Office of Public Sector Information
SCHEDULE 1 continued
5A.18.—(1) For the purposes of this Rule—
“debtor” means a person subject to a debt relief order, or a debt relief restrictions order or a debt relief restrictions undertaking; and
“current address” means in relation to any debtor the address of his or her current place of residence and any address at which he or she currently carries on business.
(2) This Rule applies in any case where disclosure or continuing disclosure to other persons (whether to the public generally or to specific persons) of the current address or whereabouts of a debtor might reasonably be expected to lead to violence against him or her or against a person who normally resides with him or her as a member of his or her family.
(3) The court may, subject to paragraph (6)—
(a) on the application of a debtor subject to a debt relief order or the official receiver in respect of such a debtor, order that—
(i) the details in respect of the debtor to be entered onto the individual insolvency register under Rule 6A.5A shall not include details of the debtor’s current address; or
(ii) the details of the debtor’s current address kept on the individual insolvency register under Part 6A shall be removed from such register;
(b) on the application of a debtor subject to a debt relief restrictions order or the official receiver in respect of such a debtor, order that—
(i) details of the debtor’s current address shall be removed from any part of the court file of the proceedings in relation to the debtor which is open to inspection and be kept on a separate file not open to inspection;
(ii) the full of title of the proceedings shall be amended by the removal of the details of the debtor’s current address from the description of the debtor;
(iii) the details in respect of the debtor to be entered onto the debt relief restrictions register under Rule 6A.7A shall not include details of the debtor’s current address; or
(iv) the details of the debtor’s current address kept on the debt relief restrictions register under Rule 6A shall be removed from such register;
(c) on the application of a debtor subject to a debt relief restrictions undertaking or the official receiver in respect of such a debtor, order that—
(i) the details of the debtor’s current address shall be excluded from the details in respect of the debtor to be entered onto the debt relief restrictions register under Rule 6A.7A; or
(ii) the details of the debtor’s current address kept on the debt relief restrictions register under Rule 6A shall be removed from such register.
(4) Where the court makes an order under paragraph (3), it may further order that—
(a) the full title of any proceedings; or
(b) the details in respect of the debtor kept on or to be entered onto the registers referred to in that paragraph,
as the case may be, shall instead include such other details of the debtor’s addresses or whereabouts as the court thinks fit, including details of any address at which the debtor has previously resided or carried on business.
(5) Proceedings under this Rule may be ordered by the court to be transferred under Rule 7.11 on the application of the person in respect of whom the application is being made.
(6) In any case where an application is made by a debtor under or by virtue of this Rule, the application shall be accompanied by an affidavit referring to this Rule and containing sufficient evidence to satisfy the court to which the application was made, that this Rule applies to or in respect of that debtor.
5A.19. Where an application is made to the court under section 251M—
(a) by a person who is dissatisfied by any act, omission or decision of the official receiver in connection with a debt relief order or an application for a debt relief order, if the person making the application—
(i) is the debtor, notice of the application to the court must be sent to the official receiver and to any creditor specified in the debt relief order or in the application for a debt relief order; or
(ii) is a person other than the debtor, notice of the application to the court must be sent to the official receiver and to the debtor;
(b) by the official receiver for directions or an order in relation to any matter arising in connection with a debt relief order or an application for such an order, notice of the application must be sent by the official receiver to the debtor and to any person appearing to the official receiver to have an interest in the application.
5A.20. Where the moratorium period applicable to a debt relief order is extended—
(a) notice of the extension, and the period for which it is extended must be sent,
(i) where extended by the court, to the official receiver, who shall send a copy to the debtor subject to the debt relief order and to the creditors specified in it;
(ii) where extended by the official receiver, to the debtor subject to the debt relief order and to the creditors specified in it; and
(b) the official receiver shall cause to be entered in the individual insolvency register that—
(i) such an extension has been made in relation to the debtor;
(ii) the date on which the extension was made;
(iii) its duration; and
(iv) the date of the anticipated end of the moratorium period.
5A.21.—(1) An application to the court by a debtor under section 251M(1) or by the official receiver under section 251M(2) or 251N shall, if the debtor is resident in England and Wales—
(a) be made to the High Court if the debtor has resided or carried on business in the London insolvency district for the greater part of the 6 months immediately preceding the making of the application, or for a longer period in those 6 months than in any other insolvency district, and
(b) in any other case, (subject to paragraph (2)) be made to the debtor’s own county court, which is—
(i) the county court for the insolvency district in which he or she has resided or carried on business for the longest period during those 6 months, or
(ii) if he or she has for the greater part of those 6 months carried on business in one insolvency district and resided in another, the county court for that in which he or she has carried on business, or
(iii) if he or she has during those 6 months carried on business in more than one insolvency district, the county court for that in which is, or has been for the longest period in those 6 months, his or her principal place of business.
(2) If, in a case not falling within paragraph (1)(a), it is more expedient for the debtor with a view to expediting the application—
(a) it may in any case be made to whichever court is specified by Schedule 2 to the Rules as being, in relation to the debtor’s own county court, the nearest full-time court, and
(b) it may alternatively, in a case falling within paragraph (1)(b)(ii), be made to the court for the insolvency district in which he or she has resided for the greater part of the 6 months there referred to.
(3) If the debtor is not resident in England and Wales but has resided or carried on business in England and Wales within the 6 months immediately preceding the making of the application, the application—
(a) shall be made to the High Court if the debtor has resided or carried on business in the London insolvency district for the greater part of those 6 months, or for a longer period in those 6 months than in any other insolvency district, and
(b) in any other case, may (subject to paragraph (4)) be made either to the debtor’s own county court or to the High Court.
