(1) This section applies as does section 234; and it also applies in the case of a company in respect of which a winding-up order has been made by the court in England and Wales as if references to the office-holder included the official receiver, whether or not he is the liquidator.
(2) The court may, on the application of the office-holder, summon to appear before it—
(a) any officer of the company,
(b) any person known or suspected to have in his possession any property of the company or supposed to be indebted to the company, or
(c) any person whom the court thinks capable of giving information concerning the promotion, formation, business, dealings, affairs or property of the company.
(3) The court may require any such person as is mentioned in subsection (2)(a) to (c) to submit to the court an account of his dealings with the company or to produce any books, papers or other records in his possession or under his control relating to the company or the matters mentioned in paragraph (c) of the subsection.
(3A) An account submitted to the court under subsection (3) must be contained in—
(a) a witness statement verified by a statement of truth (in England and Wales), and
(b) an affidavit (in Scotland).
(4) The following applies in a case where—
(a) a person without reasonable excuse fails to appear before the court when he is summoned to do so under this section, or
(b) there are reasonable grounds for believing that a person has absconded, or is about to abscond, with a view to avoiding his appearance before the court under this section.
(5) The court may, for the purpose of bringing that person and anything in his possession before the court, cause a warrant to be issued to a constable or prescribed officer of the court—
(a) for the arrest of that person, and
(b) for the seizure of any books, papers, records, money or goods in that person’s possession.
(6) The court may authorise a person arrested under such a warrant to be kept in custody, and anything seized under such a warrant to be held, in accordance with the rules, until that person is brought before the court under the warrant or until such other time as the court may order.
(1) If it appears to the court, on consideration of any evidence obtained under section 236 or this section, that any person has in his possession any property of the company, the court may, on the application of the office-holder, order that person to deliver the whole or any part of the property to the office-holder at such time, in such manner and on such terms as the court thinks fit.
(2) If it appears to the court, on consideration of any evidence so obtained, that any person is indebted to the company, the court may, on the application of the office-holder, order that person to pay to the office holder,at such time and in such manner as the court may direct, the whole or any part of the amount due, whether in full discharge of the debt or otherwise, as the court thinks fit.
the court may, if it thinks fit, order that any person who if within the jurisdiction of the court would be liable to be summoned to appear before it under section 236 or this section shall be examined in any part of the United Kingdom where he may for the time being be, or in a place outside the United Kingdom.
(4) Any person who appears or is brought before the court under section 236 or this section may be examined on oath, either orally or (except in Scotland) by interrogatories, concerning the company or the matters mentioned in section 236(2)(c).
238 Transactions at an undervalue (England and Wales).
(1) This section applies in the case of a company where—
(a) the company enters administration,
(b) the company goes into liquidation;
and “the office-holder” means the administrator or the liquidator, as the case may be.
(2) Where the company has at a relevant time (defined in section 240) entered into a transaction with any person at an undervalue, the office-holder may apply to the court for an order under this section.
(3) Subject as follows, the court shall, on such an application, make such order as it thinks fit for restoring the position to what it would have been if the company had not entered into that transaction.
(4) For the purposes of this section and section 241, a company enters into a transaction with a person at an undervalue if—
(a) the company makes a gift to that person or otherwise enters into a transaction with that person on terms that provide for the company to receive no consideration, or
(b) the company 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 company.
(5) The court shall not make an order under this section in respect of a transaction at an undervalue if it is satisfied—
(a) that the company which entered into the transaction did so in good faith and for the purpose of carrying on its business, and
(b) that at the time it did so there were reasonable grounds for believing that the transaction would benefit the company.
(1) This section applies as does section 238.
(2) Where the company has at a relevant time (defined in the next section) given a preference to any person, the office-holder may apply to the court for an order under this section.
(3) Subject as follows, the court shall, on such an application, make such order as it thinks fit for restoring the position to what it would have been if the company had not given that preference.
(4) For the purposes of this section and section 241, a company gives a preference to a person if—
(a) that person is one of the company’s creditors or a surety or guarantor for any of the company’s debts or other liabilities, and
(b) the company 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 of the company going into insolvent liquidation, will be better than the position he would have been in if that thing had not been done.
(5) The court shall not make an order under this section in respect of a preference given to any person unless the company which gave the preference was influenced in deciding to give it by a desire to produce in relation to that person the effect mentioned in subsection (4)(b).
(6) A company which has given a preference to a person connected with the company (otherwise than by reason only of being its employee) at the time the preference was given is presumed, unless the contrary is shown, to have been influenced in deciding to give it by such a desire as is mentioned in subsection (5).
(7) The fact that something has been done in pursuance of the order of a court does not, without more, prevent the doing or suffering of that thing from constituting the giving of a preference.
(1) Subject to the next subsection, the time at which a company enters into a transaction at an undervalue or gives a preference is a relevant time if the transaction is entered into, or the preference given—
(a) in the case of a transaction at an undervalue or of a preference which is given to a person who is connected with the company (otherwise than by reason only of being its employee), at a time in the period of 2 years ending with the onset of insolvency (which expression is defined below),
(b) in the case of a preference which is not such a transaction and is not so given, at a time in the period of 6 months ending with the onset of insolvency,. . .
(c) in either case, at a time between the making of an administration application in respect of the company and the making of an administration order on that application, and
(d) in either case, at a time between the filing with the court of a copy of notice of intention to appoint an administrator under paragraph 14 or 22 of Schedule B1 and the making of an appointment under that paragraph.
(2) Where a company enters into a transaction at an undervalue or gives a preference at a time mentioned in subsection (1)(a) or (b), that time is not a relevant time for the purposes of section 238 or 239 unless the company—
(a) is at that time unable to pay its debts within the meaning of section 123 in Chapter VI of Part IV, or
(b) becomes unable to pay its debts within the meaning of that section in consequence of the transaction or preference;
but the requirements of this subsection are presumed to be satisfied, unless the contrary is shown, in relation to any transaction at an undervalue which is entered into by a company with a person who is connected with the company.
