BANKRUPTCY ACT, 1988

• (2) A covenant or contract made by any person (in this section called the settlor) in consideration of his or her marriage, either for the future payment of money for the benefit of the settlor’s spouse or children, or for the future settlement, on or for the settlor’s spouse or children, of property wherein the settlor had not at the date of the marriage any estate or interest, whether vested or contingent, in possession or remainder, shall, if the settlor is adjudicated bankrupt and the covenant or contract has not been executed at the date of the adjudication, be void as against the Official Assignee, except so far as it enables the persons entitled under the covenant or contract to claim for dividend in the settlor’s bankruptcy under or in respect of the covenant or contract, but any such claim to dividend shall be postponed until all the claims of the other creditors for valuable consideration in money or money’s worth have been satisfied.

• F53[(2A) A covenant or contract made by any person (in this section called the settlor) in consideration of his or her entry into civil partnership within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, either for the future payment of money for the benefit of the settlor’s civil partner, or for the future settlement, on or for the settlor’s civil partner, of property wherein the settlor had not at the date of the registration of the civil partnership any estate or interest, whether vested or contingent, in possession or remainder, shall, if the settlor is adjudicated bankrupt and the covenant or contract has not been executed at the date of the adjudication, be void as against the Official Assignee, except so far as it enables the civil partner entitled under the covenant or contract to claim for dividend in the settlor’s bankruptcy under or in respect of the covenant or contract, but any such claim to dividend shall be postponed until all the claims of the other creditors for valuable consideration in money or money’s worth have been satisfied.]

• (3) Any payment of money (not being payment of premiums on a policy of life assurance) or any transfer of property made by the settlor in pursuance of a covenant or contract to which subsection (2) applies shall be void as against the Official Assignee in the settlor’s bankruptcy, unless the persons to whom the payment or transfer was made prove that:

• (a) the payment or transfer was made more than F54[3 years] before the date of the adjudication of the settlor, or

• (b) at the date of the payment or transfer, the settlor was able to pay all his debts without the aid of the money so paid or the property so transferred, or

• (c) the payment or transfer was made in pursuance of a covenant or contract to pay or transfer money or property expected to come to the settlor from or on the death of a particular person named in the covenant or contract, and was made within three months after the money or property came into the possession or under the control of the settlor;

but, in the event of any such payment or transfer being declared void, the persons to whom it was made shall be entitled to claim for dividend under or in respect of the covenant or contract in like manner as if it had not been executed at the date of the adjudication.

• (4) In this section “settlement” includes any conveyance or transfer of property.

Management Provisions

60. F55[The Official Assignee

60.— (1) The Official Assignee shall have such functions as are assigned to him by or under this Act or any other enactment, and subject to this section, sections 60A to 60C and the Personal Insolvency Act 2012, such powers and functions as were heretofore exercisable by the Official Assignee in Bankruptcy continue to be exercisable by the Official Assignee.

• (2) The Official Assignee shall be a member of the staff of the Insolvency Service.

• (3) Subject to subsections (4) to (6), the Official Assignee shall be independent in the performance of his functions under this Act and any other enactment.

• (4) The Official Assignee shall, in relation to matters of general administration, be subject to the general direction of the Director.

• (5) The Official Assignee, when performing any function relating to the business of a court, or acting under or pursuant to an order of a court, shall observe and obey such directions as are given to him by the court.

• (6) The Official Assignee shall be an officer of the court for the purposes of the performance of his functions under this Act or any other enactment.

• (7) Subject to sections 60B and 60C, subsections (3) to (6) shall apply to a member of the staff of the Insolvency Service—

• (a) to whom functions of the Official Assignee have been delegated under section 60B, as respects those functions, or

• (b) who is designated under section 60C, as respects those functions,

for so long as the delegation or designation remains in force and is exercisable by the member of staff concerned.

• (8) The Official Assignee shall not, without the approval of the Director, hold any other office or position in respect of which remuneration is payable, or carry on any business, trade or profession.

• (9) In this section and sections 60A to 60C a reference to an enactment means—

• (a) an Act of the Oireachtas,

• (b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or

• (c) an instrument made under—

• (i) an Act of the Oireachtas, or

• (ii) a statute referred to in paragraph (b).]

60A. F56[Office of Official Assignee — Transfer of staff

60A.—(1) This section applies to—

• (a) the person who immediately before the coming into operation of this section held the office of Official Assignee in Bankruptcy (otherwise referred to as the Official Assignee), and

• (b) every person who immediately before the coming into operation of this section was a member of the staff of the Courts Service assigned to the Office of the Official Assignee in Bankruptcy.

• (2) On the coming into operation of this section every member of the staff of the Courts Service to whom this section applies shall be seconded to the Insolvency Service for a period of 2 years.

• (3) On the expiry of the period of secondment referred to in subsection (2) each person seconded under that subsection shall—

• (a) transfer definitively to the staff of the Insolvency Service, or

• (b) subject to subsection (4), exercise a right to return to a suitable vacancy on the staff of the Courts Service.

• (4) If a person seconded under subsection (2) exercises a right under subsection (3)(b) to return to the staff of the Courts Service but no suitable vacancy on the staff of the Courts Service exists, the person concerned shall be transferred to a suitable vacancy in a public service body.

• (5) A person who—

• (a) is seconded under subsection (2),

• (b) is transferred under subsection (3)(a) or subsection (4), or

• (c) returns to the Courts Service under subsection (3)(b),

shall not, except in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, receive a lesser scale of pay or less favourable superannuation benefits than the scale of pay and superannuation benefits to which he was entitled immediately before the secondment, transfer or return concerned.

• (6) A person seconded under subsection (2) shall be deemed to be a member of the staff of the Insolvency Service during the period of the secondment.

• (7) Subject to subsection (3)(a)—

• (a) the person who immediately before the coming into operation of this section held the office of Official Assignee in Bankruptcy shall continue in office as Official Assignee, and

• (b) the person who immediately before the coming into operation of this section held the position of Bankruptcy Inspector shall continue to hold the position of Bankruptcy Inspector.

• (8) In this section—

• (a) "public service body" has the meaning assigned to it by section 5 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012;

• (b) "recognised trade union or staff association" means a trade union or staff association recognised by the Minister for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees.]

60B. F57[Delegation of functions of Official Assignee

60B.—(1) The Official Assignee may in writing delegate to a specified member of the staff of the Insolvency Service—

• (a) any of his functions under this Act in relation to a specific bankruptcy or arrangement matter, or

• (b) any of his functions under any other enactment.

• (2) A delegation under subsection (1) shall be subject to such conditions or limitations as to the performance of any of the functions delegated, or as to time or circumstance, as may be specified in the delegation.

• (3) The Official Assignee may in writing revoke or vary a delegation made under subsection (1).

