Personal Insolvency Act 2012
Referral of application to appropriate court for issue of Debt Relief Notice. |
31.— (1) Where the Insolvency Service, following its consideration under section 30 — | |
(a) is satisfied that an application under section 29 is in order, it shall— | ||
(i) issue a certificate to that effect, | ||
(ii) furnish that certificate together with a copy of the application and supporting documentation to the appropriate court, and | ||
(iii) notify the approved intermediary to that effect, and | ||
(b) is not so satisfied, it shall notify the approved intermediary to that effect. | ||
(2) Where the appropriate court receives the application and accompanying documentation pursuant to subsection (1)(a), it shall consider the application and documentation and, subject to subsection (3)— | ||
(a) if satisfied that the criteria specified in section 26 (2) have been satisfied, shall issue a Debt Relief Notice in respect of the debts specified in the application under section 29 which it is satisfied are qualifying debts, and | ||
(b) if not so satisfied, shall refuse to issue a Debt Relief Notice. | ||
(3) The appropriate court, where it requires further information or evidence for the purpose of its arriving at a decision under subsection (2), may hold a hearing, which hearing shall be on notice to the Insolvency Service and the approved intermediary concerned. | ||
(4) A hearing referred to in subsection (3), unless the appropriate court considers it appropriate to hold it in public, shall be held otherwise than in public. | ||
(5) The registrar of the appropriate court shall notify the Insolvency Service where the appropriate court— | ||
(a) issues a Debt Relief Notice under this section, | ||
(b) refuses an application under subsection (2)(b), or | ||
(c) decides to hold a hearing referred to in subsection (3). | ||
(6) In considering an application under this section the appropriate court shall be entitled to treat a certificate issued by the Insolvency Service under subsection (1) as evidence of the matters certified therein. |