C2C3C4C5 Part VIII Individual Voluntary Arrangements
Pt. VIII (ss. 252-263) restricted (6.4.1996 for the purpose only of authorising the making of regulations) by 1995 c. 26, ss. 91(3), 180(1) (with s. 121(5)); S.I. 1996/778, art. 2(5)(a). Sch. Pt. V
Pt. VIII (ss. 252–263) applied with modifications by S.I. 1986/2142, arts. 1(2), 11, 13(3), 15
Second Group of Parts (Pts. 8-11) modified (31.12.1996) by 1991 c. 57, Sch. 10 (as substituted by 1995 c. 25, s. 120(1), Sch. 22 para. 183 (with ss. 7(6), 115, 117); S.I. 1996/2909, art. 3)
Second Group of Parts (Pts. 8-11) modified (11.11.1999 for specified purposes and 6.4.2002 otherwise) by 1999 c. 30, s. 12(1); S.I. 2002/153, art. 2(b)
Moratorium for insolvent debtor
C1C6253 Application for interim order.
1
Application to the court for an interim order may be made where the debtor intends to make a proposal F1under this Part, that is, a proposalto his creditors for a composition in satisfaction of his debts or a scheme of arrangement of his affairs (from here on referred to, in either case, as a “voluntary arrangement”).
2
The proposal must provide for some person (“the nominee”) to act in relation to the voluntary arrangement either as trustee or otherwise for the purpose of supervising its implementation F2and the nominee must be a person who is qualified to act as an insolvency practitioner, or authorised to act as nominee, in relation to the voluntary arrangement.
3
Subject as follows, the application may be made—
a
if the debtor is an undischarged bankrupt, by the debtor, the trustee of his estate, or the official receiver, and
b
in any other case, by the debtor.
4
An application shall not be made under subsection (3)(a) unless the debtor has given notice of F3the proposal to the official receiver and, if there is one, the trustee of his estate.
F45
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. VIII (ss. 252-263) applied (with modifications) (1.12.1994) by S.I. 1994/2421, art. 5