• (4) More than one delegation may be made and have effect under subsection (1) at any one time.

• (5) Subject to subsection (2), a person to whom functions of the Official Assignee have been delegated under subsection (1), shall, while the delegation remains in force, have all the powers of the Official Assignee in respect of the functions delegated to him as fully as if he held that office, and such powers shall, where the delegation so specifies, include the power to sell, transfer or otherwise dispose of property or assets in the name of and on behalf of the Official Assignee.

• (6) Nothing in this section shall affect the vesting of property in the Official Assignee in accordance with section 44.

• (7) In any legal proceedings, a certificate that—

• (a) is signed by the Official Assignee,

• (b) states that any function of the Official Assignee in relation to a bankruptcy matter was on a specified date delegated to a specified member of staff of the Insolvency Service, and

• (c) states that the delegation of the function remained in force on a specified date,

is, in the absence of evidence to the contrary, proof of the matters stated in the certificate.

• (8) A certificate referred to in subsection (7) that appears to be signed by the Official Assignee is admissible in any proceedings as evidence of the matters stated in the certificate without proof of his signature.]

60C. F58[Deputy for Official Assignee

60C.—(1) The Director may in writing designate a member of the staff of the Insolvency Service to be the deputy for the Official Assignee, and the member of staff so designated shall, during every temporary absence and every temporary incapacity through illness of the Official Assignee and every occasion on which the office of the Official Assignee is vacant occurring while such designation remains in force, perform the functions assigned to the Official Assignee under this Act or under any other enactment.

• (2) A designation under subsection (1) shall be subject to such conditions or limitations as to time or circumstance as may be specified in the designation.

• (3) The Director may in writing at any time revoke or vary a designation made under subsection (1).

• (4) Subject to subsection (2), a person designated under subsection (1) shall, while he performs the functions of the Official Assignee, have all the powers of the Official Assignee as fully as if he held that office, and such powers shall include the power to sell, transfer or otherwise dispose of property or assets in the name of and on behalf of the Official Assignee.

• (5) In any legal proceedings, a certificate that—

• (a) is signed by the Director,

• (b) states that a specified member of staff of the Insolvency Service was designated on a specified date, in accordance with subsection (1), to be the deputy for the Official Assignee, and

• (c) states that the designation remained in force on a specified date,

is, in the absence of evidence to the contrary, proof of the matters stated in the certificate.

• (6) A certificate referred to in subsection (5) that appears to be signed by the Director is admissible in any proceedings as evidence of the matters stated in the certificate without proof of his signature.]

60D. F59[Transfer of records to Insolvency Service

60D.—All documents and records in the custody and control of the Courts Service relating to the Office of the Official Assignee in Bankruptcy immediately before the coming into operation of section 29 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 shall on the coming into operation of that section be transferred to the Insolvency Service.]

61. Functions of Official Assignee in bankruptcy and vesting arrangements. (New)

61.—(1) This section applies to every bankruptcy matter and vesting arrangement.

• (2) The functions of the Official Assignee are to get in and realise the property, to ascertain the debts and liabilities and to distribute the assets in accordance with the provisions of this Act.

• (3) In the performance of his functions the Official Assignee shall, in particular, have power—

• (a) to sell the property by public auction or private contract, with power to transfer the whole thereof to any person or to sell the same in lots and for the purpose of selling land to carry out such sale by F60[…] lease, sub-lease or otherwise and to sell F60[…] any reversion expectant upon the determination of any such lease,

• (b) to make any compromise or arrangement with creditors or persons claiming to be creditors or having or alleging themselves to have any claim present or future, certain or contingent, ascertained or sounding only in damages whereby the bankrupt or arranging debtor may be rendered liable,

• (c) to compromise all debts and liabilities capable of resulting in debts and all claims, present or future, certain or contingent, ascertained or sounding only in damages, subsisting or supposed to subsist between the bankrupt or arranging debtor and any debtor and all questions in any way relating to or affecting the assets or the proceedings on such terms as may be agreed and take any security for the discharge of any debt, liability or claim, and give a complete discharge in respect thereof,

• (d) to institute, continue or defend any proceedings relating to the property,

• (e) to refer any dispute concerning the property to arbitration under the terms of section 11 of the Arbitration Act, 1954,

• (f) to mortgage or pledge any property to raise any money requisite,

• (g) to take out in his official name without being required to give security, letters of administration to any estate on the administration of which the bankrupt or arranging debtor would benefit,

• (h) to agree a sum for costs where the Court so directs or where he considers that the amount which would be allowed on taxation would not exceed F61[€12,000],

• (i) to agree the charges of accountants, auctioneers, brokers and other persons,

• (j) to ascertain and certify to the Court the amount due in respect of a mortgage debt and the due priority thereof with power to the Court to vary such certificate,

• (k) to draw out of the account referred to in section 84 (1) any sum not exceeding F62[€130] by way of indemnity in respect of costs incurred by him.

• F63[(3A) In the case of an adjudication in bankruptcy under Article 3(1) of the Insolvency Regulation, the Official Assignee shall have the powers conferred on a liquidator in relation to taking action in member states under the Regulation.]

• F64[(4) Notwithstanding any provision to the contrary contained in subsection (3), no disposition of property of a bankrupt, arranging debtor or person dying insolvent, which comprises—

• (a) a family home (within the meaning of the Family Home Protection Act 1976 ) of the bankrupt or the bankrupt’s spouse, or

• (b) a shared home (within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010) of the bankrupt or the bankrupt’s civil partner (within the meaning of that Act),

shall be made without the prior sanction of the Court and any disposition made without such sanction shall be void.

• (5) On an application by the Official Assignee under subsection (4) for an order for the disposition of a family home or shared home, the Court, notwithstanding anything contained in this or any other enactment, shall have power to order postponement of the disposition of the family home or shared home, as the case may be, having regard to the interests of the creditors, spouse or civil partner (within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010), and any dependants, of the bankrupt, arranging debtor or person dying insolvent, as the case may be, as well as to all the circumstances of the case.]

• (6) The Official Assignee may in case of doubt or difficulty seek the directions of the Court in connection with the affairs of any bankrupt or arranging debtor.

• (7) The exercise by the Official Assignee of the powers conferred by this section shall be subject to the control of the Court, and any creditor or other person who in the opinion of the Court has an interest may apply to the Court in relation to the exercise or proposed exercise of those powers.

• (8) The powers and functions conferred on the Official Assignee by this section may be exercised and performed—

• (a) in the case of an adjudication founded on a petition of a debtor, on adjudication,

• (b) in the case of an adjudication founded on a petition by a creditor, on the expiration of the time for showing cause,

• (c) in the case of a vesting arrangement, on approval of the proposal by the Court.

