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The Insolvency (England and Wales) Rules 2016

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Changes over time for: Section 9

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Point in time view as at 01/10/2021.

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Role of approved intermediaryE+W

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9.5.—(1) The approved intermediary, through whom the application for a debt relief order is to be made, must create an application for a debt relief order in the name of the debtor as soon as reasonably practicable after being asked by the debtor to do so.

(2) The approved intermediary may assist the debtor—

(a)to identify what information is required to complete the application;

(b)based upon the documentation and information supplied by the debtor, to ascertain whether—

(i)the debtor appears to have debts not exceeding the prescribed amount,

(ii)the debtor's surplus income does not exceed the prescribed amount, and

(iii)the value of the debtor's property does not exceed the prescribed amount; and

(c)to ensure that the application (if made) is completed in full.

(3) The approved intermediary must draw the debtor's attention to—

(a)all the conditions to which an application for, and the making of, a debt relief order is subject;

(b)the possible consequences of the debtor making any false representation or omission in the application; and

(c)the fact that verification checks will be made for the purpose of verifying that the debtor complies with the conditions to which the making of a debt relief order is subject and the requirement for the debtor to consent to such checks being made.

(4) The approved intermediary must deliver the application to the official receiver as soon as reasonably practicable after being instructed by the debtor to do so.

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