Explanatory Memorandum

Debt Relief Act (Northern Ireland) 2010

2010 CHAPTER 16

15 December 2010

Commentary on Sections

Section 1: Debt relief orders

Part 7A to the 1989 Order

Article 208Q: Fraudulent disposal of property

To be eligible for a DRO, the debtor must meet various conditions including a limit on the value of property he owns. Article 208Q makes it is an offence for a debtor who has obtained a DRO to have disposed of any property during the two years before the application date or during the moratorium period. An offence will still be committed even if the Debt Relief Order is revoked subsequent to the property being disposed of. It will be a defence for a person charged with this offence to prove that he had no intent to defraud or to conceal the state of his affairs.