61A. F65[Statement of affairs

61A.—(1) A debtor or a bankrupt, when completing a statement of affairs, shall make full and honest disclosure of his or her financial affairs and ensure that, to the best of his or her knowledge, the statement of affairs is true, accurate and complete.

• (2) Unless the Court otherwise directs, a debtor or bankrupt shall not file a statement of affairs with the Court unless the statement of affairs has been stamped, electronically or otherwise, by the Official Assignee.

• (3) The Official Assignee may refuse to stamp a statement of affairs for the purposes of subsection (2) where he or she is not satisfied that the statement of affairs is true, accurate and complete.

• (4) The Official Assignee may carry out such checks or make such enquiries as he or she considers necessary or appropriate to verify the truth, accuracy and completeness of any matter referred to in a statement of affairs.]

61B. F66[Provision of information to Official Assignee

61B.—(1) The Official Assignee may make such enquiries of, and request such information from, a person as the Official Assignee considers to be necessary and proportionate for the performance by him or her of his or her functions under section 61.

• (2) A person of whom an enquiry or a request under subsection (1) is made shall provide the information the subject of the enquiry or request to the Official Assignee within such time as may be specified by the Official Assignee.

• (3) In this section and section 61A—

"Act of 2018" means the Data Protection Act 2018 ;

"Article 10 data" means personal data referred to in Article 10 of the General Data Protection Regulation;

"General Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016² on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;

"information" includes personal data, special categories of personal data and Article 10 data;

"personal data" has the same meaning as it has in the General Data Protection Regulation;

"special categories of personal data" has the same meaning as it has in the Act of 2018.]

62. Bankruptcy Inspector and assistants. (1857, s. 62)

62.—(1) The Bankruptcy Inspector and his assistants shall follow the instructions of the Official Assignee, subject to the directions and control of the Court.

• (2) Subject to the provisions of this Act, it shall be the duty of the Bankruptcy Inspector or his assistants—

• (a) to seize the property of the bankrupt pursuant to a warrant issued by the Court under section 27,

• (b) to take an inventory of and report on the bankrupt’s property,

• (c) to take possession of the property of an arranging debtor pursuant to section 100, and to take an inventory of and report on the property,

• (d) to do such other things as may be directed by the Court or the Official Assignee.

63. Protection of Official Assignee. (1857, s. 65)

63.—The Official Assignee shall not be liable—

• (a) by reason of any of the matters on which an adjudication was grounded being insufficient to support the adjudication,

• (b) in respect of his receipt of any property, provided he has not dealt with the property otherwise than as directed by the Court or as required by this Act or by F67[regulations made by the Minister under this Act].

64. Power of Official Assignee to bar entail. (1857, s. 340; 1872, s. 50)

64.— F68[…]

65. Power of Official Assignee to appropriate part of bankrupt’s income. (New: cf. 1857, s. 319; 1872, s. 51)

65.—(1) Notwithstanding any provision to the contrary in any other enactment, whenever a bankrupt, whether self-employed or not, is in receipt of or is entitled to receive any salary, income, emolument or pension, the Court may, from time to time, on the application of the Official Assignee, make such order directed to the bankrupt and any person from whom the bankrupt is entitled to receive any such salary, income, emolument or pension for the payment to the Official Assignee of all or part of such salary, income, emolument or pension, subject to such conditions as to payment as the Court may specify in the order having regard to the family responsibilities and personal situation of the bankrupt.

• (2) The Court may at any time, on the application of any interested person, vary an order under subsection (1), having regard to any changes in the family responsibilities or personal situation of the bankrupt.

65A. F69[Cesser of section 65.

65A.—An application for an order under section 65 shall not be made after the coming into operation of this section, but this section shall not operate to prevent an application under section 65(2) where an order under section 65(1) is in force on the coming into operation of this section. ]

66. Delivery of property to Official Assignee. (cf. 1857, s. 324)

66.—Every person shall, on request, deliver up to the Official Assignee all money or securities for money in such person’s possession or control which he is not by law entitled to retain as against the bankrupt or the Official Assignee.

67. Right of Official Assignee to transfer stocks or shares. (cf. 1857, s. 320)

67.—Where any part of the property of a bankrupt, or of an arranging debtor under a vesting arrangement, consists of stocks or shares, the Official Assignee may exercise the right to transfer them to the same extent as the bankrupt or arranging debtor could have exercised it but for the adjudication or vesting arrangement.

68. Right of Official Assignee to inspect goods pawned or pledged. (New)

68.—Where any goods of a bankrupt are held by any person by way of pledge, pawn or other security, the Official Assignee may give notice in writing to the holder of his intention to inspect the goods and, where such notice has been given, the holder shall not be entitled to realise his security until he has given the Official Assignee a reasonable opportunity of inspecting the goods and of exercising his right of redemption if he thinks fit to do so.

69. Receipt of property of bankrupt. (cf. 1857, ss. 60, 61)

69.—(1) The Official Assignee shall be assignee of each bankrupt’s estate and act with the creditors’ assignee, if any.

• (2) Except where otherwise directed by the Court, the property of every bankrupt, and the income and proceeds thereof, shall be possessed and received by the Official Assignee.

• F70[(3) All money and securities received by the Official Assignee, being part of a bankrupt’s estate, shall be forthwith lodged by him in an account in the Central Bank of Ireland or a bank authorised to carry on business in the State and shall be kept there to the credit of the Official Assignee subject to the provisions of this Act, any regulations made under subsection (6) and the directions of the Court.]

• (4) Subject to section 84, all money and securities which, immediately before the commencement of this Act, stood to the credit of bank accounts in bankruptcy or arrangement matters shall be dealt with pursuant to rules of court.

• (5) The Official Assignee, with the leave of the Court, may from time to time invest the whole or any part of any money referred to in this section, and any interest thereon shall be paid into the appropriate bank accounts.

• F71[(6) The Minister may, following consultation with the Insolvency Service, by regulations make provision for the manner in which the Official Assignee shall maintain accounts referred to in subsection (3) and for matters relating to the keeping of such accounts.]

70. Claim to property in possession of bankrupt. (New)

70.—(1) Where a person claims any property which is in the possession of the bankrupt at the date of adjudication he shall file with the Official Assignee a claim verified by affidavit.

• (2) The Official Assignee may give notice in writing to any person to prove his claim to property which is in the possession of the bankrupt at the date of adjudication and, unless within one month after the service of the notice that person files with the Official Assignee a claim verified by affidavit, the Official Assignee may, with the sanction of the Court, sell or dispose of the property free of any right or interest therein of that person.

71. Allowances to bankrupt. (cf. 1857, s. 301)

71.—The Court may make to the bankrupt out of his estate such allowances as the Court thinks proper in the special circumstances of the case.

72. Redirection of letters, etc., addressed to bankrupt. (1857, s. 312)

72.—Where a debtor is adjudicated bankrupt the Court, on the application of the Official Assignee, may from time to time order that for such time, not exceeding three months, as the Court thinks fit letters, telegrams and postal packets addressed to the bankrupt at any place mentioned in the order shall, on such terms and subject to such conditions as the Court thinks fit, be redirected, sent or delivered to the Official Assignee as the Court directs.

73. Appointment of receivers and managers. (1872, s. 68)

73.—The Court may, at any time after adjudication or after the granting of an order for protection, appoint a receiver or manager of the whole or part of the property of the bankrupt or arranging debtor and may direct that the receiver or manager take immediate possession of such property or any part thereof.

74. Joint and separate dividends. (cf. 1857, s. 266)

74.—If one or more of the partners of a firm is a bankrupt, any creditor of the firm shall be entitled to prove his debt or be admitted as a creditor for the purpose of voting in the choice and appointment of a creditors’ assignee but such creditor shall not receive any dividend out of the separate estate of the bankrupt until all the separate creditors shall have received the full amount of their respective debts.

75. Debts provable in bankruptcy and arrangements. (cf. 1857, ss. 247, 249, 252 to 258; 1872, ss. 45-47)

75.—(1) Debts and liabilities, present or future, certain or contingent, by reason of any obligation incurred by the bankrupt or arranging debtor before the date of adjudication or order for protection and claims in the nature of unliquidated damages for which the bankrupt or arranging debtor is liable at that date by reason of a wrong within the meaning of the Civil Liability Act, 1961, shall be provable in the bankruptcy or arrangement.

• F72[(2) Where interest or any pecuniary consideration in lieu of interest is reserved or agreed for on a debt which is overdue at the date of adjudication or order for protection, the creditor shall be entitled to prove or to be admitted as a creditor for such interest or consideration up to the date of adjudication or order for protection.]

• (3) Where all necessary parties agree, an order for assessment of damages or contribution under section 61 (2) of the Civil Liability Act, 1961, may be made by the Court, notwithstanding that it may not be the court by or before which the claim for damages or contribution falls to be determined.

• (4) An estimate may be made by the Court of the value of any debt which, by reason of it being subject to any contingency or for any other reason, does not bear a certain value and the amount of the estimate shall be proved as a debt.

76. Proof of debts. (cf. 1857, s. 246 in pt.)

76.—The provisions of the First Schedule shall apply in relation to the proof of debts.

77. Bankruptcy of mercantile agent. (New)

77.—Section 12 (2) of the Factors Act, 1889 (which regulates the rights of an owner of goods in the case of the bankruptcy of a mercantile agent to whom they have been entrusted) shall have effect with the substitution for the reference to a trustee in bankruptcy of a reference to the Official Assignee.

78. Proof for costs of judgment. (1857, s. 261)

78.—Where a party to any cause or matter has obtained a judgment or order against a person who is afterwards adjudicated bankrupt or is granted an order for protection for any debt for which he proves or is admitted a creditor, he shall also be entitled to prove or be admitted a creditor for the costs of the judgment or order, whether or not the costs have been taxed or ascertained at the date of the adjudication or order for protection.

79. Disallowance of debts already proved. (1857, s. 263)

79.—The Court may, on the application of the Official Assignee or any creditor or the bankrupt or arranging debtor, disallow, in whole or in part, any debt already proved or admitted.

Distribution of Estate

80. Priority of expenses, etc. (New)

80.—The expenses, fees and costs of the bankruptcy shall be payable in priority to the liabilities of the bankrupt in such order as may be prescribed.

81. Preferential payments. (1889, ss. 4,6; 33/1963, s. 285)

81.—(1) In the distribution of the property of a bankrupt there shall be paid in priority to all other debts—

• (a) all local rates due from the bankrupt at the date of the order of adjudication, and having become due and payable within twelve months next before that date, and all property or income tax assessed on the bankrupt up to the F73[31st December] next before the date of the order of adjudication, and not exceeding in the whole one year’s assessment;

• (b) all wages or salary (whether or not earned wholly or in part by way of commission) of any clerk or servant in respect of services rendered to the bankrupt during the four months next before the date of the order of adjudication not exceeding £2,500;

• (c) all wages not exceeding £2,500 of any labourer or workman (whether payable for time or for piece work) in respect of services rendered to the bankrupt during the four months next before the date of the order of adjudication: provided that, where any farm labourer has entered into a contract for the payment of a portion of his wages in a lump sum at the end of the year or other shorter term of hiring, the priority under this section shall extend to the whole of such sum, or a part thereof, as the Court may decide to be due under the contract proportionate to the time of service up to the date of the order of adjudication;

• (d) all accrued holiday remuneration becoming payable to any clerk, servant, workman or labourer (or in the case of his death to any other person in his right) on the termination of his employment before or by the effect of the adjudication order;

• (e) all sums due to any employee pursuant to any scheme or arrangement for the provision of payments to the employee while he is absent from employment owing to ill health;

• (f) any payments due by the bankrupt pursuant to any scheme or arrangement for the provision of superannuation benefits to or in respect of employees of the bankrupt whether such payments are due in respect of the bankrupt’s contribution to that scheme or under that arrangement or in respect of such contributions payable by the employees to the bankrupt under any such scheme or arrangement which have been deducted from the wages or salaries of employees;

• (g) any debt, payment or contribution which by virtue of any provision in any enactment in operation before the commencement of this Act was included in the debts to which section 4 of the Preferential Payments in Bankruptcy (Ireland) Act, 1889, gave priority; and any reference to the said section 4 in any such enactment shall be construed as a reference to this subsection.

• (2) The foregoing debts shall rank equally between themselves and be paid in full unless the property of the bankrupt is insufficient to meet them, in which case they shall abate in equal proportions between themselves.

• (3) Subject to the retention of such sums as may be necessary for the costs and expenses of administration or otherwise, the foregoing debts shall be discharged forthwith so far as the property of the bankrupt is sufficient to meet them.

• (4) In the event of a landlord or other person distraining or having distrained on any goods or effects of the bankrupt within three months next before the date of the order of adjudication, the debts to which priority is given by this section shall be a first charge on the goods or effects so distrained on, or the proceeds of sale thereof; provided that in respect of any money paid under any such charge the landlord or other person shall have the same rights of priority as the person to whom the payment is made.

• (5) Any remuneration in respect of a period of holiday or absence from work through good cause shall be deemed to be wages in respect of services rendered to the bankrupt during that period.

• (6) Notwithstanding section 4, this section shall not apply where the order of adjudication was made before the commencement of this Act, and in such a case, the provisions relating to preferential payments which would have applied if this Act had not been passed shall be deemed to remain in full force.