(3) For the purposes of subsection (1), the onset of insolvency is—
(a) in a case where section 238 or 239 applies by reason of an administrator of a company being appointed by administration order, the date on which the administration application is made,
(b) in a case where section 238 or 239 applies by reason of an administrator of a company being appointed under paragraph 14 or 22 of Schedule B1 following filing with the court of a copy of a notice of intention to appoint under that paragraph, the date on which the copy of the notice is filed,
(c) in a case where section 238 or 239 applies by reason of an administrator of a company being appointed otherwise than as mentioned in paragraph (a) or (b), the date on which the appointment takes effect,
(d) in a case where section 238 or 239 applies by reason of a company going into liquidation ... at the time when the appointment of an administrator ceases to have effect, the date on which the company entered administration (or, if relevant, the date on which the application for the administration order was made or a copy of the notice of intention to appoint was filed), and
(e) in a case where section 238 or 239 applies by reason of a company going into liquidation at any other time, the date of the commencement of the winding up.
(1) Without prejudice to the generality of sections 238(3) and 239(3), an order under either of those sections with respect to a transaction or preference entered into or given by a company may (subject to the next subsection)—
(a) require any property transferred as part of the transaction, or in connection with the giving of the preference, to be vested in the company,
(b) require any property to be so vested if it represents in any person’s hands the application either of the proceeds of sale of property so transferred or of money so transferred,
(c) release or discharge (in whole or in part) any security given by the company,
(d) require any person to pay, in respect of benefits received by him from the company, such sums to the office-holder as the court may direct,
(e) provide for any surety or guarantor whose obligations to any person were released or discharged (in whole or in part) under the transaction, or by the giving of the preference, to be under such new or revived obligations to that person as the court thinks appropriate,
(f) provide for security to be provided for the discharge of any obligation imposed by or arising under the order, for such an obligation to be charged on any property and for the security or charge to have the same priority as a security or charge released or discharged (in whole or in part) under the transaction or by the giving of the preference, and
(g) provide for the extent to which any person whose property is vested by the order in the company, or on whom obligations are imposed by the order, is to be able to prove in the winding up of the company for debts or other liabilities which arose from, or were released or discharged (in whole or in part) under or by, the transaction or the giving of the preference.
(2) An order under section 238 or 239 may affect the property of, or impose any obligation on, any person whether or not he is the person with whom the company in question entered into the transaction or (as the case may be) the person to whom the preference was given; but such an order—
(a) shall not prejudice any interest in property which was acquired from a person other than the company and was acquired in good faith and for value, or prejudice any interest deriving from such an interest, and
(b) shall not require a person who received a benefit from the transaction or preference in good faith and for value to pay a sum to the office-holder, except where that person was a party to the transaction or the payment is to be in respect of a preference given to that person at a time when he was a creditor of the company.
(2A) Where a person has acquired an interest in property from a person other than the company in question, or has received a benefit from the transaction or preference, and at the time of that acquisition or receipt—
(a) he had notice of the relevant surrounding circumstances and of the relevant proceedings, or
(b) he was connected with, or was an associate of, either the company in question or the person with whom that company entered into the transaction or to whom that company gave the preference,
then, unless the contrary is shown, it shall be presumed for the purposes of paragraph (a) or (as the case may be) paragraph (b) of subsection (2) that the interest was acquired or the benefit was received otherwise than in good faith.
(3) For the purposes of subsection (2A)(a), the relevant surrounding circumstances are (as the case may require)—
(a) the fact that the company in question entered into the transaction at an undervalue; or
(b) the circumstances which amounted to the giving of the preference by the company in question;
and subsections (3A) to (3C) have effect to determine whether, for those purposes, a person has notice of the relevant proceedings.
(3A) Where section 238 or 239 applies by reason of a company’s entering administration, a person has notice of the relevant proceedings if he has notice that—
(a) an administration application has been made,
(b) an administration order has been made,
(c) a copy of a notice of intention to appoint an administrator under paragraph 14 or 22 of Schedule B1 has been filed, or
(d) notice of the appointment of an administrator has been filed under paragraph 18 or 29 of that Schedule.
(3B) Where section 238 or 239 applies by reason of a company’s going into liquidation at the time when the appointment of an administrator of the company ceases to have effect, a person has notice of the relevant proceedings if he has notice that—
(a) an administration application has been made,
(b) an administration order has been made,
(c) a copy of a notice of intention to appoint an administrator under paragraph 14 or 22 of Schedule B1 has been filed,
(d) notice of the appointment of an administrator has been filed under paragraph 18 or 29 of that Schedule, or
(e) the company has gone into liquidation.
(3C) In a case where section 238 or 239 applies by reason of the company in question going into liquidation at any other time, a person has notice of the relevant proceedings if he has notice—
(a) where the company goes into liquidation on the making of a winding-up order, of the fact that the petition on which the winding-up order is made has been presented or of the fact that the company has gone into liquidation;
(b) in any other case, of the fact that the company has gone into liquidation.
(4) The provisions of sections 238 to 241 apply without prejudice to the availability of any other remedy, even in relation to a transaction or preference which the company had no power to enter into or give.
(1) Where this subsection applies and—
(a) the winding up of a company has commenced, an alienation by the company is challengeable by—
(i) any creditor who is a creditor by virtue of a debt incurred on or before the date of such commencement, or
(ii) the liquidator;
(b) a company enters administration, an alienation by the company is challengeable by the administrator.
(2) Subsection (1) applies where—
(a) by the alienation, whether before or after 1st April 1986 (the coming into force of section75 of the Bankruptcy (Scotland) Act 1985), any part of the company’s property is transferred or any claim or right of the company is discharged or renounced, and
(b) the alienation takes place on a relevant day.
(3) For the purposes of subsection (2)(b), the day on which an alienation takes place is the day on which it becomes completely effectual; and in that subsection “relevant day” means, if the alienation has the effect of favouring—
(a) a person who is an associate (within the meaning of the Bankruptcy (Scotland) Act 2016) of the company, a day not earlier than 5 years before the date on which—
(i) the winding up of the company commences, or
(ii) as the case may be, the company enters administration; or
(b) any other person, a day not earlier than 2 years before that date.
(4) On a challenge being brought under subsection (1), the court shall grant decree of reduction or for such restoration of property to the company’s assets or other redress as may be appropriate; but the court shall not grant such a decree if the person seeking to uphold the alienation establishes—
(a) that immediately, or at any other time, after the alienation the company’s assets were greater than its liabilities, or
(b) that the alienation was made for adequate consideration, or
(c) that the alienation—
(i) was a birthday, Christmas or other conventional gift, or
(ii) was a gift made, for a charitable purpose, to a person who is not an associate of the company,
which, having regard to all the circumstances, it was reasonable for the company to make:
Provided that this subsection is without prejudice to any right or interest acquired in good faith and for value from or through the transferee in the alienation.
