F1PART 7ADEBT RELIEF ORDERS

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Amendments (Textual)

Role of the High Court

Powers of High Court in relation to debt relief orders208M

1

Any person may make an application to the High Court if he is dissatisfied by any act, omission or decision of the official receiver in connection with a debt relief order or an application for such an order.

2

The official receiver may make an application to the High 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 paragraph (2) include, among other things, matters relating to the debtor's compliance with any duty arising under Article 208J.

4

An application under this Article may, subject to anything in the rules, be made at any time.

5

The High Court may extend the moratorium period applicable to a debt relief order for the purposes of determining an application under this Article.

6

On an application under this Article the High 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 receiver;

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 sub-paragraph (a));

c

make an order for the enforcement of any obligation on the debtor arising by virtue of a duty under Article 208J;

d

extend the moratorium period applicable to the debt relief order;

e

make an order revoking or amending the debt relief order;

f

make an order under Article 208N; or

g

make such other order as the Court thinks fit.

7

An order under paragraph (6)(e) for the revocation of a debt relief order—

a

may be made during the moratorium period applicable to the debt relief order or at any time after that period has ended;

b

may be made on the High Court's own motion if the Court has made a bankruptcy order in relation to the debtor during that period;

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.

8

An order under paragraph (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.