(1) An order under this section may be made by the court on the application of the official receiver.
(2) An order under this section is an order summoning any of the following persons to appear before the court—
(a) the debtor;
(b) the debtor's spouse or former spouse or the debtor's civil partner or former civil partner;
(c) any person appearing to the court to be able to give information or assistance concerning the debtor or his dealings, affairs and property.
(3) The court may require a person falling within subsection (2)(c)—
(a) to provide a written account of his dealings with the debtor; or
(b) to produce any documents in his possession or under his control relating to the debtor or to the debtor's dealings, affairs or property.
(4) Subsection (5) applies where a person fails without reasonable excuse to appear before the court when he is summoned to do so by an order under this section.
(5) The court may 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 records or other documents 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) A person who makes an application for a debt relief order is guilty of an offence if he knowingly or recklessly makes any false representation or omission in making the application or providing any information or documents to the official receiver in support of the application.
(2) A person who makes an application for a debt relief order is guilty of an offence if—
(a) he intentionally fails to comply with a duty under section 251J(3) in connection with the application; or
(b) he knowingly or recklessly makes any false representation or omission in providing any information to the official receiver in connection with such a duty or otherwise in connection with the application.
(3) It is immaterial for the purposes of an offence under subsection (1) or (2) whether or not a debt relief order is made as a result of the application.
(4) A person in respect of whom a debt relief order is made is guilty of an offence if—
(a) he intentionally fails to comply with a duty under section 251J(5) in connection with the order; or
(b) he knowingly or recklessly makes any false representation or omission in providing information to the official receiver in connection with such a duty or otherwise in connection with the performance by the official receiver of functions in relation to the order.
(5) It is immaterial for the purposes of an offence under subsection (4)—
(a) whether the offence is committed during or after the moratorium period; and
(b) whether or not the order is revoked after the conduct constituting the offence takes place.
(1) A person in respect of whom a debt relief order is made is guilty of an offence if, during the moratorium period in relation to that order—
(a) he does not provide, at the request of the official receiver, all his books, papers and other records of which he has possession or control and which relate to his affairs;
(b) he prevents the production to the official receiver of any books, papers or other records relating to his affairs;
(c) he conceals, destroys, mutilates or falsifies, or causes or permits the concealment, destruction, mutilation or falsification of, any books, papers or other records relating his affairs;
(d) he makes, or causes or permits the making of, any false entries in any book, document or record relating to his affairs; or
(e) he disposes of, or alters or makes any omission in, or causes or permits the disposal, altering or making of any omission in, any book, document or record relating to his affairs.
(2) A person in respect of whom a debt relief order is made is guilty of an offence if—
(a) he did anything falling within paragraphs (c) to (e) of subsection (1) during the period of 12 months ending with the application date; or
(b) he did anything falling within paragraphs (b) to (e) of subsection (1) after that date but before the effective date.
(3) A person is not guilty of an offence under this section if he proves that, in respect of the conduct constituting the offence, he had no intent to defraud or to conceal the state of his affairs.
(4) In its application to a trading record subsection (2)(a) has effect as if the reference to 12 months were a reference to two years.
(5) In subsection (4) “trading record” means a book, document or record which shows or explains the transactions or financial position of a person's business, including—
(a) a periodic record of cash paid and received,
(b) a statement of periodic stock-taking, and
(c) except in the case of goods sold by way of retail trade, a record of goods sold and purchased which identifies the buyer and seller or enables them to be identified.
(6) It is immaterial for the purposes of an offence under this section whether or not the debt relief order in question is revoked after the conduct constituting the offence takes place (but no offence is committed under this section by virtue of conduct occurring after the order is revoked).
(1) A person in respect of whom a debt relief order is made is guilty of an offence if he made or caused to be made any gift or transfer of his property during the period between—
(a) the start of the period of two years ending with the application date; and
(b) the end of the moratorium period.
(2) The reference in subsection (1) to making a transfer of any property includes causing or conniving at the levying of any execution against that property.
(3) A person is not guilty of an offence under this section if he proves that, in respect of the conduct constituting the offence, he had no intent to defraud or to conceal the state of his affairs.
