Insolvency Act 1986, section 251B

Making of application

Part 7A Debt relief orders

(1)An application for a debt relief order must be made to the official receiver through an approved intermediary.

(2)The application must include—

(a)a list of the debts to which the debtor is subject at the date of the application, specifying the amount of each debt (including any interest, penalty or other sum that has become payable in relation to that debt on or before that date) and the creditor to whom it is owed;

(b)details of any security held in respect of any of those debts; and

(c)such other information about the debtor's affairs (including his creditors, debts and liabilities and his income and assets) as may be prescribed.

(3)The rules may make further provision as to—

(a)the form of an application for a debt relief order;

(b)the manner in which an application is to be made; and

(c)information and documents to be supplied in support of an application.

(4)For the purposes of this Part an application is not to be regarded as having been made until—

(a)the application has been submitted to the official receiver; and

(b)any fee required in connection with the application by an order under section 415 has been paid to such person as the order may specify.

Definitions used in section 251B 4

debt relief order

“debt relief order” means an order made by the official receiver under this Part;

Defined in s.251X(1) · see it in the full Act
approved intermediary

“approved intermediary” has the meaning given in section 251U(1);

Defined in s.251X(1) · see it in the full Act

(1) In this Part “approved intermediary” means an individual for the time being approved by a competent authority to act as an intermediary between a person wishing to make an application for a debt relief order and the official receiver.

Defined in s.251U(1) · see it in the full Act
the debtor

(2) In Schedule 6 “the debtor” means the company or the individual concerned.

Defined in s.386(2) · see it in the full Act
debtor

“debtor” means—

(a)

in relation to an application for a debt relief order, the applicant; and

(b)

in relation to a debt relief order, the person in relation to whom the order is made;

Defined in s.251X(1) · see it in the full Act

Cases considering section 251B 5

Secretary of State for Work and Pensions v Payne and another

[2011] UKSC 60 · 14 December 2011

The judgment describes the procedure for applying to the official receiver for a debt relief order through a qualified intermediary (see para [8]). A debt relief order application must list the debts to which the debtor is subject at the application date (see para [9]).

Christina Sharples v Places for People Homes Ltd.

[2011] EWCA Civ 813 · 15 July 2011

Provides for a debt relief order application to be made through an approved intermediary to the official receiver. (see para [24]) Requires the debt relief order application to include a list of the debtor’s debts at the application date. (see paras [24], [78])

Secretary of State for Work & Pensions v Payne & Anor

[2010] EWCA Civ 1431 · 14 December 2010

The court uses section 251B to describe the debtor’s obligation to provide a complete list of debts and financial information in a debt relief order application. (see para [72])

What each judgment says about section 251B is in the case-law panel in the full Act.