Any powers conferred on the court by Part VI of the Act, section 4 of the Attachment of Earnings Act 1971¹ or this order may be exercised by a judge of the County Court or, in the circumstances mentioned in this order, by the court officer.

(1) A debtor who desires to obtain an administration order under Part VI of the Act shall file a request in that behalf at the County Court hearing centre which serves the address where the debtor resides or carries on business.

(2) Where on examination under CPR Part 71, or otherwise, a debtor furnishes to the court on oath a list of  creditors and the amounts which owed to them respectively and sufficient particulars of the debtor's resources and needs, the court may proceed as if the debtor had filed a request under paragraph (1).

(3) Where a debtor is ordered to furnish a list under section 4(1)(b) of the said Act of 1971, then, unless otherwise directed, the list shall be filed within 14 days after the making of the order.

The statements in the request mentioned in rule 2(1) and the list mentioned in rule 2(3) shall be verified by the debtor on oath.

(1) The question whether an administration order should be made, and the terms of such an order, may be decided by the court officer in accordance with the provisions of this rule.

(2) On the filing of a request or list under rule 2, the court officer may, if the court officer considers that the debtor’s means are sufficient to discharge in full and within a reasonable period the total amount of the debts included in the list, determine the amount and frequency of the payments to be made under such an order (‘the proposed rate’) and –

Objections under sub-paragraph (c) may be to the making of an order, to the proposed rate or to the inclusion of a particular debt in the order.

(3) Where no objection under paragraph (2)(a) or (c) is received within the time stated, the court officer may make an administration order providing for payment in full of the total amount of the debts included in the list.

(4) Where the debtor or a creditor notifies the court of any objection within the time stated, the court officer shall fix a day for a hearing at which the court will decide whether an administration order should be made and the court officer shall give not less than 14 days’ notice of the day so fixed to the debtor and to each creditor mentioned in the list provided by the debtor.

(5) Where the court officer is unable to fix a rate under paragraph (2) (whether because the court officer considers that the debtor’s means are insufficient or otherwise), the request shall be referred to the court.

(6) Where the court considers that it is able to do so without the attendance of the parties, the proposed rate providing for payment of the debts included in the list may be fixed in full or to such extent and within such a period as appears practicable in the circumstances of the case.

(7) Where the proposed rate is fixed under paragraph (6), paragraphs (2) to (4) shall apply with the necessary modifications as if the rate had been fixed by the court officer.

(8) Where the court does not fix the proposed rate under paragraph (6), it will direct the court officer to fix a day for a hearing at which the court will decide whether an administration order should be made and the court officer shall give not less than 14 days’ notice of the day so fixed to the debtor and to each creditor mentioned in the list provided by the debtor.

(9) Where an administration order is made under paragraph (3), the court officer may exercise the power of the court under section 5 of the Attachment of Earnings Act 1971 to make an attachment of earnings order to secure the payments required by the administration order.

(1) Any creditor to whom notice has been given under rule 5(8) and who objects to any debt included in the list furnished by the debtor shall, not less than 7 days before the day of hearing, give notice of that objection, stating the grounds thereof, to the court officer, to the debtor and to the creditor to whose debt the objection is made.

(2) Except with the permission of the court, no creditor may object to a debt unless that creditor has given notice of the objection under paragraph (1).

On the day of the hearing –

(1) The court may, on making an administration order or at any subsequent time, direct that the order shall be subject to review at such time or at such intervals as the court may specify.

(2) Where the court has directed that an administration order shall be subject to review, the court officer shall give to the debtor and to every creditor who appeared when the order was made not less than 7 days’ notice of any day appointed for such a review.

(3) Nothing in this rule shall require the court officer to fix a day for a review under rule 13A.

Where an administration order is made, the court officer shall send a copy to –

(1) After an administration order has been made, a creditor who has not received notice under rule 5 and who wishes to object to a debt scheduled to the order, or to the manner in which payment is directed to be made by instalments, shall give notice to the court officer of that objection and of the grounds thereof.

(2) On receipt of such notice the court shall consider the objection and may –

(3) Without prejudice to the generality of paragraph (2), the court may dismiss an objection if it is not satisfied that the creditor gave notice of it within a reasonable time of the creditor becoming aware of the administration order.

