Rule 6.031 Action to follow making of order

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

rules 11.01-11.13 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rule 6(10)-CP(3) substituted by Insolvency 2000 rule 5
rule 4.056-CVL(2) words inserted by Insolvency 2006 Sch. 1 para. 22
rule 4.228A-4.228E inserted by Insolvency 2008 rule 5
rule 6.031(1)(a) text amended by Insolvency 2008 rule 8(a)
rule 6.031(1)(b) revoked by Insolvency 2008 rule 8(b)
rules 2.028-2.110 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 2.114-2.115 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 2.119-2.130 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.027-4.029 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.031-4.034 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.197-4.204 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.05-7.07 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.09-7.14 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.19-7.22 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.24-7.30 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.34-7.42 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.50-7.54 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 12.01-12.22 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rule 7. 13B(2) word omitted by Insolvency 2023 rule 37(1)

(1)

The court shall forthwith after the making of the bankruptcy order—

(a)

send at least 5 sealed copies (one of which shall be certified by the Master) to the official receiver,

(b)

send one sealed copy to the Clerk of the Crown, and

(c)

where the order is made against a solicitor, send one sealed copy to the Law Society of Northern Ireland.

(2)

On receiving the copy orders the official receiver shall—

(a)

forthwith send one of the uncertified copies to the bankrupt, and

(b)

subject to paragraph (3)—

(i)

send notice of the making of the order to the Enforcement of Judgments Office,

(ii)

register the order in the Registry of Deeds in accordance with section 3B(1) of the Registration of Deeds Act (Northern Ireland) 1970 ^f1

(iii)

cause the order to be advertised in such newspaper as he thinks fit, and

(iv)

cause the order to be gazetted.

(3)

The court may, on the application of the bankrupt or a creditor, order the official receiver to suspend action under paragraph (2), pending a further order of the court.

(4)

An application under paragraph (3) shall be supported by an affidavit stating the grounds on which it is made.

(5)

Where an order is made under paragraph (3), the applicant for the order shall forthwith deliver a copy of it to the official receiver.

[E.R.6.34]

Annotations

Footnotes

f1: 1970 c.25 (N.I.) as inserted by S.l. 1989/2405 (N.I. 19), Schedule 9, paragraph 77