Article 19 Release from duty to submit statement of affairs; extension of time

The power of the SMCL administrator under paragraph 48(2) of Schedule B1 to the 1986 Act to revoke a requirement to provide a statement of affairs or to extend the period within which it must be submitted may be exercised at the SMCL administrator’s own discretion or at the request of a nominated person.

The nominated person may apply to the court if the SMCL administrator refuses that person’s request for a revocation or extension.

The court may, if it thinks that no sufficient cause is shown for the application, dismiss it without giving notice to any party other than the applicant.

If the application is not dismissed, the court must fix a venue for it to be heard, and give notice to the applicant accordingly.

The applicant must, at least 14 days before the hearing, deliver to the SMCL administrator a notice stating the venue with a copy of the application and of any evidence on which the applicant intends to rely.

The SMCL administrator may appear and be heard on the application and, whether or not the SMCL administrator appears, the SMCL administrator may file a report of any matters which the SMCL administrator considers ought to be drawn to the court’s attention.

If such a report is filed, the SMCL administrator must deliver a copy of it to the applicant not less than five business days before the date fixed for the hearing.

Sealed copies of any order made on the application must be delivered by the court to the applicant and the SMCL administrator.

On an application under this Rule, the applicant’s costs must be paid by the applicant in any event, but the court may order that an allowance of all or part of them may be payable as an expense of the SMCL administration.