Office of Public Sector Information
SCHEDULE 17 continued
(2) A person in respect of whom a debt relief order is made is guilty of an offence if—
(a) he did anything falling within paragraphs (c) to (e) of subsection (1) during the period of 12 months ending with the application date; or
(b) he did anything falling within paragraphs (b) to (e) of subsection (1) after that date but before the effective date.
(3) A person is not guilty of an offence under this section if he proves that, in respect of the conduct constituting the offence, he had no intent to defraud or to conceal the state of his affairs.
(4) In its application to a trading record subsection (2)(a) has effect as if the reference to 12 months were a reference to two years.
(5) In subsection (4) “trading record” means a book, document or record which shows or explains the transactions or financial position of a person’s business, including—
(a) a periodic record of cash paid and received,
(b) a statement of periodic stock-taking, and
(c) except in the case of goods sold by way of retail trade, a record of goods sold and purchased which identifies the buyer and seller or enables them to be identified.
(6) It is immaterial for the purposes of an offence under this section whether or not the debt relief order in question is revoked after the conduct constituting the offence takes place (but no offence is committed under this section by virtue of conduct occurring after the order is revoked).
(1) A person in respect of whom a debt relief order is made is guilty of an offence if he made or caused to be made any gift or transfer of his property during the period between—
(a) the start of the period of two years ending with the application date; and
(b) the end of the moratorium period.
(2) The reference in subsection (1) to making a transfer of any property includes causing or conniving at the levying of any execution against that property.
(3) A person is not guilty of an offence under this section if he proves that, in respect of the conduct constituting the offence, he had no intent to defraud or to conceal the state of his affairs.
(4) For the purposes of subsection (3) a person is to be taken to have proved that he had no such intent if—
(a) sufficient evidence is adduced to raise an issue as to whether he had such intent; and
(b) the contrary is not proved beyond reasonable doubt.
(5) It is immaterial for the purposes of this section whether or not the debt relief order in question is revoked after the conduct constituting an offence takes place (but no offence is committed by virtue of conduct occurring after the order is revoked).
(1) A person in respect of whom a debt relief order is made is guilty of an offence if during the relevant period he disposed of any property which he had obtained on credit and, at the time he disposed of it, had not paid for it.
(2) Any other person is guilty of an offence if during the relevant period he acquired or received property from a person in respect of whom a debt relief order was made (the “debtor”) knowing or believing—
(a) that the debtor owed money in respect of the property, and
(b) that the debtor did not intend, or was unlikely to be able, to pay the money he so owed.
(3) In subsections (1) and (2) “relevant period” means the period between—
(a) the start of the period of two years ending with the application date; and
(b) the determination date.
(4) A person is not guilty of an offence under subsection (1) or (2) if the disposal, acquisition or receipt of the property was in the ordinary course of a business carried on by the debtor at the time of the disposal, acquisition or receipt.
(5) In determining for the purposes of subsection (4) whether any property is disposed of, acquired or received in the ordinary course of a business carried on by the debtor, regard may be had, in particular, to the price paid for the property.
(6) A person is not guilty of an offence under subsection (1) if he proves that, in respect of the conduct constituting the offence, he had no intent to defraud or to conceal the state of his affairs.
(7) In this section references to disposing of property include pawning or pledging it; and references to acquiring or receiving property shall be read accordingly.
(8) It is immaterial for the purposes of this section whether or not the debt relief order in question is revoked after the conduct constituting an offence takes place (but no offence is committed by virtue of conduct occurring after the order is revoked).
(1) A person in respect of whom a debt relief order is made is guilty of an offence if, during the relevant period—
(a) he obtains credit (either alone or jointly with any other person) without giving the person from whom he obtains the credit the relevant information about his status; or
(b) he engages directly or indirectly in any business under a name other than that in which the order was made without disclosing to all persons with whom he enters into any business transaction the name in which the order was made.
(2) For the purposes of subsection (1)(a) the relevant information about a person’s status is the information that—
(a) a moratorium is in force in relation to the debt relief order,
(b) a debt relief restrictions order is in force in respect of him, or
(c) both a moratorium and a debt relief restrictions order is in force,
as the case may be.
