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The Insolvency (Amendment) Rules (Northern Ireland) 2011

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Insertion of new Chapters 30, 31 and 32 of Part 6 – debt relief restrictions orders and undertakings

This section has no associated Explanatory Memorandum

10.  At the end of Part 6 insert—

CHAPTER 30DEBT RELIEF RESTRICTIONS ORDER

Interpretation

6.245.  In this Chapter and in Chapter 31—

“Department” includes the official receiver acting in accordance with paragraph 1(2)(b) of Schedule 2ZB to the Order.

Application for debt relief restrictions order

6.246.(1) Where the Department applies to the court for a debt relief restrictions order to be made in relation to a person in respect of whom a debt relief order has been made under paragraph 1 of Schedule 2ZB to the Order, the application must be supported by a report by the Department.

(2) The report must include—

(a)a statement of the conduct by reference to which it is alleged that it is appropriate for a debt relief restrictions order to be made; and

(b)the evidence on which the Department relies in support of the application.

(3) Any evidence in support of an application for a debt relief restrictions order provided by persons other than the Department must be by way of an affidavit.

(4) The hearing date must be no earlier than 8 weeks from the date when the court fixes the venue for the hearing.

Service on the respondent

6.247.(1) The Department must not more than 14 days after the date on which the application is made at court serve notice of the application and the venue fixed by the court on the debtor.

(2) The notice served on the respondent must be accompanied by a copy of the application, together with copies of the report by the Department, any other evidence filed with the court in support of the application, and an acknowledgement of service.

(3) The respondent must not more than 14 days after the date on which the application is served on him file in court an acknowledgement of service of the application indicating whether or not he contests the application.

(4) Where the respondent has failed to file an acknowledgement of service and the time period for doing so has expired, the respondent may attend the hearing of the application but may not take part in the hearing unless the court gives permission.

The debtor’s evidence

6.248.(1) If the debtor wishes to oppose the application, he must within 28 days from the date of service on him of the application and evidence of the Department, file in court any evidence which he wishes the court to take into consideration.

(2) If the debtor files evidence under paragraph (1) of this Rule, he must within 3 business days of filing it at the court, serve a copy of such evidence upon the Department.

(3) The Department must, within 14 days from receiving the copy of the debtor’s evidence, file in court any further evidence in reply it wishes the court to take into consideration and must as soon as reasonably practicable serve a copy of that evidence upon the debtor.

Making a debt relief restrictions order

6.249.(1) The court may make a debt relief restrictions order against the debtor, whether or not the latter appears and whether or not he has filed evidence in accordance with Rule 6.248.

(2) Where the court makes a debt relief restrictions order, it must send two sealed copies to the Department.

(3) As soon as reasonably practicable after receipt of the sealed copies of the order, the Department must send a sealed copy of the order to the debtor.

CHAPTER 31INTERIM DEBT RELIEF RESTRICTIONS ORDER

Application for interim debt relief restrictions order

6.250.(1) Where the Department applies for an interim debt relief restrictions order under paragraph 5 of Schedule 2ZB to the Order, the court must fix a venue for the hearing.

(2) Notice of an application for an interim debt relief restrictions order must be given to the debtor at least 2 business days before the hearing date unless the court directs otherwise.

The case against the debtor

6.251.(1) The Department must file a report in court as evidence in support of any application for an interim debt relief restrictions order.

(2) The report must include evidence of the debtor’s conduct which is alleged to constitute the grounds for the making of an interim debt relief restrictions order and evidence of matters which relate to the public interest in making the order.

(3) Any evidence provided in support of an application for an interim debt relief restrictions order by persons other than the Department must be by way of an affidavit.

Making an interim debt relief restrictions order

6.252.(1) The debtor may file in court any evidence which he wishes the court to take into consideration and may appear at the hearing for an interim debt relief restrictions order.

(2) The court may make an interim debt relief restrictions order against the debtor, whether or not the latter appears, and whether or not he has filed evidence in accordance with paragraph (1) of this Rule.

(3) Where the court makes an interim debt relief restrictions order, it must, as soon as reasonably practicable, send two sealed copies of the order to the Department.

(4) As soon as reasonably practicable after receipt of the sealed copies of the order, the Department must send a sealed copy of the order to the debtor.

Application to set aside an interim debt relief restrictions order

6.253.(1) A person subject to an interim debt relief restrictions order may apply to the court to set the order aside.

(2) An application to set aside an interim debt relief restrictions order must be supported by an affidavit stating the grounds on which the application is made.

(3) Where an application is made under paragraph (1) of this Rule, to set aside an interim debt relief restrictions order, the person making the application must not less than 5 business days before the hearing date send to the Department,—

(a)notice of his application

(b)notice of the venue;

(c)a copy of his application; and

(d)a copy of the supporting affidavit.

(4) The Department may attend the hearing and call the attention of the court to any matters which seem to it to be relevant, and may itself give evidence or call witnesses.

(5) Where the court sets aside an interim debt relief restrictions order it must, as soon as reasonably practicable, send two sealed copies of the order to the Department.

(6) As soon as reasonably practicable after receipt of the sealed copies of the order, the Department must send a sealed copy of the order to the applicant.

CHAPTER 32DEBT RELIEF RESTRICTIONS UNDERTAKING

Acceptance of debt relief restrictions undertaking

6.254.  A debt relief restrictions undertaking signed by a person in relation to whom a debt relief order has been made must be deemed to have been accepted by the Department for the purposes of paragraph 9 of Schedule 2ZB to the Order when the undertaking is signed on behalf of the Department.

Notification

6.255.  As soon as reasonably practicable after a debt relief restrictions undertaking has been accepted by the Department, a copy must be sent to the person who offered the undertaking and to the official receiver.

Application under paragraph 9(3) of Schedule 2ZB to the Order to annul a debt relief restrictions undertaking

6.256.(1) An application under paragraph 9(3)(a) or (b) of Schedule 2ZB to the Order must be supported by an affidavit stating the grounds on which it is made.

(2) The applicant must give notice of the application and the venue, together with a copy of the affidavit supporting his application to the Department at least 28 days before the hearing date.

(3) The Department may attend the hearing and call the attention of the court to any matters which seem to it to be relevant, and may itself give evidence or call witnesses.

(4) The court must send a sealed copy of any order annulling or varying the debt relief restrictions undertaking to the Department and the applicant..

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