# The Insolvency (England and Wales) Rules 2016, Rule 10.109: Application for income payments order (section 310)


(1) Where the trustee applies for an income payments order under section 310, the court must fix a venue for the hearing of the application.
(2) Notice of the application and the venue must be delivered by the trustee to the bankrupt at least 28 days before the day fixed for the hearing, together with a copy of the trustee's application and a short statement of the grounds on which it is made.
(3) The notice must inform the bankrupt that—
(a) the bankrupt is required to attend the hearing unless at least five business days before the date fixed for the hearing the bankrupt files with the court and delivers to the trustee, consent to an order being made in the terms of the application; and
(b) if the bankrupt attends, the bankrupt will be given an opportunity to show cause why the order should not be made, or why a different order should be made to that applied for by the trustee.
(4) The notice must be authenticated and dated by the trustee.

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Source: https://www.legislation.gov.uk/uksi/2016/1024/rule/10.109 (the official version)
Page: https://openlegislation.uk/insolvency-england-and-wales-rules-2016/rule-10.109
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

