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Relief Orders
Commonly Asked Questions Legislation Debt Relief Orders were introduced by the Tribunals, Courts and Enforcement Act 2007 and appear at section 108 of that Act and schedule 17 onwards. They have not yet come into force as the detail of the scheme has yet to be finalised. Much of the detail will be contained in the secondary legislation, mainly ‘The Debt Relief Orders (Designation of Competent Authorities) Regulations 2009’ (The Regulations) and ‘The Insolvency (Amendment) Rules 2009’ (The Rules). Details of the scheme were subject to earlier consultation and have been developed further with help and input from stakeholders. Although the draft is not yet law, it is not anticipated that it will significantly change. For information therefore a draft of the Regulations can be accessed here. A draft version of the Rules will be made available in due course. Consultation In 2004, the Department for Constitutional Affairs produced a paper which sought views on options to help deal with over-indebtedness and in particular, people in multiple debt. It identified proposals for providing better assistance to the ‘can't pay’ and ‘could pay’ groups.
· Click here for the DCA consultation
That consultation reflected a need to provide a form of debt relief for the ‘can’t pay’ group who were unable to access other remedies. Further details were then subject to consultation by The Insolvency Service in 2005
· Click here for the consultation · Click here for the response document
Since then various stakeholders have input into the further development of the detail, including the Intermediary Working Group. This group is made up of representatives from organisations with an interest in providing debt relief to the financially excluded.
· Click here for further details of the work of the Intermediary Working Group
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