• (7) Subsections (1), (2), (3), (5) and (6) shall apply in the case of an arranging debtor under the provisions of this Act as if he were a bankrupt, and as if the date of the filing of the petition for arrangement were substituted for the date of the order of adjudication.

• (8) Any creditor who, in the case of an arrangement, votes in respect of any debt to which priority is given by this section for or against the acceptance of the debtor’s proposal or any modification thereof or, in the case of a composition after bankruptcy, votes in respect of any such debt for or against the acceptance of the bankrupt’s offer of composition or any modification thereof shall by so voting be deemed to have abandoned any rights under subsection (1) and shall be remitted to such rights (if any) in respect of any of the debts therein mentioned as such creditor would have had apart from that subsection.

• (9) This section shall apply in the case of a deceased person who dies insolvent as if he were a bankrupt and as if the date of his death were substituted for the date of the order of adjudication.

• (10) Nothing in this section shall alter the effect of section 3 of the Partnership Act, 1890, or shall prejudice the provisions of section 14 of the Trustee Savings Banks Act, 1863, or the provisions of the Friendly Societies Act, 1896.

82. Distribution of estate. (cf. 1857, ss. 286, 288, 289, 290, 292, 293)

82.—(1) As soon as convenient after the receipt by him of sufficient funds to meet expenses, fees, costs and preferential payments and to pay a dividend to creditors in any bankrupt’s estate the Official Assignee shall place on the Court file a list of creditors admitted by him or by the Court, a copy of the relevant account of the bankrupt in his books, particulars of expenses, fees, costs, preferential payments and dividend payable to creditors and his report on the realisation of the estate.

• F74[(2) The Official Assignee shall—

• (a) within four working days of the filing under subsection (1), cause notice of the filing to be given to the creditors concerned by the publication of the notice on the website of the Insolvency Service, or in such other manner as the Minister may, by regulation, prescribe, and

• (b) within four working days of the publication of the notice under paragraph (a), provide, by a notice in such form as the Minister may by regulation prescribe, particulars to the creditors concerned of how it is proposed to distribute the estate.]

• F75[(2A) The Official Assignee shall distribute the estate in the manner set out in the particulars provided under subsection (2)(b) no earlier than 15 days after the provision of such particulars but no such distribution shall be made without leave of the Court where an application under subsection (3) has been made by a creditor.]

• F74[(3) The Court may, on the application of a creditor, make such order as it thinks fit in respect of the distribution of the estate or any part thereof by payment of the expenses, fees, costs and preferential payments, as well as the relevant dividend and any such application shall be made within 14 days of the provision of particulars under subsection (2)(b).]

• (4) The F74[list] referred to in subsection (1) shall be open to public inspection on payment of a prescribed fee but no fee shall be charged to creditors inspecting the F74[list].

• (5) If for any reason the estate of the bankrupt is not fully distributed at such sitting, second and subsequent distributions shall be made as soon as convenient after the realisation of the residual estate. The procedure shall be the same as for the first distribution.

• F74[(6) In any case where there are no funds or, in the opinion of the Official Assignee, insufficient funds available for distribution to the creditors, the Official Assignee may pay the expenses, fees, costs and preferential payments in that order, so far as the funds extend, and where a balance remains it shall be transferred to the bank account referred to in section 84(1).]

83. Accounts and audit. (New)

83.—F76[…]

84. F77[Official Assignee — Unclaimed Dividend Account

84.—(1) The Official Assignee shall cause an account to be opened—

• (a) in the Central Bank of Ireland, or

• (b) a bank authorised to carry on business in the State,

and any such account shall be called the “Official Assignee — Unclaimed Dividend Account” and a reference in this section to a “relevant account” is to be construed as a reference to such an account.

• (2) The Official Assignee shall pay into a relevant account all unclaimed dividends and all money unclaimed, being part of any bankrupt’s estate.

• (3)
• (a) The Official Assignee shall be entitled to pay out of a relevant account all dividends lawfully claimed as well as the sums provided for by section 61(3)(k).

• (b) In order to provide temporarily for payments for which no funds are immediately available in the particular estate against which they are chargeable, there may be paid out of a relevant account to the credit of the Official Assignee in a separate account in the said bank such sums, subject to such conditions, as may be prescribed by regulations made by the Minister.

• (4) The Official Assignee, with the leave of the Court, may from time to time invest the whole or any part of the money standing to the credit of a relevant account, and the interest on the investments shall be paid into a relevant account.

• (5) The Court may order that the Official Assignee shall be paid out of a relevant account such sum by way of indemnity in respect of any damages, costs or expenses payable or incurred or to be payable or incurred by him for or by reason of any act or matter done by him while acting as Official Assignee as the Court thinks just, including the costs of any proceedings taken by the Official Assignee with the leave of the Court where there are insufficient funds in the matter.

• (6) A relevant account shall not be available for any purpose other than the purposes of this section.

• (7) The Minister may, following consultation with the Insolvency Service, by regulations prescribe—

• (a) the manner in which the Official Assignee shall maintain a relevant account,

• (b) the purposes for which funds may be withdrawn from a relevant account pursuant to subsection (3)(b),

• (c) the monetary limits relating to the withdrawal of funds from a relevant account pursuant to subsection (3)(b), and

• (d) the conditions subject to which funds may be withdrawn from a relevant account pursuant to subsection (3)(b).]

85. F78[Automatic discharge from bankruptcy.

85.—F79[(1) Subject to subsection (2) and section 85A, every bankruptcy shall, on the 1st anniversary of the date of the making of the adjudication order in respect of that bankruptcy, unless prior to that date the bankruptcy has been discharged or annulled, stand discharged.]

• F79[(2)
• (a) Where an adjudication order in respect of a bankruptcy would, but for section 10 of the Bankruptcy (Amendment) Act 2015, expire on any day during the period of 6 months from the commencement of that section, the bankruptcy concerned shall, subject to section 85A, stand discharged on that day unless it has otherwise been discharged or annulled.

• (b) Where an adjudication order in respect of a bankruptcy would, but for section 10 of the Bankruptcy (Amendment) Act 2015, expire at any time after the expiration of 6 months from the commencement of that section, the bankruptcy concerned shall, subject to section 85A, stand discharged on the later of—

• (i) 6 months after that commencement, or

• (ii) one year from the date that the adjudication order was made,

unless it has otherwise been discharged or annulled.]

• (3) F79[Subject to subsection (3A), where a bankruptcy is discharged] in pursuance of this section the unrealised property of the bankrupt shall remain vested in the Official Assignee for the benefit of the creditors.