(5) In subsection (4) above, “charitable purpose” means any charitable, benevolent or philanthropic purpose, whether or not it is charitable within the meaning of any rule of law.
(6) For the purposes of the foregoing provisions of this section, an alienation in implementation of a prior obligation is deemed to be one for which there was no consideration or no adequate consideration to the extent that the prior obligation was undertaken for no consideration or no adequate consideration.
(7) A liquidator and an administrator have the same right as a creditor has under any rule of law to challenge an alienation of a company made for no consideration or no adequate consideration.
(8) This section applies to Scotland only.
(1) Subject to subsection (2) below, subsection (4) below applies to a transaction entered into by a company, whether before or after 1st April 1986, which has the effect of creating a preference in favour of a creditor to the prejudice of the general body of creditors, being a preference created not earlier than 6 months before the commencement of the winding up of the company or the company enters administration.
(2) Subsection (4) below does not apply to any of the following transactions—
(a) a transaction in the ordinary course of trade or business;
(b) a payment in cash for a debt which when it was paid had become payable, unless the transaction was collusive with the purpose of prejudicing the general body of creditors;
(c) a transaction whereby the parties to it undertake reciprocal obligations (whether the performance by the parties of their respective obligations occurs at the same time or at different times) unless the transaction was collusive as aforesaid;
(d) the granting of a mandate by a company authorising an arrestee to pay over the arrested funds or part thereof to the arrester where—
(i) there has been a decree for payment or a warrant for summary diligence, and
(ii) the decree or warrant has been preceded by an arrestment on the dependence of the action or followed by an arrestment in execution.
(3) For the purposes of subsection (1) above, the day on which a preference was created is the day on which the preference became completely effectual.
(4) A transaction to which this subsection applies is challengeable by—
(a) in the case of a winding up—
(i) any creditor who is a creditor by virtue of a debt incurred on or before the date of commencement of the winding up, or
(ii) the liquidator; and
(b) where the company has entered administration, the administrator.
(5) On a challenge being brought under subsection (4) above, the court, if satisfied that the transaction challenged is a transaction to which this section applies, shall grant decree of reduction or for such restoration of property to the company’s assets or other redress as may be appropriate;
Provided that this subsection is without prejudice to any right or interest acquired in good faith and for value from or through the creditor in whose favour the preference was created.
(6) A liquidator and an administrator have the same right as a creditor has under any rule of law to challenge a preference created by a debtor.
(7) This section applies to Scotland only.
(1) This section applies as does section 238, and where the company is, or has been, a party to a transaction for, or involving, the provision of credit to the company.
(2) The court may, on the application of the office-holder, make an order with respect to the transaction if the transaction is or was extortionate and was entered into in the period of 3 years ending with the day on which the company entered administration or went into liquidation.
(3) For the purposes of this section a transaction is extortionate if, having regard to the risk accepted by the person providing the credit—
(a) the terms of it are or were such as to require grossly exorbitant payments to be made (whether unconditionally or in certain contingencies) in respect of the provision of the credit, or
(b) it otherwise grossly contravened ordinary principles of fair dealing;
and it shall be presumed, unless the contrary is proved, that a transaction with respect to which an application is made under this section is or, as the case may be, was extortionate.
(4) An order under this section with respect to any transaction may contain such one or more of the following as the court thinks fit, that is to say—
(a) provision setting aside the whole or part of any obligation created by the transaction,
(b) provision otherwise varying the terms of the transaction or varying the terms on which any security for the purposes of the transaction is held,
(c) provision requiring any person who is or was a party to the transaction to pay to the office-holder any sums paid to that person, by virtue of the transaction, by the company,
(d) provision requiring any person to surrender to the office-holder any property held by him as security for the purposes of the transaction,
(e) provision directing accounts to be taken between any persons.
(5) The powers conferred by this section are exercisable in relation to any transaction concurrently with any powers exercisable in relation to that transaction as a transaction at an undervalue or under section 242 (gratuitious alienations in Scotland).
(1) This section applies as does section 238, but applies to Scotland as well as to England and Wales.
(2) Subject as follows, a floating charge on the company’s undertaking or property created at a relevant time is invalid except to the extent of the aggregate of—
(a) the value of so much of the consideration for the creation of the charge as consists of money paid, or goods or services supplied, to the company at the same time as, or after, the creation of the charge,
(b) the value of so much of that consideration as consists of the discharge or reduction, at the same time as, or after, the creation of the charge, of any debt of the company, and
(c) the amount of such interest (if any) as is payable on the amount falling within paragraph (a) or (b) in pursuance of any agreement under which the money was so paid, the goods or services were so supplied or the debt was so discharged or reduced.
(3) Subject to the next subsection, the time at which a floating charge is created by a company is a relevant time for the purposes of this section if the charge is created—
(a) in the case of a charge which is created in favour of a person who is connected with the company, at a time in the period of 2 years ending with the onset of insolvency,
(b) in the case of a charge which is created in favour of any other person, at a time in the period of 12 months ending with the onset of insolvency,. . .
(c) in either case, at a time between the making of an administration application in respect of the company and the making of an administration order on that application, or
(d) in either case, at a time between the filing with the court of a copy of notice of intention to appoint an administrator under paragraph 14 or 22 of Schedule B1 and the making of an appointment under that paragraph.
(4) Where a company creates a floating charge at a time mentioned in subsection (3)(b) and the person in favour of whom the charge is created is not connected with the company, that time is not a relevant time for the purposes of this section unless the company—
(a) is at that time unable to pay its debts within the meaning of section 123 in Chapter VI of Part IV, or
(b) becomes unable to pay its debts within the meaning of that section in consequence of the transaction under which the charge is created.
(5) For the purposes of subsection (3), the onset of insolvency is—
(a) in a case where this section applies by reason of an administrator of a company being appointed by administration order, the date on which the administration application is made,
(b) in a case where this section applies by reason of an administrator of a company being appointed under paragraph 14 or 22 of Schedule B1 following filing with the court of a copy of notice of intention to appoint under that paragraph, the date on which the copy of the notice is filed,
(c) in a case where this section applies by reason of an administrator of a company being appointed otherwise than as mentioned in paragraph (a) or (b), the date on which the appointment takes effect, and
(d) in a case where this section applies by reason of a company going into liquidation, the date of the commencement of the winding up.
