- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Debt Relief Act (Northern Ireland) 2010, Section 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
2 After Schedule 2 to the Order of 1989 (powers of liquidator in a winding up) insert—
1—(1) The debtor—
(a)is domiciled in Northern Ireland on the application date; or
(b)at any time in the 3 years immediately preceding that date—
(i)was ordinarily resident, or had a place of residence, in Northern Ireland; or
(ii)carried on business in Northern Ireland.
(2) The reference in sub-paragraph (1)(b)(ii) to the debtor carrying on business includes—
(a)the carrying on of business by a firm or partnership of which he is a member;
(b)the carrying on of business by an agent or manager for him or for such a firm or partnership.
2 The debtor is not, on the determination date—
(a)an undischarged bankrupt;
(b)subject to an interim order or voluntary arrangement under Chapter 2 of Part 8; or
(c)subject to a bankruptcy restrictions order or a debt relief restrictions order.
3 A debtor's petition for the debtor's bankruptcy under Part 9—
(a)has not been presented by the debtor before the determination date;
(b)has been so presented, but proceedings on the petition have been finally disposed of before that date; or
(c)has been so presented and proceedings in relation to the petition remain before the High Court at that date, but the Court has referred the debtor under Article 248A(2) for the purposes of making an application for a debt relief order.
4 A creditor's petition for the debtor's bankruptcy under Part 9—
(a)has not been presented against the debtor at any time before the determination date;
(b)has been so presented, but proceedings on the petition have been finally disposed of before that date; or
(c)has been so presented and proceedings in relation to the petition remain before the Court at that date, but the person who presented the petition has consented to the making of an application for a debt relief order.
5 A debt relief order has not been made in relation to the debtor in the period of 6 years ending with the determination date.
6—(1) The total amount of the debtor's debts on the determination date, other than unliquidated debts and excluded debts, does not exceed the amount specified by order under Article 362(1)(b).
(2) For this purpose an unliquidated debt is a debt that is not for a liquidated sum payable to a creditor either immediately or at some future certain time.
7—(1) The debtor's monthly surplus income (if any) on the determination date does not exceed the amount specified by order under Article 362(1)(b).
(2) For this purpose “monthly surplus income” is the amount by which a person's monthly income exceeds the amount necessary for the reasonable domestic needs of himself and his family.
(3) The rules may—
(a)make provision as to how the debtor's monthly surplus income is to be determined;
(b)provide that particular descriptions of income are to be excluded for the purposes of this paragraph.
8—(1) The total value of the debtor's property on the determination date does not exceed the amount specified by order under Article 362(1)(b).
(2) The rules may—
(a)make provision as to how the value of a person's property is to be determined;
(b)provide that particular descriptions of property are to be excluded for the purposes of this paragraph.
9—(1) The debtor has not entered into a transaction with any person at an undervalue during the period between—
(a)the start of the period of 2 years ending with the application date; and
(b)the determination date.
(2) For this purpose a debtor enters into a transaction with a person at an undervalue if—
(a)he makes a gift to that person or he otherwise enters into a transaction with that person on terms that provide for him to receive no consideration;
(b)he enters into a transaction with that person in consideration of marriage or the formation of a civil partnership; or
(c)he enters into a transaction with that person for a consideration the value of which, in money or money's worth, is significantly less than the value, in money or money's worth, of the consideration provided by the individual.
10—(1) The debtor has not given a preference to any person during the period between—
(a)the start of the period of 2 years ending with the application date; and
(b)the determination date.
(2) For this purpose a debtor gives a preference to a person if—
(a)that person is one of the debtor's creditors to whom a qualifying debt is owed or is a surety or guarantor for any such debt, and
(b)the debtor does anything or suffers anything to be done which (in either case) has the effect of putting that person into a position which, in the event that a debt relief order is made in relation to the debtor, will be better than the position he would have been in if that thing had not been done.”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: