Section 251C — Tribunals, Courts and Enforcement Act 2007: Duty of official receiver to consider and determine application

Duty of official receiver to consider and determine application 251C 1 This section applies where an application for a debt relief order is made.

2 The official receiver may stay consideration of the application until he has received answers to any queries raised with the debtor in relation to anything connected with the application.

3 The official receiver must determine the application by—

a deciding whether to refuse the application;

b if he does not refuse it, by making a debt relief order in relation to the specified debts he is satisfied were qualifying debts of the debtor at the application date; but he may only refuse the application if he is authorised or required to do so by any of the following provisions of this section.

4 The official receiver may refuse the application if he considers that—

a the application does not meet all the requirements imposed by or under section 251B;

b any queries raised with the debtor have not been answered to the satisfaction of the official receiver within such time as he may specify when they are raised;

c the debtor has made any false representation or omission in making the application or on supplying any information or documents in support of it.

5 The official receiver must refuse the application if he is not satisfied that—

a the debtor is an individual who is unable to pay his debts;

b at least one of the specified debts was a qualifying debt of the debtor at the application date;

c each of the conditions set out in Part 1 of Schedule 4ZA is met.

6 The official receiver may refuse the application if he is not satisfied that each condition specified in Part 2 of Schedule 4ZA is met.

7 If the official receiver refuses an application he must give reasons for his refusal to the debtor in the prescribed manner.

8 In this section “ specified debt ” means a debt specified in the application.