Section 112B — Tribunals, Courts and Enforcement Act 2007: Power to make order

Power to make order 112B 1 The county court may make an administration order if the conditions in subsections (2) to (7) are met.

2 The order must be made in respect of an individual who is a debtor under two or more qualifying debts.

3 That individual (“ the debtor ”) must not be a debtor under any business debts.

4 The debtor must not be excluded under any of the following—

a the AO exclusion;

b the voluntary arrangement exclusion;

c the bankruptcy exclusion.

5 The debtor must be unable to pay one or more of his qualifying debts.

6 The total amount of the debtor's qualifying debts must be less than, or the same as, the prescribed maximum.

7 The debtor's surplus income must be more than the prescribed minimum.

8 Before making an administration order, the county court must have regard to any representations made—

a by any person about why the order should not be made, or b by a creditor under a debt about why the debt should not be taken into account in calculating the total amount of the debtor's qualifying debts.