Personal Insolvency Act 2012

Application by Insolvency Service for direction of court.

41.— (1) The Insolvency Service may, during the supervision period concerned, make an application to the appropriate court for directions in relation to a matter arising in connection with a Debt Relief Notice, including a matter relating to the specified debtor’s compliance with an obligation under section 36 .

(2) An application under subsection (1) shall be made by the lodging by the Insolvency Service of a notice with the appropriate court, on notice to the specified debtor.

(3) On an application under this section the court may do one or more of the following—

(a) give the Insolvency Service such directions as it deems appropriate,

(b) make an order for the enforcement of an obligation of the specified debtor under section 36 ,

(c) extend the supervision period concerned,

(d) make an order amending the Debt Relief Notice, or

(e) make such other order as it deems appropriate.

(4) The power conferred on the court under subsection (3)(d), section 42 (3)(d), section 43 (5)(c) and section 44 (4)(d) does not include the power to specify in a Debt Relief Notice, as a specified qualifying debt, any debt that was not included in the schedule referred to in section 29 (2)(d) or in any information provided, or documents submitted, by the specified debtor, or on his or her behalf, for the purpose of his or her application for that Notice.