The Insolvency (Amendment) Rules 2009

Amendment to Rule 6A.5

50.  After Rule 6A.5, before the cross-heading for Chapter 3, insert—

“Entry of information onto the individual insolvency register – debt relief orders

6A.5A.— (1) This Rule is subject to Rule 6A.5B.

(2) The official receiver shall cause to be entered onto the individual insolvency register as soon as reasonably practicable after the making of a debt relief order the following information relating to the order or to the debtor in respect of whom it has been made—

(a) as they are stated in the debtor’s application—

(i) the name, gender, occupation (if any) and date of birth of the debtor;

(ii) the debtor’s last known address;

(iii) the name or names in which he carries or has carried on business, if other than his true name; and

(iv) the nature of his business and the address or addresses at which he carries or has carried it on and whether alone or with others;

(b) the date of the making of the debt relief order;

(c) the reference number of the order;

(d) the date of the end of the moratorium period; and

(e) where a bankruptcy order or a debt relief order has been made in the period of six years immediately prior to the date of the latest debt relief order made against the debtor (excluding for these purposes any bankruptcy order that was annulled or any debt relief order that was revoked), the date of whichever is the latest of them.

(3) Provided that information concerning a debt relief order has not been validly deleted under Rule 6A.5B, the official receiver shall also cause to be entered on the register in relation to the order—

(a) where the moratorium period is terminated early, the fact that such has happened, the date of early termination and whether the early termination is on revocation of the debt relief order or by virtue of any other enactment;

(b) where the moratorium period is extended, the fact that such has happened, the date on which the extension was made, its duration and the date of the new anticipated end of the moratorium period; or

(c) where the debtor is discharged from all qualifying debts, the date of such discharge.

Deletion of information from the individual insolvency register – debt relief orders

6A.5B.   The Secretary of State shall delete from the individual insolvency register all information concerning a debt relief order where—

(a) the debt relief order has been revoked, or

(b) the debtor has been discharged from his qualifying debts,

and a period of 3 months has elapsed from the date of revocation or discharge.”.