Personal Insolvency Act 2012

AN ACT TO AMEND THE LAW RELATING TO INSOLVENCY, TO AMEND THE BANKRUPTCY ACT 1988, TO PROVIDE FOR THE ESTABLISHMENT AND FUNCTIONS OF A BODY TO BE KNOWN AS SEIRBHÍS DÓCMHAINNEACHTA NA hÉIREANN OR, IN THE ENGLISH LANGUAGE, THE INSOLVENCY SERVICE OF IRELAND, AND, IN PARTICULAR, IN THE INTERESTS OF THE COMMON GOOD (INCLUDING THE STABILITY OF THE FINANCIAL SYSTEM IN THE STATE)AND HAVING REGARD TO THE FOLLOWING OBJECTIVES—

(a)THE NEED TO AMELIORATE THE DIFFICULTIES EXPERIENCED BY DEBTORS IN DISCHARGING THEIR INDEBTEDNESS DUE TO INSOLVENCY AND THEREBY LESSEN THE ADVERSE CONSEQUENCES FOR ECONOMIC ACTIVITY IN THE STATE,

(b)THE NEED TO ENABLE CREDITORS TO RECOVER DEBTS DUE TO THEM BY INSOLVENT DEBTORS TO THE EXTENT THAT THE MEANS OF THOSE DEBTORS REASONABLY PERMITS, IN AN ORDERLY AND RATIONAL MANNER, AND

(c)THE NEED TO ENABLE INSOLVENT DEBTORS TO RESOLVE THEIR INDEBTEDNESS (INCLUDING BY DETERMINING THAT DEBTS STAND DISCHARGED IN CERTAIN CIRCUMSTANCES) IN AN ORDERLY AND RATIONAL MANNER WITHOUT RECOURSE TO BANKRUPTCY, AND TO THEREBY FACILITATE THE ACTIVE PARTICIPATION OF SUCH PERSONS IN ECONOMIC ACTIVITY IN THE STATE,

TO PROVIDE FOR ADDITIONAL MECHANISMS AND ARRANGEMENTS RELATING TO INSOLVENCY TO FACILITATE THE ACHIEVEMENT OF THOSE OBJECTIVES, TO PROVIDE FOR THE APPOINTMENT, FUNCTIONS, POWERS AND JURISDICTION OF NEW JUDGES OF THE CIRCUIT COURT TO BE STYLED SPECIALIST JUDGES OF THE CIRCUIT COURT AND, FOR THAT PURPOSE, TO AMEND THE COURTS (ESTABLISHMENT AND CONSTITUTION) ACT 1961 AND THE COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961 AND CERTAIN OTHER ENACTMENTS, TO PROVIDE FOR THE REGULATION, SUPERVISION AND DISCIPLINE OF PERSONAL INSOLVENCY PRACTITIONERS, AND TO PROVIDE FOR CONNECTED MATTERS.

[26th December, 2012]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1 Preliminary and General

1. Short title and commencement.

1.— (1) This Act may be cited as the Personal Insolvency Act 2012.

• (2) This Act shall come into operation on such day or days as may be fixed by order or orders made by the Minister, either generally or by reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

2. Interpretation.

2.— (1) In this Act—

“appropriate court” shall be construed in accordance with section 5;

“bankruptcy” shall be construed in accordance with the Bankruptcy Act 1988;

“bankruptcy payment order” means an order made pursuant to section 85D of the Bankruptcy Act 1988;

“civil partner”, in relation to a person, means a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 but does not include a civil partner who is living separately from the person;

“connected person”, in relation to a person, shall be construed in accordance with subsection (2);

“creditor”, in relation to a debt, means a natural or legal person to whom a debtor owes that debt or to whom the debtor otherwise has a liability in respect of that debt;

F1["Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016⁴⁵ 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 (General Data Protection Regulation);]

“debtor”, in relation to a debt, means a natural person who—

• (a) owes a debt to a creditor, or

• (b) otherwise has a liability to a creditor;

“Debt Settlement Arrangement” means—

• (a) an arrangement entered into by a debtor, or

• (b) an arrangement for which a proposal is made,

under Chapter 3 of Part 3;

