Paragraph 5 Interim bankruptcy restrictions orderF1

(1)

This paragraph applies at any time between—

(a)

the institution of an application for a bankruptcy restrictions order, and

(b)

the determination of the application.

(2)

The court may make an interim bankruptcy restrictions order if the court thinks that—

(a)

there are prima facie grounds to suggest that the application for the bankruptcy restrictions order will be successful, and

(b)

it is in the public interest to make an interim order.

(3)

An interim order may be made only on the application of—

(a)

the Secretary of State, or

(b)

the official receiver acting on a direction of the Secretary of State.

(4)

An interim order—

(a)

shall have the same effect as a bankruptcy restrictions order, and

(b)

shall come into force when it is made.

(5)

An interim order shall cease to have effect—

(a)

on the determination of the application for the bankruptcy restrictions order,

(b)

on the acceptance of a bankruptcy restrictions undertaking made by the bankrupt, or

(c)

if the court discharges the interim order on the application of the person who applied for it or of the bankrupt.

Annotations

F1: Sch. 4A inserted (1.4.2004) by 2002 c. 40, ss. 257(2), 279, Sch. 20 (with s. 249(6)); S.I. 2003/2093, art. 2(2), Sch. 2 (subject to arts. 3-8 (as amended by S.I. 2003/2332, art. 2))