(3) In subsection (1) “relevant period” means—
(a) the moratorium period relating to the debt relief order, or
(b) the period for which a debt relief restrictions order is in force in respect of the person in respect of whom the debt relief order is made,
as the case may be.
(4) Subsection (1)(a) does not apply if the amount of the credit is less than the prescribed amount (if any).
(5) The reference in subsection (1)(a) to a person obtaining credit includes the following cases—
(a) where goods are bailed to him under a hire-purchase agreement, or agreed to be sold to him under a conditional sale agreement;
(b) where he is paid in advance (in money or otherwise) for the supply of goods or services.
(1) Proceedings for an offence under this Part may only be instituted by the Secretary of State or by or with the consent of the Director of Public Prosecutions.
(2) It is not a defence in proceedings for an offence under this Part that anything relied on, in whole or in part, as constituting the offence was done outside England and Wales.
(3) A person guilty of an offence under this Part is liable to imprisonment or a fine, or both (but see section 430).
(1) In this Part “approved intermediary” means an individual for the time being approved by a competent authority to act as an intermediary between a person wishing to make an application for a debt relief order and the official receiver.
(2) In this section “competent authority” means a person or body for the time being designated by the Secretary of State for the purposes of granting approvals under this section.
(3) Designation as a competent authority may be limited so as to permit the authority only to approve persons of a particular description.
(4) The Secretary of State may by regulations make provision as to—
(a) the procedure for designating persons or bodies as competent authorities;
(b) descriptions of individuals who are ineligible to be approved under this section;
(c) the procedure for granting approvals under this section;
(d) the withdrawal of designations or approvals under this section;
and provision made under paragraph (a) or (c) may include provision requiring the payment of fees.
(5) The rules may make provision about the activities to be carried out by an approved intermediary in connection with an application for a debt relief order, which may in particular include—
(a) assisting the debtor in making the application;
(b) checking that the application has been properly completed;
(c) sending the application to the official receiver.
(6) The rules may also make provision about other activities to be carried out by approved intermediaries.
(7) An approved intermediary may not charge a debtor any fee in connection with an application for a debt relief order.
(8) An approved intermediary is not liable to any person in damages for anything done or omitted to be done when acting (or purporting to act) as an approved intermediary in connection with a particular application by a debtor for a debt relief order.
(9) Subsection (8) does not apply if the act or omission was in bad faith.
(10) Regulations under subsection (4) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Schedule 4ZB (which makes provision about debt relief restrictions orders and debt relief restrictions undertakings) has effect.
The Secretary of State must maintain a register of matters relating to—
(a) debt relief orders;
(b) debt relief restrictions orders; and
(c) debt relief restrictions undertakings.
(1) In this Part—
“the application date”, in relation to a debt relief order or an application for a debt relief order, means the date on which the application for the order is made to the official receiver;
“approved intermediary” has the meaning given in section 251U(1);
“debt relief order” means an order made by the official receiver under this Part;
“debtor” means—
in relation to an application for a debt relief order, the applicant; and
in relation to a debt relief order, the person in relation to whom the order is made;
“debt relief restrictions order” and “debt relief restrictions undertaking” means an order made, or an undertaking accepted, under Schedule 4ZB;
“the determination date”, in relation to a debt relief order or an application for a debt relief order, means the date on which the application for the order is determined by the official receiver;
“the effective date” has the meaning given in section 251E(7);
“excluded debt” is to be construed in accordance with section 251A;
“moratorium” and “moratorium period” are to be construed in accordance with sections 251G and 251H;
“qualifying debt”, in relation to a debtor, has the meaning given in section 251A(2);
“the register” means the register maintained under section 251W;
“specified qualifying debt” has the meaning given in section 251G(1).
(2) In this Part references to a creditor specified in a debt relief order as the person to whom a qualifying debt is owed by the debtor include a reference to any person to whom the right to claim the whole or any part of the debt has passed, by assignment or operation of law, after the date of the application for the order.”
Tribunals, Courts and Enforcement Act 2007