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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 25 June 2021 - onwards
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95. Referral of application to court for issue of protective certificate.

(1) Where the Insolvency Service, following its consideration under section 94 -

(a) is satisfied that an application under section 93 is in order, it shall -

(i) issue a certificate to that effect,

(ii) furnish that certificate together with a copy of the application and the supporting documentation (other than the documents referred to in section 93(2)(f) and (g)) to the appropriate court, and

(iii) notify the personal insolvency practitioner to that effect,

and

(b) is not so satisfied, it shall notify the personal insolvency practitioner to that effect and request him or her, within 21 days from the date of the notification, to submit a revised application or to confirm that the application has been withdrawn.

(2) Where the appropriate court receives the application for a protective certificate and accompanying documentation pursuant to subsection (1)(a), it shall consider the application and documentation and, subject to subsection (3) -

(a) if satisfied that the eligibility criter

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