“domestic support order” means—

• (a) an order which is an antecedent order for the purposes of the Family Law (Maintenance of Spouses and Children) Act 1976,

• (b) an order which by virtue of any statutory provision is enforceable in the State as if it were an antecedent order under the Family Law (Maintenance of Spouses and Children) Act 1976,

• (c) an order which is an antecedent order within the meaning of section 43 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, and

• (d) an order which is an antecedent order for the purposes of sections 176 to 186 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

“electronic means” includes electrical, digital, magnetic, optical, electromagnetic, biometric and photonic means of transmission of data and other forms of related technology by means of which data is transmitted;

“establishment day” means the day appointed under section 7;

“excludable debt”, in relation to a debtor, means any:

• (a) liability of the debtor arising out of any tax, duty, levy or other charge of a similar nature owed or payable to the State;

• (b) amount payable by the debtor under the Local Government (Charges) Act 2009;

• (c) amount payable by the debtor under the Local Government (Household Charge) Act 2011;

• (d) liability of the debtor arising out of any rates due to the local authority (within the meaning of the Local Government Act 2001);

• (e) debt or liability of the debtor in respect of moneys advanced to the debtor by the Health Service Executive under the Nursing Homes Support Scheme Act 2009;

• (f) debt due by the debtor to any owners’ management company in respect of annual service charges under section 18 of the Multi-Unit Developments Act 2011 or contributions due under section 19 of that Act;

• (g) debt or liability of the debtor arising under the Social Welfare Consolidation Act 2005;

“excluded debt”, in relation to a debtor, means any:

• (a) liability of the debtor arising out of a domestic support order;

• (b) liability of the debtor arising out of damages awarded by a court (or another competent authority) in respect of personal injuries or wrongful death arising from the tort of the debtor;

• (c) debt or liability of the debtor arising from a loan (or forbearance of a loan) obtained through fraud, misappropriation, embezzlement or fraudulent breach of trust;

• (d) debt or liability of the debtor arising by virtue of a court order made under the Proceeds of Crime Acts 1996 and 2005 or by virtue of a fine ordered to be paid by a court in respect of a criminal offence;

“insolvency arrangement” means a Debt Relief Notice, Debt Settlement Arrangement or a Personal Insolvency Arrangement;

“Insolvency Service” means the Insolvency Service of Ireland established by section 8;

“insolvent”, in relation to a debtor, shall be construed as meaning that the debtor is unable to pay his or her debts in full as they fall due;

“Minister” means the Minister for Justice and Equality;

F2[“Official Assignee” has the same meaning as it has in the Bankruptcy Act 1988;]

F3["personal data" means personal data within the meaning of—

• (a) the Data Protection Regulation, or

• (b) Part 5 of the Data Protection Act 2018;]

“Personal Insolvency Arrangement” means—

• (a) an arrangement entered into by a debtor, or

• (b) an arrangement for which a proposal is made,

under Chapter 4 of Part 3;

“personal insolvency practitioner” means a person authorised under Part 5 to act as a personal insolvency practitioner;

“prescribed” means prescribed by regulations under section 3;

“principal private residence” means a dwelling in which the debtor ordinarily resides and includes—

• (a) any building or structure, or

• (b) any vehicle or vessel (whether mobile or not),

together with any garden or portion of ground attached to and occupied with the dwelling or otherwise required for the amenity or convenience of the dwelling;

“protective certificate” means a certificate issued by the appropriate court pursuant to Chapter 3 or Chapter 4 of Part 3;

“relative”, in relation to a person, means a brother, sister, parent, spouse or civil partner of the person or a child of the person or of the spouse or civil partner;

“relevant pension arrangement” means:

• (a) a retirement benefits scheme, within the meaning of section 771 of the Taxes Consolidation Act 1997, for the time being approved by the Revenue Commissioners for the purposes of Chapter 1 of Part 30 of that Act;

• (b) an annuity contract or a trust scheme or part of a trust scheme for the time being approved by the Revenue Commissioners under section 784 of the Taxes Consolidation Act 1997;

