Rules 6.3, 6.5, 6.11 and 6.256

1

Rules 6.3 (requirements as to service), 6.5 (hearing of application to set aside), 6.11, (proof of service of statutory demand) and 6.25 (decision on the hearing) apply as if—

a

references to the debtor were references to an individual;

b

references (other than in rule 6.5(2) and (4)(c)) to the creditor were references to the Authority; and

c

references to the creditor in rule 6.5(2) and (4)(c) were references to the person to whom the debt is owed.

2

Rule 6.5(2) applies as if the reference to the creditor also included a reference to the Authority.

3

Rule 6.5(5) is disapplied and there is substituted the following—

  • “Where the person to whom the debt is owed holds some security in respect of his debt, and rule 4(4) of the Bankruptcy (Financial Services and Markets Act 2000) Rules 2001 is complied with in respect of it but the court is satisfied that the security is undervalued in the demand, the Authority may be required to amend the demand accordingly (but without prejudice to its right to present a bankruptcy by reference to the original demand).”