(6) For the purposes of subsection (2)(a) the value of any goods or services supplied by way of consideration for a floating charge is the amount in money which at the time they were supplied could reasonably have been expected to be obtained for supplying the goods or services in the ordinary course of business and on the same terms (apart from the consideration) as those on which they were supplied to the company.
(1) This section applies in the case of a company where—
(a) the company enters administration,
(b) the company goes into liquidation, or
(c) a provisional liquidator is appointed;
and “the office-holder” means the administrator, the liquidator or the provisional liquidator, as the case may be.
(2) Subject as follows, a lien or other right to retain possession of any of the books, papers or other records of the company is unenforceable to the extent that its enforcement would deny possession of any books, papers or other records to the office-holder.
(3) This does not apply to a lien on documents which give a title to property and are held as such.
(1) If while a company is in administration it appears that any business of the company has been carried on with intent to defraud creditors of the company or creditors of any other person, or for any fraudulent purpose, the following has effect.
(2) The court, on the application of the administrator, may declare that any persons who were knowingly parties to the carrying on of the business in the manner mentioned in subsection (1) are to be liable to make such contributions (if any) to the company's assets as the court thinks proper.
(1) Subject to subsection (3), if while a company is in administration it appears that subsection (2) applies in relation to a person who is or has been a director of the company, the court, on the application of the administrator, may declare that that person is to be liable to make such contribution (if any) to the company's assets as the court thinks proper.
(2) This subsection applies in relation to a person if—
(a) the company has entered insolvent administration,
(b) at some time before the company entered administration, that person knew or ought to have concluded that there was no reasonable prospect that the company would avoid entering insolvent administration or going into insolvent liquidation, and
(c) the person was a director of the company at that time.
(3) The court must not make a declaration under this section with respect to any person if it is satisfied that, after the condition specified in subsection (2)(b) was first satisfied in relation to the person, the person took every step with a view to minimising the potential loss to the company's creditors as (on the assumption that the person had knowledge of the matter mentioned in subsection (2)(b)) the person ought to have taken.
(4) For the purposes of subsections (2) and (3), the facts which a director of a company ought to know or ascertain, the conclusions which the director ought to reach and the steps which the director ought to take are those which would be known or ascertained, or reached or taken, by a reasonably diligent person having both—
(a) the general knowledge, skill and experience that may reasonably be expected of a person carrying out the same functions as are carried out by that director in relation to the company, and
(b) the general knowledge, skill and experience that that director has.
(5) The reference in subsection (4) to the functions carried out in relation to a company by a director of the company includes any functions which the director does not carry out but which have been entrusted to the director.
(6) For the purposes of this section—
(a) a company enters insolvent administration if it enters administration at a time when its assets are insufficient for the payment of its debts and other liabilities and the expenses of the administration;
(b) a company goes into insolvent liquidation if it goes into liquidation at a time when its assets are insufficient for the payment of its debts and other liabilities and the expenses of the winding up.
(7) In this section “director” includes shadow director.
(8) This section is without prejudice to section 246ZA.
Section 215 applies for the purposes of an application under section 246ZA or 246ZB as it applies for the purposes of an application under section 213 but as if the reference in subsection (1) of section 215 to the liquidator was a reference to the administrator.
(1) This section applies in the case of a company where—
(a) the company enters administration, or
(b) the company goes into liquidation;
and “the office-holder” means the administrator or the liquidator, as the case may be.
(2) The office-holder may assign a right of action (including the proceeds of an action) arising under or by virtue of any of the following—
(za) section A43 (challenges to monitor remuneration in subsequent insolvency proceedings);
(a) section 213 or 246ZA (fraudulent trading);
(b) section 214 or 246ZB (wrongful trading);
(c) section 238 (transactions at an undervalue (England and Wales));
(d) section 239 (preferences (England and Wales));
(e) section 242 (gratuitous alienations (Scotland));
(f) section 243 (unfair preferences (Scotland));
(g) section 244 (extortionate credit transactions).
246ZE Decisions by creditors and contributories: general
(1) This section applies where, for the purposes of this Group of Parts, a person (“P”) seeks a decision about any matter from a company's creditors or contributories.
(2) The decision may be made by any qualifying decision procedure P thinks fit, except that it may not be made by a creditors' meeting or (as the case may be) a contributories' meeting unless subsection (3) applies.
(3) This subsection applies if at least the minimum number of creditors or (as the case may be) contributories make a request to P in writing that the decision be made by a creditors' meeting or (as the case may be) a contributories' meeting.
(4) If subsection (3) applies P must summon a creditors' meeting or (as the case may be) a contributories' meeting.
(5) Subsection (2) is subject to any provision of this Act, the rules or any other legislation, or any order of the court—
(a) requiring a decision to be made, or prohibiting a decision from being made, by a particular qualifying decision procedure (other than a creditors' meeting or a contributories' meeting);
(b) permitting or requiring a decision to be made by a creditors' meeting or a contributories' meeting.
(6) Section 246ZF provides that in certain cases the deemed consent procedure may be used instead of a qualifying decision procedure.
(7) For the purposes of subsection (3) the “minimum number” of creditors or contributories is any of the following—
(a) 10% in value of the creditors or contributories;
(b) 10% in number of the creditors or contributories;
(c) 10 creditors or contributories.
(8) The references in subsection (7) to creditors are to creditors of any class, even where a decision is sought only from creditors of a particular class.
(9) In this section references to a meeting are to a meeting where the creditors or (as the case may be) contributories are invited to be present together at the same place (whether or not it is possible to attend the meeting without being present at that place).
(10) Except as provided by subsection (8), references in this section to creditors include creditors of a particular class.
(11) In this Group of Parts “qualifying decision procedure” means a procedure prescribed or authorised under paragraph 8A of Schedule 8.
(1) The deemed consent procedure may be used instead of a qualifying decision procedure where a company's creditors or contributories are to make a decision about any matter, unless—
(a) a decision about the matter is required by virtue of this Act, the rules, or any other legislation to be made by a qualifying decision procedure, or
(b) the court orders that a decision about the matter is to be made by a qualifying decision procedure.