(4) For the purposes of subsection (3) a person is to be taken to have proved that he had no such intent if—
(a) sufficient evidence is adduced to raise an issue as to whether he had such intent; and
(b) the contrary is not proved beyond reasonable doubt.
(5) It is immaterial for the purposes of this section whether or not the debt relief order in question is revoked after the conduct constituting an offence takes place (but no offence is committed by virtue of conduct occurring after the order is revoked).
251R Fraudulent dealing with property obtained on credit
(1) A person in respect of whom a debt relief order is made is guilty of an offence if during the relevant period he disposed of any property which he had obtained on credit and, at the time he disposed of it, had not paid for it.
(2) Any other person is guilty of an offence if during the relevant period he acquired or received property from a person in respect of whom a debt relief order was made (the “debtor”) knowing or believing—
(a) that the debtor owed money in respect of the property, and
(b) that the debtor did not intend, or was unlikely to be able, to pay the money he so owed.
(3) In subsections (1) and (2) “relevant period” means the period between—
(a) the start of the period of two years ending with the application date; and
(b) the determination date.
(4) A person is not guilty of an offence under subsection (1) or (2) if the disposal, acquisition or receipt of the property was in the ordinary course of a business carried on by the debtor at the time of the disposal, acquisition or receipt.
(5) In determining for the purposes of subsection (4) whether any property is disposed of, acquired or received in the ordinary course of a business carried on by the debtor, regard may be had, in particular, to the price paid for the property.
(6) A person is not guilty of an offence under subsection (1) if he proves that, in respect of the conduct constituting the offence, he had no intent to defraud or to conceal the state of his affairs.
(7) In this section references to disposing of property include pawning or pledging it; and references to acquiring or receiving property shall be read accordingly.
(8) It is immaterial for the purposes of this section whether or not the debt relief order in question is revoked after the conduct constituting an offence takes place (but no offence is committed by virtue of conduct occurring after the order is revoked).
(1) A person in respect of whom a debt relief order is made is guilty of an offence if, during the relevant period—
(a) he obtains credit (either alone or jointly with any other person) without giving the person from whom he obtains the credit the relevant information about his status; or
(b) he engages directly or indirectly in any business under a name other than that in which the order was made without disclosing to all persons with whom he enters into any business transaction the name in which the order was made.
(2) For the purposes of subsection (1)(a) the relevant information about a person's status is the information that—
(a) a moratorium is in force in relation to the debt relief order,
(b) a debt relief restrictions order is in force in respect of him, or
(c) both a moratorium and a debt relief restrictions order is in force,
as the case may be.
(3) In subsection (1) “relevant period” means—
(a) the moratorium period relating to the debt relief order, or
(b) the period for which a debt relief restrictions order is in force in respect of the person in respect of whom the debt relief order is made,
as the case may be.
(4) Subsection (1)(a) does not apply if the amount of the credit is less than the prescribed amount (if any).
(5) The reference in subsection (1)(a) to a person obtaining credit includes the following cases—
(a) where goods are bailed to him under a hire-purchase agreement, or agreed to be sold to him under a conditional sale agreement;
(b) where he is paid in advance (in money or otherwise) for the supply of goods or services.
(1) Proceedings for an offence under this Part may only be instituted by the Secretary of State or by or with the consent of the Director of Public Prosecutions.
(2) It is not a defence in proceedings for an offence under this Part that anything relied on, in whole or in part, as constituting the offence was done outside England and Wales.
(3) A person guilty of an offence under this Part is liable to imprisonment or a fine, or both (but see section 430).
(1) In this Part “approved intermediary” means an individual for the time being approved by a competent authority to act as an intermediary between a person wishing to make an application for a debt relief order and the official receiver.
(2) In this section “competent authority” means a person or body for the time being designated by the Secretary of State for the purposes of granting approvals under this section.
(3) Designation as a competent authority may be limited so as to permit the authority only to approve persons of a particular description.
