Rule 6.174 Bankrupt unfit for examinationI1

England and Wales

(1)

[FORM 6.57] Where the bankrupt F1is a person who lacks capacity within the meaning of the Mental Capacity Act 2005 or is suffering from any F2... or physical affliction or disability rendering him unfit to undergo or attend for public examination, the court may, on application in that behalf, either stay the order for his public examination or direct that it shall be conducted in such manner and at such place as it thinks fit.

(2)

Application under this Rule shall be made—

(a)

by a person who has been appointed by a court in the United Kingdom or elsewhere to manage the affairs of, or to represent, the bankrupt, or

(b)

by a relative or friend of the bankrupt whom the court considers to be a proper person to make the application, or

(c)

by the official receiver.

(3)

Where the application is made by a person other than the official receiver, then—

(a)

it shall, unless the bankrupt is a F3person who lacks capacity within the meaning of the Mental Capacity Act 2005, be supported by the affidavit of a registered medical practitioner as to the bankrupt's mental and physical condition;

(b)

at least 7 days' notice of the application shall be given to the official receiver and the trustee (if any); and

(c)

before any order is made on the application, the applicant shall deposit with the official receiver such sum as the latter certifies to be necessary for the additional expenses of any examination that may be ordered on the application.

An order made on the application may provide that the expenses of the examination are to be payable, as to a specified proportion, out of the deposit under sub-paragraph (c), instead of out of the estate.

(4)

Where the application is made by the official receiver, it may be made ex parte, and may be supported by evidence in the form of a report by the official receiver to the court.

Annotations

Textual amendments

F1: Words in rule 6.174(1) inserted (1.10.2007) by The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007 (S.I. 2007/1898), art. 1, Sch. 1 para. 12(3)(a)(ii)
F2: Words in rule 6.174(1) omitted (1.10.2007) by virtue of The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007 (S.I. 2007/1898), art. 1, Sch. 1 para. 12(3)(a)(i)
F3: Words in rule 6.174(3)(a) substituted (1.10.2007) by The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007 (S.I. 2007/1898), art. 1, Sch. 1 para. 12(3)(b)

Commencement

I1: Rule 6.174 in force at 29.12.1986, see rule 0.1