(2) If the rules provide for a company's creditors or contributories to make a decision about the remuneration of any person, they must provide that the decision is to be made by a qualifying decision procedure.
(3) The deemed consent procedure is that the relevant creditors (other than opted-out creditors) or (as the case may be) the relevant contributories are given notice of—
(a) the matter about which they are to make a decision,
(b) the decision that the person giving the notice proposes should be made (the “proposed decision”),
(c) the effect of subsections (4) and (5), and
(d) the procedure for objecting to the proposed decision.
(4) If less than the appropriate number of relevant creditors or (as the case may be) relevant contributories object to the proposed decision in accordance with the procedure set out in the notice, the creditors or (as the case may be) the contributories are to be treated as having made the proposed decision.
(5) Otherwise—
(a) the creditors or (as the case may be) the contributories are to be treated as not having made a decision about the matter in question, and
(b) if a decision about that matter is again sought from the creditors or (as the case may be) the contributories, it must be sought using a qualifying decision procedure.
(6) For the purposes of subsection (4) the “appropriate number” of relevant creditors or relevant contributories is 10% in value of those creditors or contributories.
(7) “Relevant creditors” means the creditors who, if the decision were to be made by a qualifying decision procedure, would be entitled to vote in the procedure.
(8) “Relevant contributories” means the contributories who, if the decision were to be made by a qualifying decision procedure, would be entitled to vote in the procedure.
(9) In this section references to creditors include creditors of a particular class.
(10) The rules may make further provision about the deemed consent procedure.
(1) The Secretary of State may by regulations amend section 246ZE so as to change the definition of—
(a) the minimum number of creditors;
(b) the minimum number of contributories.
(2) The Secretary of State may by regulations amend section 246ZF so as to change the definition of—
(a) the appropriate number of relevant creditors;
(b) the appropriate number of relevant contributories.
(3) Regulations under this section may define the minimum number or the appropriate number by reference to any one or more of—
(a) a proportion in value,
(b) a proportion in number,
(c) an absolute number,
and the definition may include alternative, cumulative or relative requirements.
(4) Regulations under subsection (1) may define the minimum number of creditors or contributories by reference to all creditors or contributories, or by reference to creditors or contributories of a particular description.
(5) Regulations under this section may make provision that will result in section 246ZE or 246ZF having different definitions for different cases, including—
(a) for creditors and for contributories,
(b) for different kinds of decisions.
(6) Regulations under this section may make transitional provision.
(7) The power of the Secretary of State to make regulations under this section is exercisable by statutory instrument.
(8) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(1) Subject to subsection (2), this section applies to any meeting of the members of a company summoned by the office-holder under this Act or the rules, other than a meeting of the members of the company in a members' voluntary winding up.
(2) This section does not apply where—
(a) a company is being wound up in Scotland, or
(b) a receiver is appointed under section 51 in Chapter 2 of Part 3.
(3) Where the person summoning a meeting (“the convener”) considers it appropriate, the meeting may be conducted and held in such a way that persons who are not present together at the same place may attend it.
(4) Where a meeting is conducted and held in the manner referred to in subsection (3), a person attends the meeting if that person is able to exercise any rights which that person may have to speak and vote at the meeting.
(5) For the purposes of this section—
(a) a person is able to exercise the right to speak at a meeting when that person is in a position to communicate to all those attending the meeting, during the meeting, any information or opinions which that person has on the business of the meeting; and
(b) a person is able to exercise the right to vote at a meeting when—
(i) that person is able to vote, during the meeting, on resolutions put to the vote at the meeting, and
(ii) that person's vote can be taken into account in determining whether or not such resolutions are passed at the same time as the votes of all the other persons attending the meeting.
(6) The convener of a meeting which is to be conducted and held in the manner referred to in subsection (3) shall make whatever arrangements the convener considers appropriate to—
(a) enable those attending the meeting to exercise their rights to speak or vote, and
(b) ensure the identification of those attending the meeting and the security of any electronic means used to enable attendance.
(7) Where in the reasonable opinion of the convener—
(a) a meeting will be attended by persons who will not be present together at the same place, and
(b) it is unnecessary or inexpedient to specify a place for the meeting,
any requirement under this Act or the rules to specify a place for the meeting may be satisfied by specifying the arrangements the convener proposes to enable persons to exercise their rights to speak or vote.
(8) In making the arrangements referred to in subsection (6) and in forming the opinion referred to in subsection (7)(b), the convener must have regard to the legitimate interests of the members and others attending the meeting in the efficient despatch of the business of the meeting.
(9) If—
(a) the notice of a meeting does not specify a place for the meeting,
(b) the convener is requested in accordance with the rules to specify a place for the meeting, and
(c) that request is made by members representing not less than ten percent of the total voting rights of all the members having at the date of the request a right to vote at the meeting,
it shall be the duty of the convener to specify a place for the meeting.
(10) In this section, “the office-holder”, in relation to a company, means—
(za) the monitor in relation to a moratorium under Part A1,
(a) its liquidator, provisional liquidator, administrator, receiver (appointed under section 51) or administrative receiver, or
(b) where a voluntary arrangement in relation to the company is proposed or has taken effect under Part 1, the nominee or the supervisor of the voluntary arrangement.
(1) Subject to subsection (2), where any provision of this Act or the rules requires the office-holder to give, deliver, furnish or send a notice or other document or information to any person, that requirement is satisfied by making the notice, document or information available on a website—
(a) in accordance with the rules, and
(b) in such circumstances as may be prescribed.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In this section, “the office-holder” means—
(za) the monitor in relation to a moratorium under Part A1,
(a) the liquidator, provisional liquidator, administrator, receiver (appointed under section 51), or administrative receiver of a company, or
(b) where a voluntary arrangement in relation to a company is proposed or has taken effect under Part 1, the nominee or the supervisor of the voluntary arrangement.
246C Creditors' ability to opt out of receiving certain notices
(1) Any provision of the rules which requires an office-holder of a company to give a notice to creditors of the company does not apply, in circumstances prescribed by the rules, in relation to opted-out creditors.
(2) Subsection (1)—
(a) does not apply in relation to a notice of a distribution or proposed distribution to creditors;
(b) is subject to any order of the court requiring a notice to be given to all creditors (or all creditors of a particular category).
(3) Except as provided by the rules, a creditor may participate and vote in a qualifying decision procedure or a deemed consent procedure even though, by virtue of being an opted-out creditor, the creditor does not receive notice of it.