(4) The Secretary of State may by regulations make provision as to—
(a) the procedure for designating persons or bodies as competent authorities;
(b) descriptions of individuals who are ineligible to be approved under this section;
(c) the procedure for granting approvals under this section;
(d) the withdrawal of designations or approvals under this section;
and provision made under paragraph (a) or (c) may include provision requiring the payment of fees.
(5) The rules may make provision about the activities to be carried out by an approved intermediary in connection with an application for a debt relief order, which may in particular include—
(a) assisting the debtor in making the application;
(b) checking that the application has been properly completed;
(c) sending the application to the official receiver.
(6) The rules may also make provision about other activities to be carried out by approved intermediaries.
(7) An approved intermediary may not charge a debtor any fee in connection with an application for a debt relief order.
(8) An approved intermediary is not liable to any person in damages for anything done or omitted to be done when acting (or purporting to act) as an approved intermediary in connection with a particular application by a debtor for a debt relief order.
(9) Subsection (8) does not apply if the act or omission was in bad faith.
(10) Regulations under subsection (4) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
The Secretary of State must maintain a register of matters relating to—
(a) debt relief orders;
(b) debt relief restrictions orders; and
(c) debt relief restrictions undertakings.
(1) In this Part—
“the application date”, in relation to a debt relief order or an application for a debt relief order, means the date on which the application for the order is made to the official receiver;
“approved intermediary” has the meaning given in section 251U(1);
“debt relief order” means an order made by the official receiver under this Part;
“debtor” means—
in relation to an application for a debt relief order, the applicant; and
in relation to a debt relief order, the person in relation to whom the order is made;
“debt relief restrictions order” and “debt relief restrictions undertaking” means an order made, or an undertaking accepted, under Schedule 4ZB;
“the determination date”, in relation to a debt relief order or an application for a debt relief order, means the date on which the application for the order is determined by the official receiver;
“the effective date” has the meaning given in section 251E(7);
“excluded debt” is to be construed in accordance with section 251A;
“moratorium” and “moratorium period” are to be construed in accordance with sections 251G and 251H;
“qualifying debt”, in relation to a debtor, has the meaning given in section 251A(2);
“the register” means the register maintained under section 251W;
“specified qualifying debt” has the meaning given in section 251G(1).
(2) In this Part references to a creditor specified in a debt relief order as the person to whom a qualifying debt is owed by the debtor include a reference to any person to whom the right to claim the whole or any part of the debt has passed, by assignment or operation of law, after the date of the application for the order.
(1) In the circumstances specified below, the court may in the case of a debtor (being an individual) make an interim order under this section.
(2) An interim order has the effect that, during the period for which it is in force—
(a) no bankruptcy petition relating to the debtor may be presented or proceeded with,
(aa) no landlord or other person to whom rent is payable may exercise any right of forfeiture by peaceable re-entry in relation to premises let to the debtor in respect of a failure by the debtor to comply with any term or condition of his tenancy of such premises, except with the leave of the court and
(b) no other proceedings, and no execution or other legal process, may be commenced or continued and no distress may be levied against the debtor or his property except with leave of the court.
(1) Application to the court for an interim order may be made where the debtor intends to make a proposal under this Part, that is, a proposalto his creditors for a composition in satisfaction of his debts or a scheme of arrangement of his affairs (from here on referred to, in either case, as a “voluntary arrangement”).
(2) The proposal must provide for some person (“the nominee”) to act in relation to the voluntary arrangement either as trustee or otherwise for the purpose of supervising its implementation and the nominee must be a person who is qualified to act as an insolvency practitioner, or authorised to act as nominee, in relation to the voluntary arrangement.
(3) Subject as follows, the application may be made—
(a) if the debtor is an undischarged bankrupt, by the debtor, the trustee of his estate, or the official receiver, and
(b) in any other case, by the debtor.
(4) An application shall not be made under subsection (3)(a) unless the debtor has given notice of the proposal to the official receiver and, if there is one, the trustee of his estate.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) At any time when an application under section 253 for an interim order is pending
(a) no landlord or other person to whom rent is payable may exercise any right of forfeiture by peaceable re-entry in relation to premises let to the debtor in respect of a failure by the debtor to comply with any term or condition of his tenancy of such premises, except with the leave of the court, and
(b) , the court may forbid the levying of any distress on the debtor’s property or its subsequent sale, or both, and stay any action, execution or other legal process against the property or person of the debtor.
