Section 117W — Tribunals, Courts and Enforcement Act 2007: The ERO, voluntary arrangement and bankruptcy exclusions

The ERO, voluntary arrangement and bankruptcy exclusions 117W 1 The debtor is excluded under the ERO exclusion if—

a an enforcement restriction order currently has effect in respect of him, or b an enforcement restriction order has previously had effect in respect of him, and the period of 12 months — beginning with the day when that order ceased to have effect — has yet to finish.

2 But in a case that falls within subsection (1)(b), the debtor is not excluded under the ERO exclusion if the previous enforcement restriction order—

a ceased to have effect in accordance with any of the provisions listed in section 117H(7) (effect of administration order or debt relief order on enforcement restriction order), or b was revoked in accordance with section 117O(1)(b) (debtor no longer has any qualifying debts).

3 The debtor is excluded under the voluntary arrangement exclusion if—

a an interim order under section 252 of the Insolvency Act 1986 has effect in respect of him (interim order where debtor intends to make proposal for voluntary arrangement), or b he is bound by a voluntary arrangement approved under Part 8 of the Insolvency Act 1986.

4 The debtor is excluded under the bankruptcy exclusion if—

a a petition for a bankruptcy order to be made against him has been presented but not decided, or b he is an undischarged bankrupt.