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[F1Part 7A E+WDebt relief orders

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

Role of the courtE+W

251NInquiry into debtor's dealings and propertyE+W

(1)An order under this section may be made by the court on the application of the official receiver.

(2)An order under this section is an order summoning any of the following persons to appear before the court—

(a)the debtor;

(b)the debtor's spouse or former spouse or the debtor's civil partner or former civil partner;

(c)any person appearing to the court to be able to give information or assistance concerning the debtor or his dealings, affairs and property.

(3)The court may require a person falling within subsection (2)(c)—

(a)to provide a written account of his dealings with the debtor; or

(b)to produce any documents in his possession or under his control relating to the debtor or to the debtor's dealings, affairs or property.

(4)Subsection (5) applies where a person fails without reasonable excuse to appear before the court when he is summoned to do so by an order under this section.

(5)The court may cause a warrant to be issued to a constable or prescribed officer of the court—

(a)for the arrest of that person, and

(b)for the seizure of any records or other documents in that person's possession.

(6)The court may authorise a person arrested under such a warrant to be kept in custody, and anything seized under such a warrant to be held, in accordance with the rules, until that person is brought before the court under the warrant or until such other time as the court may order.]