Chwilio Deddfwriaeth

Insolvency Act 1986

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau AgorExpand opening options

Changes over time for: Section 251C

 Help about opening options

Alternative versions:

Status:

Point in time view as at 17/03/2011.

Changes to legislation:

Insolvency Act 1986, Section 251C is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F1251CDuty of official receiver to consider and determine applicationE+W

(1)This section applies where an application for a debt relief order is made.

(2)The official receiver may stay consideration of the application until he has received answers to any queries raised with the debtor in relation to anything connected with the application.

(3)The official receiver must determine the application by—

(a)deciding whether to refuse the application;

(b)if he does not refuse it, by making a debt relief order in relation to the specified debts he is satisfied were qualifying debts of the debtor at the application date;

but he may only refuse the application if he is authorised or required to do so by any of the following provisions of this section.

(4)The official receiver may refuse the application if he considers that—

(a)the application does not meet all the requirements imposed by or under section 251B;

(b)any queries raised with the debtor have not been answered to the satisfaction of the official receiver within such time as he may specify when they are raised;

(c)the debtor has made any false representation or omission in making the application or on supplying any information or documents in support of it.

(5)The official receiver must refuse the application if he is not satisfied that—

(a)the debtor is an individual who is unable to pay his debts;

(b)at least one of the specified debts was a qualifying debt of the debtor at the application date;

(c)each of the conditions set out in Part 1 of Schedule 4ZA is met.

(6)The official receiver may refuse the application if he is not satisfied that each condition specified in Part 2 of Schedule 4ZA is met.

(7)If the official receiver refuses an application he must give reasons for his refusal to the debtor in the prescribed manner.

(8)In this section “specified debt” means a debt specified in the application.]

Textual Amendments

F1Pt. 7A inserted (24.2.2009 for certain purposes otherwise 6.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 108(1), 148(5), Sch. 17; S.I. 2009/382, art. 2

Yn ôl i’r brig

Options/Cymorth

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?