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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 20 November 2015 - onwards
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78. Coming into effect of Debt Settlement Arrangement.

(1) Where -

(a) no objection is lodged by a creditor with the appropriate court within 14 days of the giving of the notice referred to in section 75, or

(b) an objection is lodged with the appropriate court and the matter is determined by the court on the basis that the objection should not be allowed,

the appropriate court shall proceed to consider, in accordance with this section, whether to approve the coming into effect of the Debt Settlement Arrangement.

(2) For the purposes of its consideration under subsection (1), the appropriate court shall consider the notification and documents furnished to it under section 76(1) and, subject to subsection (3) -

(a) shall approve the coming into effect of the Arrangement, if satisfied that the -

(i) eligibility criteria specified in section 57 have been satisfied,

(ii) mandatory requirements referred to in section 65(2) have been complied with,

(iii) Debt Settlement Arrangement does not contain any terms that would release the debtor from an

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