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Insolvency Act 1986

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Changes over time for: Cross Heading: Interim debt relief restrictions order

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Insolvency Act 1986, Cross Heading: Interim debt relief restrictions order is up to date with all changes known to be in force on or before 19 March 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. Help about Changes to Legislation

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act amendment to earlier affecting provision S.I. 1986/1999, art. 3, Sch. 1 Pt. 2 by S.I. 2017/1119 Sch. 3 para. 1
  • Act savings and transitional provisions for amendments by S.I. 2022/1166 by S.I. 2022/1172 Regulations

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F1Interim debt relief restrictions orderE+W

Textual Amendments

F1Sch. 4ZB inserted (24.2.2009 for certain purposes otherwise 6.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 108(2), 148(5), Sch. 19; S.I. 2009/382, art. 2

5(1)This paragraph applies at any time between—E+W

(a)the institution of an application for a debt relief restrictions order, and

(b)the determination of the application.

(2)The court may make an interim debt relief restrictions order if the court thinks that—

(a)there are prima facie grounds to suggest that the application for the debt relief restrictions order will be successful, and

(b)it is in the public interest to make an interim debt relief restrictions order.

(3)An interim debt relief restrictions order may only be made on the application of—

(a)the Secretary of State, or

(b)the official receiver acting on a direction of the Secretary of State.

(4)An interim debt relief restrictions order—

(a)has the same effect as a debt relief restrictions order, and

(b)comes into force when it is made.

(5)An interim debt relief restrictions order ceases to have effect—

(a)on the determination of the application for the debt relief restrictions order,

(b)on the acceptance of a debt relief restrictions undertaking made by the debtor, or

(c)if the court discharges the interim debt relief restrictions order on the application of the person who applied for it or of the debtor.

6(1)This paragraph applies to a case in which both an interim debt relief restrictions order and a debt relief restrictions order are made.E+W

(2)Paragraph 4(2) has effect in relation to the debt relief restrictions order as if a reference to the date of that order were a reference to the date of the interim debt relief restrictions order.]

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