The Bankruptcy (Applications and Decisions) (Scotland) Regulations 2016

Inquiries

7.—(1) This regulation applies where in relation to any application required to be on a form under these Regulations (including a review application) or any representation under the Act AiB considers that—

(a) further information is required in relation to the application or representation; or

(b) further evidence is required to substantiate any fact relevant to the application or representation.

(2) AiB may before any date set out in the Act for the decision of AiB specify by notice in writing—

(a) any further information which is to be provided; and

(b) any further evidence which is to be provided,

within 21 days from the date of sending that notice or such shorter period as may be specified in the notice.

(3) Where a notice is given under paragraph (2)—

(a) any time limit set out in the Act for the decision of AiB is extended by the period specified in the notice; and

(b) if the information or evidence specified is provided to AiB, the period allowed for the decision of AiB after the date on which it is provided is the greater of—

(i) the unexpired days before the original time limit would have elapsed (ignoring its extension) after the date on which that notice was given; or

(ii) 7 days.

(4) AiB may refuse to consider an application if, after the expiry of the period specified under paragraph (2), AiB considers that the applicant has provided insufficient information or evidence specified under that paragraph.

(5) Where AiB has set any time limit for the giving of written evidence under these Regulations, AiB must not consider any written evidence which is not given in accordance with those time limits unless satisfied that there is good reason to do so.