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Rule 6.251 Application under paragraph 9(3) of Schedule 4A to the Act to annul a bankruptcy restrictions undertakingF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

  • rule 4.54(5-CVL) substituted for rule 4.54(5) by Insolvency 2010 Sch. 1 para. 179(5)
(1)

An application under paragraphs 9(3)(a) or (b) of Schedule 4A to the Act shall be supported by an affidavit stating the grounds on which it is made.

(2)

The bankrupt shall give notice of the application and the venue, together with a copy of the affidavit supporting his application to the Secretary of State at least 28 days before the date fixed for the hearing.

(3)

The Secretary of State may attend the hearing and call the attention of the court to any matters which seem to him to be relevant, and may himself give evidence or call witnesses.

(4)

The court shall send a sealed copy of any order annulling or varying the bankruptcy restrictions undertaking to the Secretary of State and the bankrupt.

Annotations

Textual amendments

F1

Pt. 6 Chs. 28-30 inserted (1.4.2004) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(3), Sch. 1 para. 52