F1PART 7ADEBT RELIEF ORDERS
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.
Pt. 7A (arts. 208A-208X) inserted (30.6.2011) by Debt Relief Act (Northern Ireland) 2010 (c. 16), ss. 1(b), 7(1); S.R. 2011/13, art. 2