(1) This section applies where—
(a) there is comprised in the bankrupt's estate property consisting of an interest in a dwelling house which is occupied by the bankrupt or by his spouse or former spouse [or by his civil partner or former civil partner], and
(b) the trustee has been unable for any reason to realise that property.
(2) The trustee shall not [give notice under section 331(2)] unless either—
(a) the court has made an order under section 313 imposing a charge on that property for the benefit of the bankrupt's estate, or
(b) the court has declined, on an application under that section, to make such an order, or
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