(4) In this section—
“give” includes deliver, furnish or send;
“notice” includes any document or information in any other form;
“office-holder”, in relation to a company, means—
a liquidator, provisional liquidator, administrator or administrative receiver of the company,
a receiver appointed under section 51 in relation to any property of the company, or
the supervisor of a voluntary arrangement which has taken effect under Part 1 in relation to the company.
(1) In this Group of Parts, except in so far as the context otherwise requires, “insolvency”, in relation to a company, includes the coming into force of a moratorium for the company under Part A1, the approval of a voluntary arrangement under Part I, or the appointment of an administrator or administrative receiver.
(2) For the purposes of any provision in this Group of Parts, a company goes into liquidation if it passes a resolution for voluntary winding up or an order for its winding up is made by the court at a time when it has not already gone into liquidation by passing such a resolution.
(3) The reference to a resolution for voluntary winding up in subsection (2) includes a reference to a resolution which is deemed to occur by virtue of—
(a) paragraph 83(6)(b) of Schedule B1, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Group of Parts, except in so far as the context otherwiserequires—
(a) “secured creditor”, in relation to a company, means a creditor of the company who holds in respect of his debt a security over property of the company, and “unsecured creditor” is to be read accordingly; and
(b) “security” means—
(i) in relation to England and Wales, any mortgage, charge, lien or other security, and
(ii) in relation to Scotland, any security (whether heritable or moveable), any floating charge and any right of lien or preference and any right of retention (other than a right of compensation or set off).
(1) For the purposes of this Group of Parts “opted-out creditor”, in relation to an office-holder of a company, means a person who—
(a) is a creditor of the company, and
(b) in accordance with the rules has elected (or is deemed to have elected) to be (and not to cease to be) an opted-out creditor in relation to the office-holder.
(2) In this section, “office-holder”, in relation to a company, means—
(a) a liquidator, provisional liquidator, administrator or administrative receiver of the company,
(b) a receiver appointed under section 51 in relation to any property of the company, or
(c) the supervisor of a voluntary arrangement which has taken effect under Part 1 in relation to the company.
For the purposes of any provision in this Group of Parts, a person is connected with a company if—
(a) he is a director or shadow director of the company or an associate of such a director or shadow director, or
(b) he is an associate of the company,
and “associate” has the meaning given by section 435 in Part XVIII of this Act.
For the purposes of any provision in this Group of Parts, a person who is not a member of a company but to whom shares in the company have been transferred, or transmitted by operation of law, is to be regarded as a member of the company, and references to a member or members are to be read accordingly.
In this Group of Parts, except in so far as the context otherwise requires—
“administative receiver” means—
an administrative receiver as defined by section 29(2) in Chapter I of Part III, or
a receiver appointed under section 51 in Chapter II of that Part in a case where the whole (or substantially the whole) of the company’s property is attached by the floating charge;
“agent” does not include a person's counsel acting as such;
“books and papers” and “books or papers” includes accounts, deeds, writing and documents;
“business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in any part of Great Britain;
“chattel leasing agreement” means an agreement for the bailment or, in Scotland, the hiring of goods which is capable of subsisting for more than 3 months;
“contributory” has the meaning given by section 79;
“the court”, in relation to a company, means a court having jurisdiction to wind up the company;
“deemed consent procedure” means the deemed consent procedure provided for by section 246ZF;
“director” includes any person occupying the position of director, by whatever name called;
“document” includes summons, notice, order and other legal process, and registers;
...
“floating charge” means a charge which, as created, was a floating charge an includes a floating charge within section 462 of the Companies Act (Scottish floating charges);
“the Gazette” means—
as respects companies registered in England and Wales, the London Gazette;
as respects companies registered in Scotland, the Edinburgh Gazette;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...
“officer”, in relation to a body corporate, includes a director, manager or secretary;
“the official rate”, in relation to interest, means the rate payable under section 189(4);
“prescribed” means prescribed by the rules;
“qualifying decision procedure” has the meaning given by section 246ZE(11);
“receiver”, in the expression “receiver or manager”, does not include a receiver appointed under section 51 in Chapter II of Part III;
“retention of title agreement” means an agreement for the sale of goods to a company, being an agreement—
which does not constitute a charge on the goods, but
under which, if the seller is not paid and the company is wound up, the seller will have priority over all other creditors of the company as respects the goods or any property representing the goods;
“the rules” means rules under section 411 in Part XV; and
“shadow director”, in relation to a company, means a person in accordance with whose directions or instructions the directors of the company are accustomed to act , but so that a person is not deemed a shadow director by reason only that the directors act—
on advice given by that person in a professional capacity;
in accordance with instructions, a direction, guidance or advice given by that person in the exercise of a function conferred by or under an enactment (within the meaning given by section 1293 of the Companies Act 2006);
in accordance with guidance or advice given by that person in that person's capacity as a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) An individual who is unable to pay his debts may apply for an order under this Part (“a debt relief order”) to be made in respect of his qualifying debts.
(2) In this Part “qualifying debt” means (subject to subsection (3)) a debt which—
(a) is for a liquidated sum payable either immediately or at some certain future time; and
(b) is not an excluded debt.
(3) A debt is not a qualifying debt to the extent that it is secured.
(4) In this Part “excluded debt” means a debt of any description prescribed for the purposes of this subsection.
(1) An application for a debt relief order must be made to the official receiver through an approved intermediary.
(2) The application must include—
(a) a list of the debts to which the debtor is subject at the date of the application, specifying the amount of each debt (including any interest, penalty or other sum that has become payable in relation to that debt on or before that date) and the creditor to whom it is owed;
(b) details of any security held in respect of any of those debts; and
(c) such other information about the debtor's affairs (including his creditors, debts and liabilities and his income and assets) as may be prescribed.
(3) The rules may make further provision as to—
(a) the form of an application for a debt relief order;
(b) the manner in which an application is to be made; and
(c) information and documents to be supplied in support of an application.
(4) For the purposes of this Part an application is not to be regarded as having been made until—
(a) the application has been submitted to the official receiver; and
(b) any fee required in connection with the application by an order under section 415 has been paid to such person as the order may specify.
251C Duty of official receiver to consider and determine application
(1) This section 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 section.
(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 section 251B;
(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 4ZA is met.
