Personal Insolvency Act 2012

Discharge from specified qualifying debts.

46.— (1) Where a Debt Relief Notice ceases to have effect (other than where it is terminated under this Chapter), the specified debtor shall, subject to this section, stand discharged from the specified qualifying debts concerned and all interest, penalties and other sums which have, since the application date, become payable in relation to those debts.

(2) Where a specified debtor stands discharged from the specified qualifying debts under subsection (1), the Insolvency Service shall, without delay and, in any event, within 3 months—

(a) remove from the Register of Debt Relief Notices all information recorded in it in respect of the Debt Relief Notice,

(b) send a notice to the specified creditors informing them of that fact, and

(c) issue to the specified debtor a certificate (“Debt Relief Certificate”) confirming the discharge.

(3) Subsection (1) is without prejudice to a specified debtor’s obligations under section 36 (2) and (3).

(4) The discharge of the specified debtor under subsection (1) does not release any other person from—

(a) any liability (whether as partner or co-trustee of the specified debtor or otherwise) from which the specified debtor is discharged, or

(b) any liability as surety for the specified debtor or as a person in the nature of such a surety.

(5) Subsection (1) shall not affect the right of a secured creditor to enforce or otherwise deal with his or her security.