• F80[(3A) Subject to subsections (3B) to (3F), where on the 3rd anniversary of the date of the making of the adjudication order in respect of a bankruptcy—

• (a) the unrealised property of the bankrupt referred to in subsection (3) includes an estate or interest in what was, at the date of the making of the adjudication order, the family home, shared home or principal private residence of the bankrupt, and

• (b) in the case of the family home or shared home, the Official Assignee has not applied to the Court for an order for sale of that home,

that estate or interest shall, on that 3rd anniversary, stand re-vested in the bankrupt without the need for any conveyance, assignment or transfer.

• (3B) Subject to subsections (3E) and (3F), where prior to the 3rd anniversary of the date of the making of the adjudication order in respect of a bankruptcy the Official Assignee—

• (a) has applied to the Court for an order for sale in respect of what was at the date of that adjudication the family home or shared home of the bankrupt, and

• (b) that application is dismissed by the Court,

the Court shall, unless it does not consider it just to do so in all the circumstances, make an order that the estate or interest of the bankrupt in that family home or shared home shall stand re-vested in the bankrupt from such date as is specified in the order without the need for any conveyance, assignment or transfer.

• (3C) Subject to subsections (3E) and (3F), subsection (3A) shall not apply where at any time after the date of the making of the adjudication order in respect of the bankruptcy but prior to the 3rd anniversary of that date—

• (a) the Official Assignee and the bankrupt have entered into an agreement in writing, for consideration or otherwise, that any estate or interest of the bankrupt in what was, at the date of adjudication, the family home, shared home or principal private residence of that bankrupt will not re-vest in that bankrupt, or

• (b) on application by the bankrupt or the Official Assignee, the Court, where it considers it just to do so, makes an order that any estate or interest of the bankrupt in what was, at the date of adjudication, the family home, shared home or the principal private residence of that bankrupt will not re-vest in that bankrupt.

• (3D) Subsection (3A) shall not apply where, on application by the Official Assignee at any time after the date of the making of the adjudication order in respect of that bankruptcy but prior to the 3rd anniversary of that date, the Court substitutes for that 3rd anniversary such longer period as the Court considers just in all the circumstances.

• (3E) Where the Court makes an order under subsection (3D), subsections (3A), (3B) and (3C) shall apply subject to the modification that each reference to the 3rd anniversary in those subsections shall be taken to be a reference to the longer period substituted by the Court under subsection (3D) for such 3rd anniversary.

• (3F) Where an order of adjudication in bankruptcy was made more than 2 years and six months prior to the day of coming into operation of section 10 of the Bankruptcy (Amendment) Act 2015, subsections (3A), (3B) and (3C) shall apply subject to the modification that each reference to the 3rd anniversary in those subsections shall be taken to be a reference to the day falling 6 months after the day of coming into operation of that section.

• (3G) Where an estate or interest in a family home, shared home or principal private residence has re-vested in a bankrupt in accordance with this section, the Official Assignee shall, on the application of the bankrupt, issue a certificate in such form as may be prescribed confirming that the estate or interest has re-vested in that bankrupt.]

• (4) A bankrupt who is discharged from bankruptcy in pursuance of this section shall have a duty to co-operate with the Official Assignee in relation to the realisation and distribution of such of his property as is vested in the Official Assignee.

• (5) A person whose bankruptcy has been discharged by virtue of this section may apply to the Official Assignee for the issue of a certificate of discharge from bankruptcy.

• F79[(6)
• (a) In this section and in sections 85A to 85D, "bankrupt" includes personal representatives and assigns.

• (b) In this section, "family home" and "shared home" have the same meaning as they have in section 61.]]

85A. F81[Objection to automatic discharge from bankruptcy.

85A.—(1) The Official Assignee, the trustee in bankruptcy or a creditor of the bankrupt may, prior to the discharge of a bankrupt pursuant to section 85, apply to the Court to object to the discharge of a bankrupt from bankruptcy in accordance with section 85 where the Official Assignee, the trustee in bankruptcy or the creditor concerned believes that the bankrupt has—

• (a) failed to co-operate with the Official Assignee in the realisation of the assets of the bankrupt, or

• (b) hidden from or failed to disclose to the Official Assignee income or assets which could be realised for the benefit of the creditors of the bankrupt.

• (2) An application under subsection (1) shall be made on notice to the bankrupt and where made by the trustee in bankruptcy or a creditor, notice shall also be given to the Official Assignee.

• (3) Where it appears to the Court that the making of an order pursuant to subsection (4) may be justified, the Court may make an order that the matters complained of by the applicant under subsection (1) be further investigated and pending the making of a determination of the application the bankruptcy shall not stand discharged by virtue of section 85.

• F82[(4) Where the Court is satisfied that the bankrupt has—

• (a) failed to co-operate with the Official Assignee in the realisation of the assets of the bankrupt, or

• (b) hidden from or failed to disclose to the Official Assignee income or assets which could be realised for the benefit of the creditors of the bankrupt,

the Court may, where it considers just to do so, order that, in place of the discharge provided for in section 85, the bankruptcy shall stand discharged on such later date—

• (i) being not later than the 8th anniversary of the date of the making of the adjudication order, as the Court considers just, or

• (ii) being not later than the 15th anniversary of the date of the making of the adjudication order, which the Court considers just in view of the seriousness of the failure to co-operate referred to in paragraph (a) or the extent to which income or assets referred to in paragraph (b) were hidden or not disclosed, or both, as the case may be.]

• (5) Where the Court has made an order under subsection (4), no further application may be made under subsection (1).

• (6) The making of an order under this section shall not prevent an application being made for discharge or annulment under section 85B.]

85B. F83[Entitlement to discharge from bankruptcy.

85B.—(1) A bankrupt shall be entitled to an order discharging him from bankruptcy where provision has been made for the payment of the expenses, fees and costs of the bankruptcy, and for preferential payments, and—

• (a) he has paid one euro in the euro, with such interest as the Court may allow, or

• (b) he has obtained the consent in writing of all of his creditors, whose debts have been proved and admitted in the bankruptcy, or

• (c) section 41 (discharge of adjudication order) applies.

• (2) The giving of consent by a creditor under subsection (1) constitutes a waiver by that creditor of the right to recover the amount concerned proved and admitted in the bankruptcy.

• F84[(2A) An order of discharge shall provide that any property of the bankrupt then vested in the Official Assignee shall be revested in or returned to the bankrupt, and that order shall for all purposes be deemed to be a conveyance, assignment or transfer of that property to the bankrupt and, where appropriate, may be registered accordingly.]

• (3) A person whose bankruptcy has been discharged by virtue of this section may apply to the Official Assignee for the issue of a certificate of discharge from bankruptcy. ]

85C. F85[Annulment of adjudication in bankruptcy.

85C.— (1) A person shall be entitled to an annulment of his adjudication—

• (a) where he has shown cause pursuant to section 16, or

• (b) in any other case where, in the opinion of the Court, he ought not to have been adjudicated bankrupt.