(2) Any court in which proceedings are pending against an individual may, on proof that an application under that section has been made in respect of that individual, either stay the proceedings or allow them to continue on such terms as it thinks fit.
(1) The court shall not make an interim order on an application under section 253 unless it is satisfied—
(a) that the debtor intends to make a proposal under this Part;
(b) that on the day of the making of the application the debtor was an undischarged bankrupt or was able to make a bankruptcy application ;
(c) that no previous application has been made by the debtor for an interim order in the period of 12 months ending with that day; and
(d) that the nominee under the debtor’s proposal . . . is willing to act in relation to the proposal.
(2) The court may make an order if it thinks that it would be appropriate to do so for the purpose of facilitating the consideration and implementation of the debtor’s proposal.
(3) Where the debtor is an undischarged bankrupt, the interim order may contain provision as to the conduct of the bankruptcy, and the administration of the bankrupt’s estate, during the period for which the order is in force.
(4) Subject as follows, the provision contained in an interim order by virtue of subsection (3) may include provision staying proceedings in the bankruptcy or modifying any provision in this Group of Parts, and any provision of the rules in their application to the debtor’s bankruptcy.
(5) An interim order shall not, in relation to a bankrupt, make provision relaxing or removing any of the requirements of provisions in this Group of Parts, or of the rules, unless the court is satisfied that that provision is unlikely to result in any significant diminution in, or in the value of, the debtor’s estate for the purposes of the bankruptcy.
(6) Subject to the following provisions of this Part, an interim order made on an application under section 253 ceases to have effect at the end of the period of 14 days beginning with the day after the making of the order.
(1) Where an interim order has been made on an application under section 253, the nominee shall, before the order ceases to have effect, submit a report to the court stating—
(a) whether, in his opinion, the voluntary arrangement which the debtor is proposing has a reasonable prospect of being approved and implemented, and
(aa) whether, in his opinion, the debtor's creditors should consider the debtors’ proposal ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) For the purpose of enabling the nominee to prepare his report the debtor shall submit to the nominee—
(a) a document setting out the terms of the voluntary arrangement which the debtor is proposing, and
(b) a statement of his affairs containing—
(i) such particulars of his creditors and of his debts and other liabilities and of his assets as may be prescribed, and
(ii) such other information as may be prescribed.
(3) The court may—
(a) on an application made by the debtor in a case where the nominee has failed to submit the report required by this section or has died, or
(b) on an application made by the debtor or the nominee in a case where it is impracticable or inappropriate for the nominee to continue to act as such,
direct that the nominee shall be replaced as such by another person qualified to act as an insolvency practitioner, or authorised to act as nominee, in relation to the voluntary arrangement.
(3A) The court may, on an application made by the debtor in a case where the nominee has failed to submit the report required by this section, direct that the interim order shall continue, or (if it has ceased to have effect) be renewed, for such further period as the court may specify in the direction.
(4) The court may, on the application of the nominee, extend the period for which the interim order has effect so as to enable the nominee to have more time to prepare his report.
(5) If the court is satisfied on receiving the nominee’s report that the debtor's creditors should consider the debtor’s proposal, the court shall direct that the period for which the interim order has effect shall be extended, for such further period as it may specify in the direction, for the purpose of enabling the debtor’s proposal to be considered by his creditors in accordance with the following provisions of this Part.
(6) The court may discharge the interim order if it is satisfied, on the application of the nominee—
(a) that the debtor has failed to comply with his obligations under subsection (2), or
(b) that for any other reason it would be inappropriate for the debtor's creditors to consider the debtor’s proposal.
(1) This section applies where a debtor (being an individual)—
(a) intends to make a proposal under this Part (but an interim order has not been made in relation to the proposal and no application for such an order is pending), and
(b) if he is an undischarged bankrupt, has given notice of the proposal to the official receiver and, if there is one, the trustee of his estate,
...