• (c) a PRSA contract, within the meaning of section 787A of the Taxes Consolidation Act 1997, in respect of a PRSA product, within the meaning of that section;

• (d) a qualifying overseas pension plan within the meaning of section 787M of the Taxes Consolidation Act 1997;

• (e) a public service pension scheme within the meaning of section 1 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004;

• (f) a statutory scheme, within the meaning of section 770(1) of the Taxes Consolidation Act 1997, other than a public service pension scheme referred to in paragraph (e);

• (g) such other pension arrangement as may be prescribed by the Minister, following consultation with the Ministers for Finance, Social Protection and Public Expenditure and Reform;

“secured creditor”, in relation to a debt, means a creditor of the debtor who holds, in respect of his or her debt, security (other than a guarantee or pledge referred to in section 35(8) of the Credit Union Act 1997) in or over property of the debtor;

“secured debt” means a debt the payment for which is secured by security in or over any asset or property of any kind;

“security” means, in relation to a debt, any means of securing payment of the debt and includes—

• (a) a mortgage, judgment mortgage, charge, lien, pledge, hypothecation or other security interest or encumbrance or collateral in or over any property (whether real or personal and including choses-in-action),

• (b) an assignment by way of security, and

• (c) an undertaking or agreement by any person (including a solicitor) to give or create a security interest in property;

“solvent”, with respect to a debtor, means that the debtor is not insolvent;

“specified creditor”, in relation to a protective certificate, means a person specified in a protective certificate as being the person to whom a particular debt is owed;

“specified debt”, in relation to a protective certificate, means a debt that is specified in that protective certificate as being subject to that certificate;

“spouse”, in relation to a person, does not include a spouse who is living separately from the person;

“unsecured creditor”, in relation to a debt, means any creditor who is not a secured creditor;

“unsecured debt” means a debt in respect of which payment is not secured by security.

• (2) Any question whether a person is connected with another shall be determined in accordance with the following provisions of this paragraph (any provision that one person is connected with another person being taken to mean also that that other person is connected with the first-mentioned person):

• (i) a person is connected with an individual if that person is a relative of the individual;

• (ii) a person, in his or her capacity as a trustee of a trust, is connected with an individual who or any of whose children or as respects whom any body corporate which he or she controls is a beneficiary of the trust;

• (iii) a person is connected with any person with whom he or she is in partnership;

• (iv) a company is connected with another person if that person has control of it or if that person and persons connected with that person together have control of it;

• (v) any two or more persons acting together to secure or exercise control of a company shall be treated in relation to that company as connected with one another and with any person acting on the directions of any of them to secure or exercise control of the company.

• (3) In this Act a reference to an asset includes an interest in an asset and a reference to a liability includes an interest in a liability.

• (4) For the purposes of sections 26(2)(f)(i), 87(g) and 120(g), a debtor enters into a transaction with another person at an undervalue if he or she—

• (a) makes a gift to, or otherwise enters into a transaction with, that other person on terms that provide for the debtor to receive no consideration, or

• (b) enters into a transaction with that other person, the value of which, in money or money’s worth, is significantly greater than the value, in money or money’s worth, of the consideration provided by that other person.

• (5) For the purposes of sections 26(2)(f)(ii), 87(h) and 120(h), a debtor gives a preference to another person if—

• (a) the other person is a creditor of the debtor to whom a debt (other than an excluded debt or an excludable debt) is owed, or is a surety or guarantor for any such debt, and

• (b) the debtor does any thing (including the granting of security), or suffers any thing to be done, which has the effect of putting that other person into a position which, in the event that the insolvency arrangement concerned is issued or comes into effect, as the case may be, would be better than the position in which that other person would have been if that thing had not been done or suffered to be done.

3. Regulations and orders.

3.— (1) The Minister or, as the case may be, the Insolvency Service, may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

• (2) A regulation under this Act may contain such incidental, supplementary and consequential provisions as the Minister or, as the case may be, the Insolvency Service, considers necessary or expedient for the purposes of the regulations.