(1) Any creditor whose debt is not scheduled to an administration order, and any person who after the date of the order became a creditor of the debtor, shall, if that creditor wishes to prove that debt, send particulars of the claim to the court officer, who shall give notice of it to the debtor and to every creditor whose debt is so scheduled.

(2) If neither the debtor nor any creditor gives notice to the court officer, within 7 days after receipt of notice under paragraph (1), that they object to the claim, then, unless it is required by the court to be supported by evidence, the claim shall be taken to be proved.

(3) If the debtor or a creditor gives notice of objection within the said period of 7 days or the court requires the claim to be supported by evidence, the court officer shall fix a day for consideration of the claim and give notice of it to the debtor, the creditor by whom the claim was made and the creditor, if any, making the objection, and on the hearing the court may either disallow the claim or allow it in whole or in part.

(4) If a claim is taken to be proved under paragraph (2) or allowed under paragraph (3), the debt shall be added to the schedule to the order and a copy of the order shall then be sent to the creditor by whom the claim was made.

An application by a creditor under section 112(4) of the Act² for permission to present or join in a bankruptcy petition shall be made on notice to the debtor in accordance with CPR Part 23, but the court may, if it thinks fit, order that notice be given to any other creditor whose debt is scheduled to the administration order.

(1) The court manager or such other officer of the court as the court making an administration order shall from time to time appoint shall have the conduct of the order and shall take all proper steps to enforce the order (including exercising the power of the court under section 5 of the Attachment of Earnings Act 1971 to make an attachment of earnings order to secure payments required by the administration order) or to bring to the attention of the court any matter which may make it desirable to review the order.

(2) Without prejudice to section 115 of the Act, any creditor whose debt is scheduled to the order may, with the permission of the court, take proceedings to enforce the order.

(3) The debtor or, with the permission of the court, any such creditor may apply to the court to review the order.

(4) When on a matter being brought to its attention under paragraph (1) the court so directs or the debtor or a creditor applies for the review of an administration order, rule 8(2) shall apply as if the order were subject to review under that rule.

(5) Nothing in this rule shall require the court officer to fix a day for a review under rule 13A.

(1) Where it appears that the debtor is failing to make payments in accordance with the order, the court officer shall (either of the court officer’s own initiative or on the application of a creditor whose debt is scheduled to the administration order) send a notice to the debtor –

(2) If the debtor does not comply with paragraph (1)(b) within the time stated, the court officer shall revoke the administration order.

(3) If a debtor gives notice under paragraph (1)(b)(ii), (iii) or (iv), the court may—

(4) Any party affected by an order made under paragraph (2) or (3)(a) may, within 14 days of service of the order on them and giving their reasons, apply on notice for the court to consider the matter afresh and the court officer shall fix a day for the hearing of the application and give to the debtor and to every creditor whose debt is scheduled to the administration order not less than 8 days’ notice of the day so fixed.

(5) On hearing an application under paragraph (4), the court may confirm the order or set it aside and make such new order as it thinks fit and the order so made shall be entered in the records of the court.

(1) On the review of an administration order the court may –

(2) The court officer shall send a copy of any order varying or revoking an administration order to the debtor, to every creditor whose debt is scheduled to the administration order and, if the administration order is revoked, to any other court to which a copy of the administration order was sent pursuant to rule 9.

On the revocation of an administration order any attachment of earnings order made to secure the payments required by the administration order shall be discharged.

(1) The officer having the conduct of an administration order shall from time to time declare dividends and distribute them among the creditors entitled to them.

(2) When a dividend is declared, notice shall be sent by the officer to each of the creditors.

All creditors scheduled under section 113(d) of the Act³ before an administration order is superseded under section 117(2) of the Act shall rank equally in proportion to the amount of their debts subject to the priority given by the said paragraph (d) to those scheduled as having been creditors before the date of the order, but no payment made to any creditor by way of dividend or otherwise shall be disturbed by reason of any subsequent proof by any creditor under the said paragraph (d).

(1) A debtor who changes residence shall forthwith inform the court of their new address.

(2) Where the debtor becomes resident in the district of another court, the court in which the administration order is being conducted may transfer the proceedings to that other court.