Tribunals, Courts and Enforcement Act 2007

Prospective

121 Other debt management arrangements in force E+W

(1) This section applies if—

(a) a debt repayment plan is arranged for a debtor in accordance with an approved scheme, and

(b) immediately before the plan is arranged, other debt management arrangements are in force in respect of the debtor.

(2) The plan is not to come into effect unless the other debt management arrangements cease to be in force.

(3) Any provision (whether in the plan or elsewhere) about when the plan is to come into effect is subject to subsection (2).

(4) If the operator of the approved scheme is aware of the other debt management arrangements, the operator must give the relevant authority notice that the plan has been arranged.

(5) In a case where the operator is aware of other debt management arrangements at the time the plan is arranged, it must give the notice as soon as practicable after the plan is arranged.

(6) In a case where the operator becomes aware of those arrangements after the plan is arranged, it must give the notice as soon as practicable after becoming aware of them.

(7) “Other debt management arrangements” means any of the following—

(a) an administration order under Part 6 of the County Courts Act 1984 (c. 28);

(b) an enforcement restriction order under Part 6A of the County Courts Act 1984;

(c) a debt relief order under Part 7A of the Insolvency Act 1986 (c. 45).

(8) “The relevant authority” means—

[F1 (aa) in relation to an administration order or an enforcement restriction order: the county court;]

(c) in relation to a debt relief order: the official receiver.

(9) For the purposes of this section a debt relief order is “in force” if the moratorium applicable to the order under section 251H of the Insolvency Act 1986 has not yet ended.

Textual Amendments

F1 S. 121(8)(aa) substituted for (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 136(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)