THE SECOND GROUP OF PARTS

PART 6 BANKRUPTCY

CHAPTER 16 INCOME PAYMENTS ORDERS

6.193 Review of order
1 Where an income payments order is in force, either the trustee or the bankrupt may apply to the court for the order to be varied or discharged.
2 If the application is made by the trustee, Rule 6.189 applies (with any necessary modification) as in the case of an application for an income payments order.
3 If the application is made by the bankrupt, it shall be accompanied by a short statement of the grounds on which it is made.
4 The court may, if it thinks that no sufficient cause is shown for the application, dismiss it; but it shall not do so unless the applicant has had an opportunity to attend the court for an ex parte hearing, of which he has been given at least 7 days' notice.
If the application is not dismissed under this paragraph, the court shall fix a venue for it to be heard.
5 At least 28 days before the date fixed for the hearing, the applicant shall send to the trustee or the bankrupt (whichever of them is not himself the applicant) notice of the venue, accompanied by a copy of the application.
Where the applicant is the bankrupt, the notice shall be accompanied by a copy of the statement of grounds under paragraph (3).
6 The trustee may, if he thinks fit, appear and be heard on the application; and, whether or not he intends to appear, he may, not less than 7 days before the date fixed for the hearing, file a written report of any matters which he considers ought to be drawn to the court's attention.
If such a report is filed, a copy of it shall be sent by the trustee to the bankrupt.
7 Sealed copies of any order made on the application shall, forthwith after the order is made, be sent by the court to the trustee, the bankrupt and the payor (if other than the bankrupt).
[FORM 6.66]