• (2) An order of annulment shall provide that any property of the bankrupt then vested in the Official Assignee shall be revested in or returned to the bankrupt, and that order shall for all purposes be deemed to be a conveyance, assignment or transfer of that property to the bankrupt and, where appropriate, may be registered accordingly.

• (3) A person whose bankruptcy has been annulled may apply to the Official Assignee for the issue of a certificate that the bankruptcy has been annulled.]

85D. F86[Bankruptcy payment orders.

85D.— (1) The Court may, on application being made to it by the Official Assignee or the trustee in bankruptcy, make an order requiring a bankrupt to make payments to the Official Assignee or the trustee in bankruptcy from his income or other assets for the benefit of his creditors (a "bankruptcy payment order").

• (2) An application for a bankruptcy payment order may not be made after the bankrupt has been discharged from bankruptcy, but where an application for such an order is made before the discharge of the bankrupt, the Court may make a bankruptcy payment order after the date of discharge as if the bankrupt had not been so discharged.

F87[F88[(3) Subject to subsections (3A) and (3B)—

• (a) an order made under subsection (1) shall have effect for no longer than 3 years from the date of the order coming into operation, save in circumstances where the bankrupt has not complied with the order and in such circumstances the order shall have effect until such time as it has been complied with, and

• (b) where the Court has varied the order under subsection (5), such variation shall not cause the order to have effect for a period of more than 3 years, save in circumstances where the bankrupt has not complied with the varied order, and in such circumstances that varied order shall have effect until such time as it has been complied with.]

• (3A)
• (a) Where a bankruptcy payment order would, but for section 12 of the Bankruptcy (Amendment) Act 2015, expire on any day during the period of 6 months from the commencement of that section, the bankruptcy payment order concerned shall, subject to subsection (3B), stand discharged on that day unless it has otherwise been discharged or annulled.

• (b) Where a bankruptcy payment order would, but for section 12 of the Bankruptcy (Amendment) Act 2015, expire at any time after the expiration of 6 months from the commencement of that section, the bankruptcy payment order concerned shall, subject to subsection (3B), stand discharged on the later of—

• (i) 6 months after that commencement, or

• (ii) 3 years from the date that bankruptcy payment order was made,

unless it has otherwise been discharged or annulled.

• F88[(3B) Where the Court has made an order under section 85A(4)—

• (a) a bankruptcy payment order made under subsection (1) shall have effect for no longer than 5 years from the date of that order coming into operation, save in circumstances where the bankrupt has not complied with the bankruptcy payment order and in such circumstances that order shall have effect until such time as it has been complied with, and

• (b) where the Court has varied the bankruptcy payment order under subsection (5), such variation shall not cause that order to have effect for a period of more than 5 years, save in circumstances where the bankrupt has not complied with the varied order and in such circumstances that varied order shall have effect until such time as it has been complied with.]]

• (4) In making an order under subsection (1) the Court shall have regard to the reasonable living expenses of the bankrupt and his or her dependants and the Court may also have regard to any guidelines on reasonable living expenses issued by the Insolvency Service under the Personal Insolvency Act 2012 or by the Official Assignee.

• (5) The Court, on the application of the bankrupt or the Official Assignee or the trustee in bankruptcy, may vary a bankruptcy payment order granted under subsection (1) where there has been a material change in the circumstances of the bankrupt.

• (6) The court in granting an application under subsection (1) may order any person from whom the bankrupt is entitled to receive any salary, income, emolument, pension or other payment to make payments to the Official Assignee or trustee.

• (7) For the purposes of this section, where a bankrupt is, or may become entitled to, payments under a relevant pension arrangement, an asset relating to the arrangement (other than payments already received by the bankrupt, or that the bankrupt was entitled to receive, under the arrangement) shall not be regarded as an asset.]

• F89[(8) A payment which a bankrupt receives, or is entitled to receive, under a periodic payments order, other than any part of such payment that relates to damages in respect of future loss of earnings, shall not be regarded as income or an asset for the purposes of this section.]

86. Surplus. (1857, s. 304)

86.—(1) If the estate of any bankrupt is sufficient to pay F90[one euro in the euro], with interest at the rate currently payable on judgment debts, and to leave a surplus the Court shall order such surplus to be paid or delivered to or vested in the bankrupt, his personal representatives or assigns.

• (2) The order shall for all purposes be deemed to be a conveyance, assignment or transfer of property and, where appropriate, may be registered accordingly.

PART IV Arrangements under Control of Court

86A. F91[Prohibition on presentation of petition for arrangement under section 87

86A.— A person shall not present a petition to the Court under section 87 after the coming into operation of section 35 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013.]

87. Petition for protection. (1857, s. 343)

87.—(1) Any debtor unable to meet his engagements with his creditors and wishing to place the state of his affairs before them with a view to making a proposal for the composition of his debts, under the control of the Court, and to subject himself to the jurisdiction of the Court as provided by this Part may present a petition to the Court setting out the reason for his inability to pay his debts and requesting that his person and property may be protected until further order from any action or other process.

• (2) The Court, on such petition, may by order grant such protection and renew the same from time to time as it thinks fit.

• (3) The Court may refuse to grant protection to any debtor who is a member of a partnership, unless all the partners join in the petition.

(1872, s. 62)

• (4) In this section “process” includes a bankruptcy summons and the registration of F92[a judgment mortgage under section 116 of the Land and Conveyancing Law Reform Act 2009].

• (5) While an order for protection is in force a creditor shall not be entitled to register any F92[judgment mortgage] referred to in subsection (4) and any purported registration shall be of no effect.

• (New)

• (6) If a debtor, at the time of his petition, is in prison by virtue of section 6 of the Enforcement of Court Orders Act, 1940, the Court, on granting protection, may order his release.

88. Restriction on dealing with property. (New)

88.—After an order for protection has been granted and so long as it is in force the arranging debtor shall not, without the prior sanction of the Court, pledge, part with or dispose of his property or any part thereof, save in the ordinary course of trade or business.

89. Effect of protection on execution orders. (New)

89.—(1) An order for protection may be granted notwithstanding that there is an execution order in the hands of a sheriff or county registrar and the order shall operate to protect against execution save as provided by this section.

• (2) The order for protection shall not affect an execution order on foot of which the sheriff or county registrar has made a seizure or gone into possession, and in such case the execution creditor may recover such amount of his debt as may be realised by the execution.

• (3) In any case when the sheriff or county registrar has not made a seizure or gone into possession on foot of an execution order, the order for protection shall protect the debtor from further process in respect thereof and the execution creditor shall be bound by the arrangement.

