Section 117B — Tribunals, Courts and Enforcement Act 2007: Power to make order

Power to make order 117B 1 The county court may make an enforcement restriction order if the conditions in subsections (2) to (8) 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 ERO 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 debtor must be suffering from a sudden and unforeseen deterioration in his financial circumstances.

7 There must be a realistic prospect that the debtor's financial circumstances will improve within the period of six months beginning when the order is made.

8 It must be fair and equitable to make the order.

9 Before making an enforcement restriction order, the county court must have regard to any representations made by any person about why the order should not be made.

10 Subsection (9) is subject to Civil Procedure Rules.