Regulation 21 Debtors who may apply for approval
Subject to paragraph (2), a debtor may apply for approval of a debt payment programme where the programme provides for the payment of two or more debts.
An application for approval may not be made where–
subject to paragraph (3), payment of a debt of a debtor is being made under a conjoined arrestment order;
a debtor is a party to a trust deed;
a debtor’s estate has been sequestrated, and the debtor has not been discharged under sections 54 (automatic discharge after 3 years) or 75 (amendments, repeals and transitional provisions) of the 1985 Act;
a debtor is a bankrupt, who has not been discharged under sections 279 (duration) or 280 (discharge by order of the court) of the 1986 Act; or
a debtor is subject to a bankruptcy restrictions order (including an interim order) or bound by a bankruptcy restrictions undertaking, under Schedule 4A (bankruptcy restrictions order and undertaking) of the 1986 Actf1.
An application may be made where a creditor, including a creditor of a debt being paid under a conjoined arrestment order in respect of another debt not so paid, has attempted to enforce a debt due by the debtor by any lawful means.
Annotations
Footnotes
- f1
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1986 c. 45. Schedule 4A was inserted by section 257 of the Enterprise Act 2002 (c. 40).