(2) For the purpose of enabling the nominee to prepare a report under subsection (3), the debtor shall submit to the nominee—
(a) a document setting out the terms of the voluntary arrangement which the debtor is proposing, and
(b) a statement of his affairs containing—
(i) such particulars of his creditors and of his debts and other liabilities and of his assets as may be prescribed, and
(ii) such other information as may be prescribed.
(3) If the nominee is of the opinion that the debtor is an undischarged bankrupt, or is able to make a bankruptcy application , the nominee shall, within 14 days (or such longer period as the court may allow) after receiving the document and statement mentioned in subsection (2), submit a report to the debtor's creditors stating—
(a) whether, in his opinion, the voluntary arrangement which the debtor is proposing has a reasonable prospect of being approved and implemented, and
(b) whether, in his opinion, the debtor's creditors should consider the debtor’s proposal ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The court may—
(a) on an application made by the debtor in a case where the nominee has failed to submit the report required by this section or has died, or
(b) on an application made by the debtor or the nominee in a case where it is impracticable or inappropriate for the nominee to continue to act as such,
direct that the nominee shall be replaced as such by another person qualified to act as an insolvency practitioner, or authorised to act as nominee, in relation to the voluntary arrangement.
(5) The court may, on an application made by the nominee, extend the period within which the nominee is to submit his report.
257 Consideration of debtor's proposal by creditors
(1) This section applies where it has been reported to the court under section 256 or to the debtor's creditors under section 256A that the debtor's creditors should consider the debtor's proposal.
(2) The nominee (or the nominee's replacement under section 256(3) or 256A(4)) must seek a decision from the debtor's creditors as to whether they approve the proposed voluntary arrangement (unless, in the case of a report to which section 256 applies, the court otherwise directs).
(2A) The decision is to be made by a creditors' decision procedure.
(2B) Notice of the creditors' decision procedure must be given to every creditor of the debtor of whose claim and address the nominee (or the nominee's replacement) is aware.
(3) For this purpose the creditors of a debtor who is an undischarged bankrupt include—
(a) every person who is a creditor of the bankrupt in respect of a bankruptcy debt, and
(b) every person who would be such a creditor if the bankruptcy had commenced on the date on which notice of the creditors' decision procedure is given.
(1) This section applies where under section 257 the debtor's creditors are asked to decide whether to approve the proposed voluntary arrangement.
(2) The creditors may approve the proposed voluntary arrangement with or without modifications, but shall not approve it with modifications unless the debtor consents to each modification.
(3) The modifications subject to which the proposed voluntary arrangement may be approved may include one conferring the functions proposed to be conferred on the nominee on another person qualified to act as an insolvency practitioner or authorised to act as nominee, in relation to the voluntary arrangement.
But they shall not include any modification by virtue of which the proposal ceases to be a proposal under this Part.
(4) The creditors shall not approve any proposal or modification which affects the right of a secured creditor of the debtor to enforce his security, except with the concurrence of the creditor concerned.
(5) Subject as follows, the creditors shall not approve any proposal or modification under which—
(a) any preferential debt of the debtor is to be paid otherwise than in priority to such of his debts as are not preferential debts, ...
(aa) any ordinary preferential debt of the debtor is to be paid otherwise than in priority to any secondary preferential debts that the debtor may have,
(b) a preferential creditor of the debtor is to be paid an amount in respect of an ordinary preferential debt that bears to that debt a smaller proportion than is borne to another ordinary preferential debt by the amount that is to be paid in respect of that other debt , ...
(c) a preferential creditor of the debtor is to be paid an amount in respect of a secondary preferential debt that bears to that debt a smaller proportion than is borne to another secondary preferential debt by the amount that is to be paid in respect of that other debt. or
(d) if the debtor is a relevant financial institution (see section 387A), any non-preferential debt is to be paid otherwise than in accordance with the rules in section 328(3A) (reading references to the bankrupt as references to the debtor),
However, the creditors may approve such a proposal or modification with the concurrence of the ... creditor concerned.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In this section “preferential debt” , "ordinary preferential debt” and “secondary preferential debt” each has the meaning given by section 386 in Part XII; and “preferential creditor” is to be construed accordingly.
