From 6 April 2016, debtors must make an online application to the adjudicator (a new insolvency office, appointed by the Secretary of State and sitting within the Insolvency Service) who will consider it. If a debtor's application provides all the prescribed information, and is considered appropriate, the adjudicator will make a bankruptcy order pursuant to its statutory jurisdiction under section 2631of the Insolvency Act 1986 (IA 1986).
Although the adjudication process is an administrative rather than a judicial process, the resulting bankruptcy order has the same statutory force under the IA 1986.
The new procedure removes the courts from the mechanics of making a debtor's bankruptcy order. However, the courts will retain their general jurisdiction over bankruptcy proceedings commenced by the adjudicator's bankruptcy order, and will also hear any appeals from the adjudicator's decision to refuse to make a bankruptcy order.
From 6 April 2016, a debtor will no longer petition the court to be made bankrupt. Instead, a debtor must apply online to the adjudicator who will make a bankruptcy order if appropriate.