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The Insolvency (Northern Ireland) Order 1989
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Changes to legislation:
The Insolvency (Northern Ireland) Order 1989, Section 208C is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Article 208C:
- Instrument amended by 1998 c. 11 s. 23 Sch. 5 Pt.1 Ch. 3 para. 40
- Instrument amended (prosp) by S.I. 1994/279 (N.I.) art. 26(1) Sch. 2 para. 15
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 9 Pt. 2 para. 66 revoked by 1996 c. 23 s. 107(2) Sch. 4 (Amendment could not be applied. The relevant affected text is not available on legislation.gov.uk)
- art. 2B inserted by 2016 c. 2 (N.I.) s. 2(1)
- art. 208ZA applied (with modifications) by S.I. 2021/716, reg. 37A (as inserted) by S.I. 2023/1399 reg. 12 (This amendment not applied to Legislation.gov.uk. S. 208ZA is inserted by the Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 1(1) which is currently prospective.)
- art. 208ZA-208ZB inserted by 2016 c. 2 (N.I.) s. 1(1)
- art. 208ZB applied (with modifications) by S.I. 2021/716, reg. 37A (as inserted) by S.I. 2023/1399 reg. 12 (This amendment not applied to Legislation.gov.uk. S. 208ZB is inserted by the Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 1(1) which is currently prospective.)
- art. 345A-345B inserted by 2016 c. 2 (N.I.) s. 1(2)
[F1Duty of official receiver to consider and determine applicationN.I.
208C—(1) This Article applies where an application for a debt relief order is made.
(2) The official receiver may stay consideration of the application until he has received answers to any queries raised with the debtor in relation to anything connected with the application.
(3) The official receiver must determine the application by—
(a)deciding whether to refuse the application;
(b)if he does not refuse it, by making a debt relief order in relation to the specified debts he is satisfied were qualifying debts of the debtor at the application date;
but he may only refuse the application if he is authorised or required to do so by any of the following provisions of this Article.
(4) The official receiver may refuse the application if he considers that—
(a)the application does not meet all the requirements imposed by or under Article 208B;
(b)any queries raised with the debtor have not been answered to the satisfaction of the official receiver within such time as he may specify when they are raised;
(c)the debtor has made any false representation or omission in making the application or on supplying any information or documents in support of it.
(5) The official receiver must refuse the application if he is not satisfied that—
(a)the debtor is an individual who is unable to pay his debts;
(b)at least one of the specified debts was a qualifying debt of the debtor at the application date;
(c)each of the conditions set out in Part 1 of Schedule 2ZA is met.
(6) The official receiver may refuse the application if he is not satisfied that each condition specified in Part 2 of Schedule 2ZA is met.
(7) If the official receiver refuses an application he must give reasons for his refusal to the debtor in the prescribed manner.
(8) In this Article “specified debt” means a debt specified in the application.]
F1Pt. 7A (arts. 208A-208X) inserted (30.6.2011) by Debt Relief Act (Northern Ireland) 2010 (c. 16), ss. 1(b), 7(1); S.R. 2011/13, art. 2
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