Full legislation
s.6A
Definition of inability to pay, etc.; the statutory demand
(1)
For the purposes of
section 6(2
)(
c)
, the debtor appears to be unable
to pay a debt if, but only if, the debt is payable immediately and
either—
(a)
the petitioning creditor to whom the debt is owed has served on the debtor
a demand (known as
the
statutory
demand
)
in the prescribed form requiring him to pay the debt or to secure or compound
for it to the satisfaction of the creditor, at least 3 weeks have elapsed since
the demand was served and the demand has been neither complied with nor set
aside in accordance with the rules; or
(b)
execution or other process issued in respect of the debt on a judgment or
order of any court in favour of the petitioning creditor, or one or more of the
petitioning creditors to whom the debt is owed, has been returned unsatisfied in
whole or in part.
(2)
For the purposes of
section 6(2
)(
c)
the debtor appears to have no
reasonable prospect of being able to pay a debt if, but only if, the debt is not
immediately payable
and—
(a)
the petitioning creditor to whom it is owed has served on the debtor a
demand (also known as
the
statutory
demand
)
in the prescribed form requiring him to establish to the satisfaction of the
creditor that there is a reasonable prospect that the debtor will be able to pay
the debt when it falls due;
(b)
at least 3 weeks have elapsed since the demand was served; and
(c)
the demand has been neither complied with nor set aside in accordance with
the rules.