90. Procedure on grant of protection. (New)

90.—On the granting of an order for protection—

• (a) the Court shall direct the arranging debtor to call a preliminary meeting of his creditors at which meeting the arranging debtor shall present a statement of his assets and liabilities and keep a minute of the proceedings;

• (b) the Court shall direct a private sitting before the Court (to be held at a date specified in the order) for the purpose of considering his proposal;

• (c) the arranging debtor shall deliver forthwith to the Official Assignee a memorandum containing:

• (i) the date of the order for protection,

• (ii) his name and address,

• (iii) the amount of liabilities secured, partly secured and unsecured,

• (iv) the amount of assets,

and shall deliver a duplicate of the said memorandum to the Central Office.

91. Filing of statements. (1857, s. 345 in pt.)

91.—The arranging debtor shall file in the Official Assignee's Office F93[no later than 7 days after the conclusion of the preliminary meeting] referred to in section 90—

• (a) a statement of affairs in the prescribed form, which shall have endorsed thereon such proposal as he is able to make for the future payment or compromise of the debts or engagements set out therein, and

• (b) a copy of the statement submitted at the preliminary meeting and of the minute of the proceedings with any proposal made thereat or at any adjournment thereof.

92. Acceptance of proposal. (1857, s. 346 in pt., s. 348)

92.—(1) (a) If, at the private sitting referred to in section 90 or any adjournment thereof, three-fifths in number and value of the creditors voting at such sitting either in person or by an agent authorised in writing in that behalf accept the proposal or any modification thereof, it shall be deemed to be accepted by the creditors, subject to the approval of the Court.

(1857, s. 347)

• (b) If approved by the Court, the proposal or any modification thereof shall be binding on the arranging debtor and on all persons who were creditors at the date of the petition and who had notice of the sitting.

• (2) A creditor whose debt is less than F94[€130] shall not be entitled to vote.

• (3) The arranging debtor shall attend the sitting and the Court shall have power to examine him on oath or any witness produced by him or any creditor or person claiming to be a creditor.

• (4) The Court may require any person so examined to sign a transcript of his evidence.

(1857, ss. 346, 347)

• (5) Debts may be proved at the sitting.

93. Vesting in Official Assignee.

93.—(1) If the proposal provides for the vesting of all or part of the arranging debtor's property in the Official Assignee either as security for an offer or for realisation and distribution, that property shall vest in the Official Assignee, if he consents, in accordance with the terms of the proposal on the approval of the proposal by the Court.

• (2) Where all or part of the property is vested in the Official Assignee for realisation and distribution, the Official Assignee shall have for that purpose all such powers in relation to the property as he has in a bankruptcy matter. A proposal under which property is so vested is referred to in this Act as a “vesting arrangement”.

• (New)

• (3) Section 46 (which relates to a certificate of vesting) shall apply to property which vests in the Official Assignee under this section.

94. Distribution of property in vesting arrangement. (New)

94.—(1) When the Official Assignee has sufficient funds to implement the terms of a vesting arrangement he shall present to the Court for approval a list of creditors admitted by him or by the Court, a copy of the relevant account of the arranging debtor in his books, particulars of expenses, fees, costs, preferential payments and dividend payable to creditors and his report on the realisation of the estate.

• (2) The Court may make such order as it thinks fit for the distribution of the estate or any part thereof by payment of the expenses, fees, costs and preferential payments as well as the relevant dividend.

• (3) The report and the account, together with the order of the Court, shall then be filed in the Central Office and shall be open to inspection by each creditor to whom notice of filing has been given in such form as may be prescribed. No fee shall be charged for inspecting the file.

• (4) If for any reason the estate of the arranging debtor is not fully distributed by such order, second and subsequent distributions shall be made as soon as convenient after the realisation of the residual estate. The procedure shall be the same as for the first distribution.

• (5) In any case where there are no funds, or in the opinion of the Official Assignee insufficient funds, available for distribution to the creditors, the Court may order the payment of expenses, fees and costs in that order so far as the funds extend. Where a balance remains, it shall be transferred to the account referred to in section 84(1).

95. Special private sitting. (cf. 1857, ss. 351, 353 in pt.)

95.—(1) Where a proposal has been approved and the Court considers it necessary and desirable so to do, the Court may on the application of the arranging debtor cause a special private sitting to be held.

• (2) At this sitting the majority in number and value of the creditors who have proved debts of not less than F95[€130] may confirm, alter or annul the proposal.

• (3) If, however, one-third in number and value of such creditors do not attend the sitting, the decision at the sitting shall not be valid unless it is approved by the Court.

96. Carrying proposal into effect. (New)

96.—A proposal shall be considered to be carried into effect—

• (a) in the case of a vesting arrangement, on the approval thereof by the Court, and

• (b) in any other case, at such time as may be prescribed.

97. Lodgment with Official Assignee. (New)

97.—Where the proposal of an arranging debtor (not being a proposal providing for the vesting of all or part of his property in the Official Assignee for realisation and distribution) has been approved, the arranging debtor shall, within the prescribed period, lodge with the Official Assignee for purposes of distribution the necessary amount to pay expenses, fees, costs and the preferential payments, together with the cash, bills or promissory notes (if any) provided for in the proposal.

98. Certificate of arranging debtor. (New: cf. 1872, s. 64 in pt.)

98.—Where the proposal of the arranging debtor has been carried into effect, the Court shall, on the report of the Official Assignee and in the absence of fraud, grant to the arranging debtor a certificate under the seal of the Court, and the certificate shall operate as a discharge to the arranging debtor from the claims of creditors who received notice of the arrangement.

99. Publication in relation to arrangements. (New)

99.—(1) No publication of the affairs of the petitioner or of the proceedings in an arrangement matter shall take place without the sanction of the Court other than the publication in a bona fide trade journal of the particulars set out in the documents filed in the Central Office under section 90.

• (2) Any person who contravenes subsection (1) shall be guilty of an offence.

100. Taking possession of property by Official Assignee. (cf. 1857, s. 344 in pt.)

100.—The Court may, on the application of the Official Assignee or any creditor, at any time after an order for protection is made (and on sufficient cause shown) direct that the property of the arranging debtor or any part thereof shall be possessed and received by the Official Assignee.

101. Discharge of protection order. (New)

101.—The Court may, at any time after the private sitting referred to in section 90, order that the order for protection be discharged on application to that effect being made by the arranging debtor with the concurrence of every creditor who had notice of the private sitting and whose debt is not less than F96[€130].

102. Surplus. (cf. 1872, s. 65 in pt.)

102.—(1) Whenever it appears to the Court that there remains vested in or in the possession or control of the Official Assignee any property of an arranging debtor who has obtained the certificate mentioned in section 98 the Court shall order that it be revested in or returned to, as the case may be, the debtor, his personal representatives or assigns.