• (3) Every regulation and order (other than an order referred to in section 1(2)) made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

4. Expenses.

4.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

5. Appropriate court.

5.— (1) In this Act “appropriate court” means—

• (a) where the application is made under Chapter 3 or 4 of Part 3, and the total liabilities of a debtor determined on the basis of the Prescribed Financial Statement completed by the debtor concerned in respect of the application concerned are in excess of €2,500,000, the High Court, and

• (b) in any other case, the Circuit Court.

• F4[(2) An application to the Circuit Court under this Act shall be made in the circuit in which—

• (a) the debtor to whom the application relates is residing at the time of the making of the application or has resided within one year of the time of the making of the application, or

• (b) the debtor to whom the application relates has a place of business at the time of the making of the application or has had a place of business within one year of the time of the making of the application.]

• (3) An application to the Circuit Court under this Act may be made—

• (a) in such office of, or attached to, the Circuit Court within the circuit concerned,

• (b) in such combined court office (within the meaning of section 14 of the Courts and Court Officers Act 2009) within the circuit concerned, or

• (c) in such office of the Courts Service, within the circuit concerned, designated by the Courts Service for the purpose of this Act,

as may be prescribed by rules of court.

6. Repeals.

6.— F5[…]

PART 2 Insolvency Service

7. Establishment day.

7.— The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

8. Establishment of Insolvency Service.

8.— (1) On the establishment day there shall stand established a body to be known, in the English language, as the Insolvency Service of Ireland or, in the Irish language, as Seirbhís Dócmhainneachta na hÉireann to perform the functions conferred on it by or under this Act.

• (2) The Insolvency Service shall be a body corporate with perpetual succession and, without prejudice to the generality of the foregoing, may sue and be sued in its corporate name.

• (3) The Insolvency Service shall—

• (a) subject to this Act, be independent in the exercise of its functions under this Act, and

• (b) have all powers that are necessary or expedient for, or incidental to, the performance of those functions.

• (4) The seal of the Insolvency Service may be authenticated by—

• (a) the signature of the Director, F6[or]

• (b) the signature of a member of the staff of the Insolvency Service authorised by the Director to act in that behalf.

• (5) Judicial notice shall be taken of the seal of the Insolvency Service and, accordingly, every document—

• (a) purporting to be a document made by the Insolvency Service, and

• (b) purporting to be sealed with the seal of the Insolvency Service authenticated in accordance with subsection (4),

shall be received in evidence and be deemed to be such document without further proof unless the contrary is proved.

• (6) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Insolvency Service by the Director or any person generally or specially authorised by the Director in that behalf.

9. Functions of Insolvency Service.

9.— (1) Subject to this Act, the principal functions of the Insolvency Service shall be to—

• (a) monitor the operation of the arrangements relating to personal insolvency provided for in this Act,

• (b) consider applications for Debt Relief Notices in accordance with Chapter 1 of Part 3,

• (c) process applications for protective certificates in accordance with Chapter 3 or 4 of Part 3,

• (d) maintain the Registers established under section 133,

• F7[(e) promote public awareness and understanding of matters relating to personal insolvency, and provide information on the working of this Act and of the Bankruptcy Act 1988, and on related matters including those specified in paragraphs (jb), (jc) and (jd),]

• (f) advise the Minister on any matter relating to its functions,

• F8[(g) in accordance with section 47—

• (i) authorise a person or class of persons to perform the functions of an approved intermediary,

• (ii) supervise and regulate persons or classes of persons authorised to perform the functions of an approved intermediary,]

• (h) in accordance with Part 5—

• (i) authorise individuals to carry on practice as personal insolvency practitioners,

• (ii) supervise and regulate persons practising as personal insolvency practitioners,

• (iii) perform such functions as are assigned to the Insolvency Service under that Part,

• (i) prepare and issue guidelines as to what constitutes a reasonable standard of living and reasonable living expenses under section 23,

• (j) arrange for the provision of such education and training, in relation to the performance by them of their functions under this Act, of approved intermediaries, personal insolvency practitioners and other persons, as it thinks fit,

