PART 17

Miscellaneous

Power of Accountant in Bankruptcy to cure defects in procedure
212
1
AiB may make an order—
a
correcting a clerical or incidental error in a document required by or under this Act, or
b
waiving a failure—
i
to comply with a time limit specified by or under this Act, and
ii
for which no provision is made by or under this Act.
2
An order under subsection (1) may be made—
a
on the application of any person having an interest, or
b
without an application if AiB proposes to correct or waive a matter mentioned in that subsection.
3
The applicant must notify all interested persons where an application is made under subsection (2)(a).
4
AiB must notify all interested persons where AiB proposes to make an order by virtue of subsection (2)(b).
5
A notice under subsection (3) or (4) must inform the recipient that the recipient has a right to make representations to AiB in relation to the application or the proposed order within 14 days beginning with the day on which the notice is given.
6
Before making an order under subsection (1), AiB must take into account any representations made by an interested person.
7
An order under subsection (1) may—
a
so far as practicable, restore any person prejudiced by the error or failure to the position that person would have been in but for the error or failure, and
b
impose such conditions, including conditions as to expenses, as AiB thinks fit.
8
After making an order under subsection (1) which affects a matter recorded in the Register of Inhibitions, AiB must without delay send a certified copy of the order to the keeper of that register for recording in that register.
S. 212 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2