Section 117O — Tribunals, Courts and Enforcement Act 2007: Duty to revoke order

Duty to revoke order 117O 1 The ... county court must revoke an enforcement restriction order in either of these cases—

a where it becomes apparent that, at the time the order was made, the condition in subsection 117B(2) was not met (debtor in fact did not have two or more qualifying debts);

b where the debtor is no longer a debtor under any qualifying debts.

2 The ... county court must revoke an enforcement restriction order in either of these cases—

a where it becomes apparent that, at the time the order was made, the condition in subsection 117B(3) was not met (debtor in fact had business debt),

and he is still a debtor under the business debt, or any of the business debts, in question;

b where the debtor subsequently becomes a debtor under a business debt, and he is still a debtor under that debt.

3 The ... county court must revoke an enforcement restriction order where it becomes apparent that, at the time the order was made, the condition in section 117B(4) was not met (debtor in fact excluded under ERO, voluntary arrangement or bankruptcy exclusion).

4 The ... county court must revoke an enforcement restriction order where, after the order is made—

a the debtor becomes excluded under the voluntary arrangement exclusion, or b a bankruptcy order is made against the debtor, and is still in force.

5 The ... county court must revoke an enforcement restriction order in either of these cases—

a where it becomes apparent that, at the time the order was made, the condition in section 117B(5) was not met (debtor in fact able to pay qualifying debts);

b where the debtor is now able to pay all of his qualifying debts.

6 The ... county court must revoke an enforcement restriction order in either of these cases—

a where it becomes apparent that, at the time the order was made, the condition in section 117B(6) was not met (debtor in fact not suffering from sudden and unforeseen deterioration in financial circumstances);

b where the debtor is no longer suffering from the deterioration in financial circumstances which was taken into account for the purposes of section 117B(6) (even if he is suffering from some other sudden and unforeseen deterioration in his financial circumstances).

7 The ... county court must revoke an enforcement restriction order in either of these cases—

a where it becomes apparent that, at the time the order was made, the condition in section 117B(7) was not met (in fact no realistic prospect of improvement in debtor's financial circumstances);

b where there is no longer a realistic prospect that the debtor's financial circumstances will improve during the period within which the order would continue to have effect (if not revoked).

8 The ... county court must revoke an enforcement restriction order in either of these cases—

a where it becomes apparent that, at the time the order was made, the condition in section 117B(8) was not met (not in fact fair and equitable to make order);

b where it is not fair and equitable for the order to continue to have effect.