• F9[(ja) subject to section 60(3) of the Bankruptcy Act 1988, administer the functions assigned to the Official Assignee by the Bankruptcy Act 1988 or any other enactment,]

• F10[(jb) compile, collect, analyse and disseminate information and statistics on the operation of this Act and of the Bankruptcy Act 1988,

• (jc) monitor and analyse developments, as respects the situation of insolvent debtors and trends in, and patterns of, debtor and creditor behaviour,

• (jd) develop strategies for communicating with the public aimed at promoting the use of insolvency arrangements and enhancing their effective application,]

• (k) contribute to the development of policy in the area of personal insolvency, and

• (l) carry out any other duties and exercise any other powers assigned to it by or under this Act.

• (2) The Insolvency Service may disseminate, to such extent and in such manner as it considers appropriate, information relating to the services it provides under this Act.

• (3) The Insolvency Service may, subject to this Act, do anything which it considers necessary or expedient to enable it to perform its functions.

• (4) Any function of the Insolvency Service may, without prejudice to its general responsibilities under this Act, be performed through or by the Director or any member of its staff duly authorised in that behalf by the Director.

• (5) The Director or a member of staff of the Insolvency Service who performs any of its functions is presumed in any proceedings to have been authorised by it to do so on its behalf, unless the contrary is shown.

10. Composition of Insolvency Service.

10.— The Insolvency Service shall consist of—

• (a) the Director of the Insolvency Service appointed under section 11, and

• (b) such members of staff of the Insolvency Service appointed under this Part.

11. Director.

11.— (1)(a) There shall be a Director of the Insolvency Service who shall be known, and is referred to in this Act, as the “Director”.

• (b) Subject to subsection (13), the Director shall hold office for such period, not exceeding 5 years from the date of his or her appointment under this section, as may be determined by the Minister.

• (c) A person who has held office as Director shall be eligible for re-appointment but shall not hold office for periods the aggregate of which exceeds 10 years.

• (2) Subject to subsections (12) and (13), the Director shall—

• (a) be appointed by the Minister on the recommendation of the Director of the Public Appointments Service after a competition for that purpose under section 47 of the Public Service Management (Recruitment and Appointments) Act 2004 has been held on behalf of the Minister, and

• (b) have the appropriate experience, qualifications, training and expertise for the appointment.

• (3) The Director shall—

• (a) manage and control generally the Insolvency Service’s staff, administration and business,

• (b) be responsible to the Minister for the performance of his or her functions, and

• (c) perform such other functions (if any) as may be required by the Minister or as may be authorised under this Act.

• (4) The Director may be removed or suspended from office by the Minister for stated reasons.

• (5) The Director shall provide the Minister with such information, including financial information, in respect of the performance of the Director’s functions as the Minister may require.

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

• (7) Such of the functions of the Director as the Director may specify may, with the consent of the Minister, be performed by such member or members of the staff of the Insolvency Service as the Director may authorise for that purpose, and that member or those members of staff shall be accountable to the Director for the performance of the functions so delegated.

• (8) The Director shall be accountable to the Minister for the performance of functions delegated by him or her in accordance with subsection (7).

• (9) The Director may, with the consent of the Minister in writing, revoke a delegation made in accordance with this section.

• (10) The functions referred to in subsection (7) do not include a function delegated by the Minister to the Director subject to a condition that the function shall not be delegated by the Director to anyone else.

• (11) If the Director—

• (a) dies, resigns or is removed from office, or

• (b) is for any reason temporarily unable to continue to perform his or her functions,

the Minister may designate such member or members of the staff of the Insolvency Service as he or she considers appropriate to perform the functions of the Director until—

• (i) in the circumstances mentioned in paragraph (a), an appointment is made in accordance with subsection (2),

• (ii) in the circumstances mentioned in paragraph (b), the Director is able to resume the performance of his or her functions, or

• (iii) the Minister decides to revoke or alter a designation made under this subsection.

• (12) The Minister may, before the establishment day, designate a person to be appointed Director.

