209Powers of Court

#### 209 Powers of Court 209 Powers of Court > > (1) If a person has been convicted of an offence under section 208 (Incurring debts not likely to be paid), the Court on the application of the Registrar or a prescribed person may declare that the person is personally responsible without any limitation of liability— > > > > > (a) in the case of a conviction under section 208 (1)—for the payment to the co-operative housing body of an amount equal to the whole of the debt to which the conviction relates or such part of the debt as the Court considers appropriate, and > > > > > (b) in the case of a conviction under section 208 (2)—for the payment to the co-operative housing body of the amount required to satisfy all or any of the body’s debts as the Court considers appropriate. > > > (2) In relation to a co-operative housing body to which a conviction mentioned in subsection (1) relates— > > > > > (a) the appropriate officer, and > > > > > (b) a creditor of the body authorised by the Registrar to make an application under subsection (1), > > > > are prescribed persons for the purposes of that subsection. > > > (3) If the Court makes a declaration under subsection (1) in relation to a person it may— > > > > > (a) give such further directions as it considers proper for the purpose of giving effect to the declaration and, in particular, may order that the liability of the person under the declaration is a charge on— > > > > > > > (i) a debt or obligation due from the co-operative housing body to the person, or > > > > > > > (ii) any charge or any interest in any charge on any of the body’s assets held by or vested in the person or any body corporate or person on the person’s behalf or any person claiming as assignee from or through the person liable or any body corporate or person acting on the person’s behalf, or > > > > > (b) from time to time make such further order as is necessary for the purpose of enforcing a charge imposed under this subsection. > > > (4) This section has effect despite the fact that the person concerned is criminally liable in relation to the matters on the ground on which the declaration is made. > > > (5) On the hearing of an application under subsection (1), the appropriate officer or other applicant may give evidence or call witnesses. > > > (6) In subsection (3)— > > > > assignee includes any person to whom or in whose favour, by the direction of the person liable, the debt, obligation, or charge was created, issued or transferred or the interest created, but does not include an assignee for valuable consideration (other than consideration by way of marriage) given in good faith and without notice of any of the matters on which the conviction or declaration was made.