(6) The official receiver may refuse the application if he is not satisfied that each condition specified in Part 2 of Schedule 4ZA 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 section “specified debt” means a debt specified in the application.
251D Presumptions applicable to the determination of an application
(1) The following presumptions are to apply to the determination of an application for a debt relief order.
(2) The official receiver must presume that the debtor is an individual who is unable to pay his debts at the determination date if—
(a) that appears to the official receiver to be the case at the application date from the information supplied in the application and he has no reason to believe that the information supplied is incomplete or inaccurate; and
(b) he has no reason to believe that, by virtue of a change in the debtor's financial circumstances since the application date, the debtor may be able to pay his debts.
(3) The official receiver must presume that a specified debt (of the amount specified in the application and owed to the creditor so specified) is a qualifying debt at the application date if—
(a) that appears to him to be the case from the information supplied in the application; and
(b) he has no reason to believe that the information supplied is incomplete or inaccurate.
(4) The official receiver must presume that the condition specified in paragraph 1 of Schedule 4ZA is met if—
(a) that appears to him to be the case from the information supplied in the application;
(b) any prescribed verification checks relating to the condition have been made; and
(c) he has no reason to believe that the information supplied is incomplete or inaccurate.
(5) The official receiver must presume that any other condition specified in Part 1 or 2 of Schedule 4ZA is met if—
(a) that appears to him to have been the case as at the application date from the information supplied in the application and he has no reason to believe that the information supplied is incomplete or inaccurate;
(b) any prescribed verification checks relating to the condition have been made; and
(c) he has no reason to believe that, by virtue of a change in circumstances since the application date, the condition may no longer be met.
(6) References in this section to information supplied in the application include information supplied to the official receiver in support of the application.
(7) In this section “specified debt” means a debt specified in the application.
(1) This section applies where the official receiver makes a debt relief order on determining an application under section 251C.
(2) The order must be made in the prescribed form.
(3) The order must include a list of the debts which the official receiver is satisfied were qualifying debts of the debtor at the application date, specifying the amount of the debt at that time and the creditor to whom it was then owed.
(4) The official receiver must—
(a) give a copy of the order to the debtor; and
(b) make an entry for the order in the register containing the prescribed information about the order or the debtor.
(5) The rules may make provision as to other steps to be taken by the official receiver or the debtor on the making of the order.
(6) Those steps may include in particular notifying each creditor to whom a qualifying debt specified in the order is owed of—
(a) the making of the order and its effect,
(b) the grounds on which a creditor may object under section 251K, and
(c) any other prescribed information.
(7) In this Part the date on which an entry relating to the making of a debt relief order is first made in the register is referred to as “the effective date”.
251F Effect of debt relief order on other debt management arrangements
(1) This section applies if—
(a) a debt relief order is made, and
(b) immediately before the order is made, other debt management arrangements are in force in respect of the debtor.
(2) The other debt management arrangements cease to be in force when the debt relief order is made.
(3) In this section “other debt management arrangements” means—
(a) an administration order under Part 6 of the County Courts Act 1984;
(b) an enforcement restriction order under Part 6A of that Act;
(c) a debt repayment plan arranged in accordance with a debt management scheme that is approved under Chapter 4 of Part 5 of the Tribunals, Courts and Enforcement Act 2007.
(1) A moratorium commences on the effective date for a debt relief order in relation to each qualifying debt specified in the order (“a specified qualifying debt”).
(2) During the moratorium, the creditor to whom a specified qualifying debt is owed—
(a) has no remedy in respect of the debt, and
(b) may not—
(i) commence a creditor's petition in respect of the debt, or
(ii) otherwise commence any action or other legal proceedings against the debtor for the debt,
except with the permission of the court and on such terms as the court may impose.
(3) If on the effective date a creditor to whom a specified qualifying debt is owed has any such petition, action or other proceeding as mentioned in subsection (2)(b) pending in any court, the court may—
(a) stay the proceedings on the petition, action or other proceedings (as the case may be), or
(b) allow them to continue on such terms as the court thinks fit.
(4) In subsection (2)(a) and (b) references to the debt include a reference to any interest, penalty or other sum that becomes payable in relation to that debt after the application date.
(5) Nothing in this section affects the right of a secured creditor of the debtor to enforce his security.
(1) The moratorium relating to the qualifying debts specified in a debt relief order continues for the period of one year beginning with the effective date for the order, unless—
(a) the moratorium terminates early; or
(b) the moratorium period is extended by the official receiver under this section or by the court under section 251M.
(2) The official receiver may only extend the moratorium period for the purpose of—
(a) carrying out or completing an investigation under section 251K;
(b) taking any action he considers necessary (whether as a result of an investigation or otherwise) in relation to the order; or
(c) in a case where he has decided to revoke the order, providing the debtor with the opportunity to make arrangements for making payments towards his debts.
(3) The official receiver may not extend the moratorium period for the purpose mentioned in subsection (2)(a) without the permission of the court.
(4) The official receiver may not extend the moratorium period beyond the end of the period of three months beginning after the end of the initial period of one year mentioned in subsection (1).
(5) The moratorium period may be extended more than once, but any extension (whether by the official receiver or by the court) must be made before the moratorium would otherwise end.
(6) References in this Part to a moratorium terminating early are to its terminating before the end of what would otherwise be the moratorium period, whether on the revocation of the order or by virtue of any other enactment.
(1) Subject as follows, at the end of the moratorium applicable to a debt relief order the debtor is discharged from all the qualifying debts specified in the order (including all interest, penalties and other sums which may have become payable in relation to those debts since the application date).
(2) Subsection (1) does not apply if the moratorium terminates early.
(3) Subsection (1) does not apply in relation to any qualifying debt which the debtor incurred in respect of any fraud or fraudulent breach of trust to which the debtor was a party.
(4) The discharge of the debtor under subsection (1) does not release any other person from—
(a) any liability (whether as partner or co-trustee of the debtor or otherwise) from which the debtor is released by the discharge; or
(b) any liability as surety for the debtor or as a person in the nature of such a surety.
(5) If the order is revoked by the court under section 251M after the end of the moratorium period, the qualifying debts specified in the order shall (so far as practicable) be treated as though subsection (1) had never applied to them.
251J Providing assistance to official receiver etc
(1) The duties in this section apply to a debtor at any time after the making of an application by him for a debt relief order.