(1) When pursuant to section 257 the debtor's creditors have decided whether to approve the debtor's proposal (with or without modifications), the nominee (or the nominee's replacement under section 256(3) or 256A(4)) must—
(a) give notice of the creditors' decision to such persons as may be prescribed, and
(b) where the creditors considered the debtor's proposal pursuant to a report to the court under section 256(1)(aa), report the creditors' decision to the court.
(2) If the report is that the creditors have declined (with or without modifications) to approve the voluntary arrangement proposed under section 256, the court may discharge any interim order which is in force in relation to the debtor.
(1) This section has effect where pursuant to section 257 the debtor's creditors decide to approve the proposed voluntary arrangement (with or without modifications).
(2) The approved arrangement—
(a) takes effect as if made by the debtor at the time the creditors decided to approve the proposal, and
(b) binds every person who in accordance with the rules—
(i) was entitled to vote in the creditors' decision procedure by which the decision to approve the proposal was made, or
(ii) would have been so entitled if he had had notice of it,
as if he were a party to the arrangement.
(2A) If—
(a) when the arrangement ceases to have effect any amount payable under the arrangement to a person bound by virtue of subsection (2)(b)(ii) has not been paid, and
(b) the arrangement did not come to an end prematurely,
the debtor shall at that time become liable to pay to that person the amount payable under the arrangement.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Any interim order in force in relation to the debtor immediately before the end of the period of 28 days beginning with the day on which the report with respect to the creditors’ decision was made to the court under section 259 ceases to have effect at the end of that period.
This subsection applies except to such extent as the court may direct for the purposes of any application under section 262 below.
(5) Where proceedings on a bankruptcy petition have been stayed by an interim order which ceases to have effect under subsection (4), that petition is deemed, unless the court otherwise orders, to have been dismissed.
(1) This section applies where—
(a) pursuant to section 257 the debtor's creditors decide to approve the proposed voluntary arrangement (with or without modifications), and
(b) the debtor is an undischarged bankrupt.
(2) Where this section applies the court shall annul the bankruptcy order on an application made—
(a) by the bankrupt, or
(b) where the bankrupt has not made an application within the prescribed period, by the official receiver.
(3) An application under subsection (2) may not be made—
(a) during the period specified in section 262(3)(a) during which the creditors' decision can be challenged by application under section 262,
(b) while an application under that section is pending, or
(c) while an appeal in respect of an application under that section is pending or may be brought.
(4) Where this section applies the court may give such directions about the conduct of the bankruptcy and the administration of the bankrupt’s estate as it thinks appropriate for facilitating the implementation of the approved voluntary arrangement.
(1) Subject to this section, an application to the court may be made, by any of the persons specified below, on one or both of the following grounds, namely—
(a) that a voluntary arrangement approved by a decision of the debtor's creditors pursuant to section 257 unfairly prejudices the interests of a creditor of the debtor;
(b) that there has been some material irregularity in relation to a creditors' decision procedure instigated under that section.
(2) The persons who may apply under this section are—
(a) the debtor;
(b) a person who—
(i) was entitled, in accordance with the rules, to vote in the creditors' decision procedure, or
(ii) would have been so entitled if he had had notice of it
(c) the nominee (or his replacement under section 256(3), 256A(4) or 258(3)); and
(d) if the debtor is an undischarged bankrupt, the trustee of his estate or the official receiver.
(3) An application under this section shall not be made
(a) after the end of the period of 28 days beginning with the day on which the creditors decided whether to approve the proposed voluntary arrangement or, where a report was required to be made to the court under section 259(1)(b), the day on which the report was made or
(b) in the case of a person who was not given notice of the creditors' decision procedure, after the end of the period of 28 days beginning with the day on which he became aware that a decision as to whether to approve the proposed voluntary arrangement had been made,
but (subject to that) an application made by a person within subsection (2)(b)(ii) on the ground that the arrangement prejudices his interests may be made after the arrangement has ceased to have effect, unless it has come to an end prematurely.
