Section 251M — Tribunals, Courts and Enforcement Act 2007: Powers of court in relation to debt relief orders
Text of the provision Official document
Powers of court in relation to debt relief orders 251M 1 Any person may make an application to the court if he is dissatisfied by any act, omission or decision of the official receiver in connection with a debt relief order or an application for such an order.
2 The official receiver may make an application to the court for directions or an order in relation to any matter arising in connection with a debt relief order or an application for such an order.
3 The matters referred to in subsection (2) include, among other things, matters relating to the debtor's compliance with any duty arising under section 251J.
4 An application under this section may, subject to anything in the rules, be made at any time.
5 The court may extend the moratorium period applicable to a debt relief order for the purposes of determining an application under this section.
6 On an application under this section the court may dismiss the application or do one or more of the following—
a quash the whole or part of any act or decision of the official receiver;
b give the official receiver directions (including a direction that he reconsider any matter in relation to which his act or decision has been quashed under paragraph (a));
c make an order for the enforcement of any obligation on the debtor arising by virtue of a duty under section 251J;
d extend the moratorium period applicable to the debt relief order;
e make an order revoking or amending the debt relief order;
f make an order under section 251N; or g make such other order as the court thinks fit.
7 An order under subsection (6)(e) for the revocation of a debt relief order—
a may be made during the moratorium period applicable to the debt relief order or at any time after that period has ended;
b may be made on the court's own motion if the court has made a bankruptcy order in relation to the debtor during that period;
c may provide for the revocation of the order to take effect on such terms and at such a time as the court may specify.
8 An order under subsection (6)(e) for the amendment of a debt relief order may not add any debts that were not specified in the application for the debt relief order to the list of qualifying debts.
Official source: legislation.gov.uk
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