt that relates to the provision |
| 35 |
| |
(3) | The requirement is that no domestic utility creditor is to stop the supply |
| |
of gas or electricity, or the supply of any associated services, except in |
| |
the cases in subsections (4) to (6). |
| |
(4) | The first case is where the reason for stopping a supply relates to the |
| 40 |
non-payment by the debtor of charges incurred in connection with that |
| |
supply after the making of the administration order. |
| |
|
| |
|
| |
|
(5) | The second case is where the reason for stopping a supply is |
| |
unconnected with the non-payment by the debtor of any charges |
| |
incurred in connection with— |
| |
| |
(b) | any other supply of mains gas or mains electricity, or of |
| 5 |
associated services, that is provided by the domestic utility |
| |
| |
(6) | The third case is where the proper county court gives permission to |
| |
| |
(7) | The proper county court may give permission for the purposes of |
| 10 |
subsection (6) subject to such conditions as it thinks fit. |
| |
(8) | A supply of mains gas is a supply of the kind mentioned in section |
| |
5(1)(b) of the Gas Act 1986 (c. 44). |
| |
(9) | A supply of mains electricity is a supply of the kind mentioned in |
| |
section 4(1)(c) of the Electricity Act 1989 (c. 29). |
| 15 |
| |
112J | Application for an order |
| |
(1) | A county court may make an administration order only on the |
| |
application of the debtor. |
| |
(2) | The debtor may make an application for an administration order |
| 20 |
whether or not a judgment has been obtained against him in respect of |
| |
| |
| |
(1) | A county court may, at the time it makes an administration order, |
| |
specify a day on which the order will cease to have effect. |
| 25 |
(2) | The court may not specify a day which falls after the last day of the |
| |
maximum permitted period. |
| |
(3) | If the court specifies a day under this section, the order ceases to have |
| |
| |
(4) | If the court does not specify a day under this section, the order ceases |
| 30 |
to have effect at the end of the maximum permitted period. |
| |
(5) | The maximum permitted period is the period of five years beginning |
| |
with the day on which the order is made. |
| |
(6) | This section is subject to— |
| |
(a) | section 112S (variation of duration); |
| 35 |
(b) | section 112W (effect of revocation). |
| |
(7) | This section is also subject to the following (effect of enforcement |
| |
restriction order or debt relief order on administration order)— |
| |
(a) | section 117I of this Act; |
| |
(b) | section 251F of the Insolvency Act 1986. |
| 40 |
|
| |
|