(4) Where on an application under this section the court is satisfied as to either of the grounds mentioned in subsection (1), it may do one or both of the following, namely—
(a) revoke or suspend any approval given by a decision of the debtor's creditors;
(b) direct any person to seek a decision from the debtor's creditors (using a creditors' decision procedure) as to whether they approve—
(i) any revised proposal the debtor may make, or
(ii) in a case falling within subsection (1)(b), the debtor's original proposal.
(5) Where at any time after giving a direction under subsection (4)(b) in relation to a revised proposal the court is satisfied that the debtor does not intend to submit such a proposal, the court shall revoke the direction and revoke or suspend any approval previously given by the debtor's creditors.
(6) Where the court gives a direction under subsection (4)(b), it may also give a direction continuing or, as the case may require, renewing, for such period as may be specified in the direction, the effect in relation to the debtor of any interim order.
(7) In any case where the court, on an application made under this section with respect to a creditors’ decision, gives a direction under subsection (4)(b) or revokes or suspends an approval under subsection (4)(a) or (5), the court may give such supplemental directions as it thinks fit and, in particular, directions with respect to—
(a) things done since the decision under any voluntary arrangement approved by the meeting, and
(b) such things done since the decision as could not have been done if any interim order had been in force in relation to the debtor when they were done.
(8) Except in pursuance of the preceding provisions of this section, the approval of a voluntary arrangement by a decision of the debtor's creditors pursuant to section 257 is not invalidated by any irregularity in relation to the creditors' decision procedure by which the decision was made.
(1) If for the purpose of obtaining the approval of his creditors to a proposal for a voluntary arrangement, the debtor—
(a) makes any false representation, or
(b) fraudulently does, or omits to do, anything,
he commits an offence.
(2) Subsection (1) applies even if the proposal is not approved.
(3) A person guilty of an offence under this section is liable to imprisonment or a fine, or both.
(1) This section applies where a voluntary arrangement approved by a decision of the debtor's creditors pursuant to section 257 has taken effect.
(2) If it appears to the nominee or supervisor that the debtor has been guilty of any offence in connection with the arrangement for which he is criminally liable, he shall forthwith—
(a) report the matter to the Secretary of State, and
(b) provide the Secretary of State with such information and give the Secretary of State such access to and facilities for inspecting and taking copies of documents (being information or documents in his possession or under his control and relating to the matter in question) as the Secretary of State requires.
(3) Where a prosecuting authority institutes criminal proceedings following any report under subsection (2), the nominee or, as the case may be, supervisor shall give the authority all assistance in connection with the prosecution which he is reasonably able to give.
For this purpose, “prosecuting authority” means the Director of Public Prosecutions or the Secretary of State.
(4) The court may, on the application of the prosecuting authority, direct a nominee or supervisor to comply with subsection (3) if he has failed to do so.
For the purposes of this Part, a voluntary arrangement approved by a decision of the debtor's creditors pursuant to section 257 comes to an end prematurely if, when it ceases to have effect, it has not been fully implemented in respect of all persons bound by the arrangement by virtue of section 260(2)(b)(i).
263 Implementation and supervision of approved voluntary arrangement.
(1) This section applies where a voluntary arrangement approved by a decision of the debtor's creditors pursuant to section 257 has taken effect.
(2) The person who is for the time being carrying out, in relation to the voluntary arrangement, the functions conferred by virtue of the approval on the nominee (or his replacement under section 256(3), 256A(4) or 258(3)) shall be known as the supervisor of the voluntary arrangement.
(3) If the debtor, any of his creditors or any other person is dissatisfied by any act, omission or decision of the supervisor, he may apply to the court; and on such an application the court may—
(a) confirm, reverse or modify any act or decision of the supervisor,
(b) give him directions, or
(c) make such other order as it thinks fit.
(4) The supervisor may apply to the court for directions in relation to any particular matter arising under the voluntary arrangement.
