{
  "url": "https://openlegislation.uk/insolvency-rules-northern-ireland-1991/rule-7.40",
  "json_url": "https://openlegislation.uk/insolvency-rules-northern-ireland-1991/rule-7.40.json",
  "legislation": "nisr/1991/364",
  "legislation_title": "The Insolvency Rules (Northern Ireland) 1991",
  "legislation_url": "https://openlegislation.uk/insolvency-rules-northern-ireland-1991",
  "path": "rule/7.40",
  "kind": "rule",
  "number": "7.40",
  "heading": "Affidavit in support of application",
  "text": "(1) Except where made by the official receiver, an application under Rule 7.39(3) shall, subject to paragraph (3), be supported by an affidavit of a registered medical practitioner as to the mental or physical condition of the incapacitated person.\n(2) In the excepted case, the application shall, subject to paragraph (3), be supported by a report by the official receiver referring to a report from a registered medical practitioner as to the mental or physical condition of the incapacitated person.\n(3) The affidavit of, or report by, a registered medical practitioner shall not be required where the incapacitated person is a patient within the meaning of the Mental Health (Northern Ireland) Order 1986.\n[E.R.7.45]",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "substituted",
      "affecting": "nisr/2000/247",
      "affecting_title": "The Insolvency (Amendment) Rules (Northern Ireland) 2000"
    },
    {
      "type": "words inserted",
      "affecting": "nisr/2006/47",
      "affecting_title": "The Insolvency (Amendment) Rules (Northern Ireland) 2006"
    },
    {
      "type": "inserted",
      "affecting": "nisr/2008/118",
      "affecting_title": "The Insolvency (Amendment) Rules (Northern Ireland) 2008"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied with modifications by rule 58",
      "affecting": "nisr/2009/63",
      "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied and modified",
      "affecting": "nisr/2009/64",
      "affecting_title": "The Bank Insolvency Rules (Northern Ireland) 2009"
    },
    {
      "type": "applied (with modifications)",
      "affecting": "nisr/2009/122",
      "affecting_title": "The Bank Insolvency (No. 2) Rules (Northern Ireland) 2009"
    },
    {
      "type": "word omitted",
      "affecting": "nisr/2023/15",
      "affecting_title": "The Insolvency (Amendment) Rules (Northern Ireland) 2023"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1991/364/rule/7.40",
    "retrieved_at": "2026-10-29T03:01:04.461259+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}