(2) The debtor must—
(a) give to the official receiver such information as to his affairs,
(b) attend on the official receiver at such times, and
(c) do all such other things,
as the official receiver may reasonably require for the purpose of carrying out his functions in relation to the application or, as the case may be, the debt relief order made as a result of the application.
(3) The debtor must notify the official receiver as soon as reasonably practicable if he becomes aware of—
(a) any error in, or omission from, the information supplied to the official receiver in, or in support of, the application;
(b) any change in his circumstances between the application date and the determination date that would affect (or would have affected) the determination of the application.
(4) The duties under subsections (2) and (3) apply after (as well as before) the determination of the application, for as long as the official receiver is able to exercise functions of the kind mentioned in subsection (2).
(5) If a debt relief order is made as a result of the application, the debtor must notify the official receiver as soon as reasonably practicable if—
(a) there is an increase in his income during the moratorium period applicable to the order;
(b) he acquires any property or any property is devolved upon him during that period;
(c) he becomes aware of any error in or omission from any information supplied by him to the official receiver after the determination date.
(6) A notification under subsection (3) or (5) must give the prescribed particulars (if any) of the matter being notified.
(1) Any person specified in a debt relief order as a creditor to whom a specified qualifying debt is owed may object to—
(a) the making of the order;
(b) the inclusion of the debt in the list of the debtor's qualifying debts; or
(c) the details of the debt specified in the order.
(2) An objection under subsection (1) must be—
(a) made during the moratorium period relating to the order and within the prescribed period for objections;
(b) made to the official receiver in the prescribed manner;
(c) based on a prescribed ground;
(d) supported by any information and documents as may be prescribed;
and the prescribed period mentioned in paragraph (a) must not be less than 28 days after the creditor in question has been notified of the making of the order.
(3) The official receiver must consider every objection made to him under this section.
(4) The official receiver may—
(a) as part of his consideration of an objection, or
(b) on his own initiative,
carry out an investigation of any matter that appears to the official receiver to be relevant to the making of any decision mentioned in subsection (5) in relation to a debt relief order or the debtor.
(5) The decisions to which an investigation may be directed are—
(a) whether the order should be revoked or amended under section 251L;
(b) whether an application should be made to the court under section 251M; or
(c) whether any other steps should be taken in relation to the debtor.
(6) The power to carry out an investigation under this section is exercisable after (as well as during) the moratorium relating to the order.
(7) The official receiver may require any person to give him such information and assistance as he may reasonably require in connection with an investigation under this section.
(8) Subject to anything prescribed in the rules as to the procedure to be followed in carrying out an investigation under this section, an investigation may be carried out by the official receiver in such manner as he thinks fit.
251L Power of official receiver to revoke or amend a debt relief order
(1) The official receiver may revoke or amend a debt relief order during the applicable moratorium period in the circumstances provided for by this section.
(2) The official receiver may revoke the order on the ground that—
(a) any information supplied to him by the debtor—
(i) in, or in support of, the application, or
(ii) after the determination date,
was incomplete, incorrect or otherwise misleading;
(b) the debtor has failed to comply with a duty under section 251J;
(c) a bankruptcy order has been made in relation to the debtor; or
(d) the debtor has made a proposal under Part 8 (or has notified the official receiver of his intention to do so).
(3) The official receiver may revoke the order on the ground that he should not have been satisfied—
(a) that the debts specified in the order were qualifying debts of the debtor as at the application date;
(b) that the conditions specified in Part 1 of Schedule 4ZA were met;
(c) that the conditions specified in Part 2 of that Schedule were met or that any failure to meet such a condition did not prevent his making the order.
(4) The official receiver may revoke the order on the ground that either or both of the conditions in paragraphs 7 and 8 of Schedule 4ZA (monthly surplus income and property) are not met at any time after the order was made.
For this purpose those paragraphs are to be read as if references to the determination date were references to the time in question.
(5) Where the official receiver decides to revoke the order, he may revoke it either—
(a) with immediate effect, or
(b) with effect from such date (not more than three months after the date of the decision) as he may specify.
(6) In considering when the revocation should take effect the official receiver must consider (in the light of the grounds on which the decision to revoke was made and all the other circumstances of the case) whether the debtor ought to be given the opportunity to make arrangements for making payments towards his debts.
(7) If the order has been revoked with effect from a specified date the official receiver may, if he thinks it appropriate to do so at any time before that date, revoke the order with immediate effect.
(8) The official receiver may amend a debt relief order for the purpose of correcting an error in or omission from anything specified in the order.
(9) But subsection (8) does not permit the official receiver to add any debts that were not specified in the application for the debt relief order to the list of qualifying debts.
(10) The rules may make further provision as to the procedure to be followed by the official receiver in the exercise of his powers under this section.
251M Powers of court in relation to debt relief orders
(1) Any person may make an application to the court if he is dissatisfied by any act, omission or decision of the official receiver in connection with a debt relief order or an application for such an order.
(2) The official receiver may make an application to the court for directions or an order in relation to any matter arising in connection with a debt relief order or an application for such an order.
(3) The matters referred to in subsection (2) include, among other things, matters relating to the debtor's compliance with any duty arising under section 251J.
(4) An application under this section may, subject to anything in the rules, be made at any time.
(5) The court may extend the moratorium period applicable to a debt relief order for the purposes of determining an application under this section.
(6) On an application under this section the court may dismiss the application or do one or more of the following—
(a) quash the whole or part of any act or decision of the official receiver;
(b) give the official receiver directions (including a direction that he reconsider any matter in relation to which his act or decision has been quashed under paragraph (a));
(c) make an order for the enforcement of any obligation on the debtor arising by virtue of a duty under section 251J;
(d) extend the moratorium period applicable to the debt relief order;
(e) make an order revoking or amending the debt relief order;
(f) make an order under section 251N; or
(g) make such other order as the court thinks fit.
(7) An order under subsection (6)(e) for the revocation of a debt relief order—
(a) may be made during the moratorium period applicable to the debt relief order or at any time after that period has ended;
(b) may be made on the court's own motion if the court has made a bankruptcy order in relation to the debtor during that period;
(c) may provide for the revocation of the order to take effect on such terms and at such a time as the court may specify.
(8) An order under subsection (6)(e) for the amendment of a debt relief order may not add any debts that were not specified in the application for the debt relief order to the list of qualifying debts.