(5) The court may, whenever—
(a) it is expedient to appoint a person to carry out the functions of the supervisor, and
(b) it is inexpedient, difficult or impracticable for an appointment to be made without the assistance of the court, make an order appointing a person who is qualified to act as an insolvency practitioner or authorised to act as supervisor, in relation to the voluntary arrangement, either in substitution for the existing supervisor or to fill a vacancy.
...
(6) The power conferred by subsection (5) is exercisable so as to increase the number of persons exercising the functions of the supervisor or, where there is more than one person exercising those functions, so as to replace one or more of those persons.
(1) An individual may make an application to an adjudicator in accordance with this Chapter for a bankruptcy order to be made against him or her.
(2) An individual may make a bankruptcy application only on the ground that the individual is unable to pay his or her debts.
263I Debtors against whom an adjudicator may make a bankruptcy order
(1) An adjudicator has jurisdiction to determine a bankruptcy application only if—
(a) the centre of the debtor's main interests is in England and Wales, or
(ab) the centre of the debtor's main interests is in a member State (other than Denmark) and the debtor has an establishment in England and Wales, or
(b) ... the test in subsection (2) is met.
(2) The test is that—
(a) the debtor is domiciled in England and Wales, or
(b) at any time in the period of three years ending with the day on which the application is made to the adjudicator, the debtor—
(i) has been ordinarily resident, or has had a place of residence, in England and Wales, or
(ii) has carried on business in England and Wales.
(3) The reference in subsection (2) to the debtor carrying on business includes—
(a) the carrying on of business by a firm or partnership of which the debtor is a member, and
(b) the carrying on of business by an agent or manager for the debtor or for such a firm or partnership.
(4) In this section, references to the centre of the debtor's main interests have the same meaning as in Article 3 of the EU Regulation.
(5) In this section “establishment” has the same meaning as in Article 2(10) of the EU Regulation.
263J Conditions applying to bankruptcy application
(1) A bankruptcy application must include—
(a) such particulars of the debtor's creditors, debts and other liabilities, and assets, as may be prescribed, and
(b) such other information as may be prescribed.
(2) A bankruptcy application is not to be regarded as having been made unless any fee or deposit required in connection with the application by an order under section 415 has been paid to such person, and within such period, as may be prescribed.
(3) A bankruptcy application may not be withdrawn.
(4) A debtor must notify the adjudicator if, at any time before a bankruptcy order is made against the debtor or the adjudicator refuses to make such an order—
(a) the debtor becomes able to pay his or her debts, or
(b) a bankruptcy petition has been presented to the court in relation to the debtor.
(1) After receiving a bankruptcy application, an adjudicator must determine whether the following requirements are met—
(a) the adjudicator had jurisdiction under section 263I to determine the application on the date the application was made,
(b) the debtor is unable to pay his or her debts at the date of the determination,
(c) no bankruptcy petition is pending in relation to the debtor at the date of the determination, and
(d) no bankruptcy order has been made in respect of any of the debts which are the subject of the application at the date of the determination.
(2) If the adjudicator is satisfied that each of the requirements in subsection (1) are met, the adjudicator must make a bankruptcy order against the debtor.
(3) If the adjudicator is not so satisfied, the adjudicator must refuse to make a bankruptcy order against the debtor.
(4) The adjudicator must make a bankruptcy order against the debtor or refuse to make such an order before the end of the prescribed period (“the determination period”).
263L Adjudicator's requests for further information
(1) An adjudicator may at any time during the determination period request from the debtor information that the adjudicator considers necessary for the purpose of determining whether a bankruptcy order must be made.
(2) The adjudicator may specify a date before which information requested under subsection (1) must be provided; but that date must not be after the end of the determination period.
(3) If the rules so prescribe, a request under subsection (1) may include a request for information to be given orally.
(4) The rules may make provision enabling or requiring an adjudicator to request information from persons of a prescribed description in prescribed circumstances.
(1) This section applies where an adjudicator makes a bankruptcy order as a result of a bankruptcy application.
(2) The order must be made in the prescribed form.
(3) The adjudicator must—
(a) give a copy of the order to the debtor, and
(b) give notice of the order to persons of such description as may be prescribed.