(4) The provisions of paragraph (2) shall apply with any appropriate modifications in any case where in accordance with paragraph (3)(b) the application may be made to the debtor’s own county court.
(5) If the debtor is not resident in England and Wales and has not resided or carried on business in England and Wales within the 6 months immediately preceding the making of the application, the application shall be made to the High Court.
(6) The application shall contain sufficient information to establish that it is brought in the appropriate court.
5A.22. If, on the hearing of a debtor’s bankruptcy petition, the court refers the debtor to an approved intermediary under section 274A for the purposes of making an application for a debt relief order, as soon as reasonably practicable after the making of the order of referral—
(a) the court shall send to the debtor a sealed copy of the order of referral, and
(b) the debtor shall send to the approved intermediary a copy of the order and copies of the debtor’s petition and statement of affairs.
5A.23.—(1) This Rule applies where prior to the determination of an application, a creditor’s petition for bankruptcy has been presented against a debtor and the proceedings in relation to that petition remain before the court.
(2) In this Rule,
“the petition” means the creditor’s bankruptcy petition; and
“the debt” means the debt to which the creditor’s bankruptcy petition relates.
(3) If, on the hearing of the petition, the petitioner consents to the making by the debtor of an application for a debt relief order in respect of the debt—
(a) the court shall—
(i) refer the debtor to an approved intermediary (within the meaning of Part 7A) for the purpose of making an application for a debt relief order in relation to the debtor and the debt noting the consent of the creditor on the order for referral;
(ii) stay the proceedings on the petition in relation to the debt on such terms and conditions as it thinks fit; and
(b) the debtor shall send to the approved intermediary as soon as reasonably practicable after the making of the order of referral,
(i) a sealed copy of the order, and
(ii) copies of the petition and (if any), of the creditor’s statutory demand.
(4) The approved intermediary shall, on receipt of the order and the copies, as soon as reasonably practicable after the application for a debt relief order has been made, send them to the official receiver endorsed with the name of the debtor and the number of the application to which they relate.
(5) If, following the reference by the court, a debt relief order is made in relation to the debt, the petition shall be dismissed in relation to it unless the court otherwise directs.
5A.24.—(1) An application by a person—
(a) in relation to whom a moratorium period under a debt relief order applies, or
(b) in respect of whom a debt relief restrictions order or undertaking is in force,
for leave (“the applicant for leave”), under section 11 of the Company Directors Disqualification Act 1986(17), to act as director of, or to take part or be concerned in the promotion, formation or management of a company, shall be supported by an affidavit complying with this Rule.
(2) The affidavit must identify the company and specify—
(a) the nature of its business or intended business, and the place or places where that business is, or is to be, carried on;
(b) whether it is, or is to be, a private or a public company;
(c) the persons who are, or are to be, principally responsible for the conduct of its affairs (whether as directors, shadow directors, managers or otherwise);
(d) the manner and capacity in which the applicant for leave proposes to take part or be concerned in the promotion or formation of the company or, as the case may be, its management; and
(e) the emoluments and other benefits to be obtained from the directorship.
(3) If the company is already in existence, the affidavit must specify the date of its incorporation and the amount of its nominal and issued share capital; and if not, it must specify the amount, or approximate amount, of its proposed commencing share capital, and the sources from which that capital is to be obtained.
(4) Where the applicant for leave intends to take part or be concerned in the promotion or formation of a company, the affidavit must contain an undertaking by the applicant for leave that he or she will, within not less than 7 days of the company being incorporated, file in court a copy of its memorandum of association and certificate of incorporation under section 13 of the Companies Act.
(5) The court shall fix a venue for the hearing of the application, and shall give notice to the applicant for leave accordingly.
5A.25.—(1) The applicant for leave shall, not less than 28 days before the date fixed for the hearing, give to the official receiver, notice of the venue, accompanied by copies of the application and the affidavit under Rule 5A.24.
(2) The official receiver may, not less than 14 days before the date fixed for the hearing, file in court a report of any matters which he considers ought to be drawn to the court’s attention. A copy of the report shall be sent by him, as soon as reasonably practicable after it is filed, to the applicant for leave.
(3) The applicant for leave may, not later than 7 days before the date of the hearing, file in court a notice specifying any statements in the official receiver’s report which he or she intends to deny or dispute.
(4) If he or she gives notice under this paragraph, he or she shall send copies of it, not less than 4 days before the date of the hearing, to the official receiver.
(5) The official receiver may appear on the hearing of the application, and may make representations and put to the applicant for leave such questions as the court may allow.
5A.26.—(1) If the court grants the application for leave under section 11 of the Company Directors Disqualification Act 1986, its order shall specify that which by virtue of the order the applicant has leave to do.
(2) The court may at the same time, having regard to any representations made by the official receiver on the hearing of the application, exercise in relation to the moratorium period or the debt relief order to which the applicant for leave is subject, any power which it has under section 251M.
(3) Whether or not the application is granted, copies of the order shall be sent by the court to the applicant and the official receiver.
5A.27.—(1) This Rule applies where a debtor dies at a time when a moratorium period under a debt relief order applies in relation to him or her.
(2) The official receiver shall, as soon as reasonably practicable after receiving notice of the death of the debtor—
(a) revoke the debt relief order;
(b) cause a note of the fact and the date of the death to be entered on the individual insolvency register under Rule 6A.8; and
(c) send notice of the revocation—
(i) to any creditor specified in the debt relief order as a creditor to whom a qualifying debt is owed, and
(ii) to the personal representatives of the deceased debtor.
(3) In the notice of revocation, the official receiver shall—
(a) identify the debtor;
(b) state the reason for the revocation, and
(c) specify the date on which the revocation took effect.”
1986 c.46. Back [17]
The Insolvency (Amendment) Rules 2009