• (13) If, immediately before the establishment day, a person stands designated by the Minister under subsection (12)—

• (a) the Minister shall appoint that person to be the first Director, and

• (b) for the purposes of subsection (1)(b), the date of that person’s designation under subsection (12) shall be deemed to be the date of his or her appointment under this section.

12. Staff of Insolvency Service.

12.— (1) The Minister may, after consultation with the Insolvency Service, appoint such number of persons to be members of the staff of the Insolvency Service as may be approved by the Minister for Public Expenditure and Reform.

• (2) The Minister shall, after consultation with the Insolvency Service and with the consent of the Minister for Public Expenditure and Reform, determine the grades of the staff of the Insolvency Service and the numbers of staff in each grade.

• (3) Each appointment under this section shall be—

• (a) on such terms and conditions relating to remuneration as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine, or

• (b) on such other terms and conditions as may be determined by the Insolvency Service and approved by the Minister with the consent of the Minister for Public Expenditure and Reform.

13. Superannuation.

13.— (1) The Insolvency Service F11[may], with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform, make a scheme or schemes for the granting of superannuation benefits to or in respect of the Director and such of its staff as it thinks fit.

• (2) A scheme under this section shall fix the time and conditions of retirement of all persons to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons.

• (3) The Insolvency Service may, with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform, make a scheme amending a scheme under this section including a scheme under this subsection.

• (4) A scheme under this section shall, if approved by the Minister with the consent of the Minister for Public Expenditure and Reform, be carried out by the Insolvency Service in accordance with its terms.

• (5) A scheme under this section shall include a provision for appeals from a decision relating to a superannuation benefit under the scheme.

• (6) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable pursuant to a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Public Expenditure and Reform, whose decision shall be final.

• (7) No superannuation benefits shall be granted by the Insolvency Service to or in respect of a person on ceasing to be the Director or a member of the staff of the Insolvency Service otherwise than—

• (a) in accordance with a scheme or schemes under this section, or

• (b) with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform.

• (8) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

• (9) Subsection (8) shall, with all necessary modifications, apply to an amendment to a scheme under this section as it applies to a scheme under this section.

• (10) In this section—

“amending”, in relation to a scheme under this section, includes revoking the scheme;

“superannuation benefit” means any pension, gratuity or other allowance payable to or in respect of a person ceasing to be the Director or a member of the staff of the Insolvency Service.

14. Strategic plans.

14.— (1) The Insolvency Service shall, as soon as practicable after the establishment day and, in any case, within 6 months after that day, and thereafter within 6 months before each third anniversary of the establishment day, prepare and submit to the Minister, for approval by the Minister with or without amendment, a strategic plan for the Insolvency Service for the ensuing 3 year period.

• (2) A strategic plan shall—

• (a) comply with any directions issued from time to time by the Minister in respect of the form and manner of the plan’s preparation,

• (b) set out the key objectives, outputs and related strategies of the Insolvency Service, including the use of resources, and

• (c) have regard to the need to ensure the most beneficial, effective and efficient use of the Insolvency Service’s resources.

• (3) The Minister shall, as soon as practicable after the strategic plan has been so approved, cause a copy of the strategic plan to be laid before each House of the Oireachtas.

15. Business plan.

15.— (1) Subject to this section, the Insolvency Service shall, in each year—

• (a) prepare and adopt a business plan in respect of that year or of such other period as may be determined by the Minister, and

• (b) submit the plan to the Minister.

• (2) A business plan shall—

• (a) indicate the activities of the Insolvency Service for the period to which the business plan relates,

• (b) contain estimates of the number of employees of the Insolvency Service for the period and the business to which the plan relates, and

• (c) accord with policies and objectives of the Minister and the Government as they relate to the functions of the Insolvency Service.

• (3) In preparing the business plan, the Insolvency Service shall have regard to the strategic plan in operation at that time approved under section 14.

• (4) The Insolvency Service shall submit to the Minister with a business plan a statement of its estimate of the income and expenditure relating to the plan that is consistent with the moneys estimated to be available to the Insolvency Service for the period to which the business plan relates.

16. Reports by the Insolvency Service.

16.— (1) Not later than 4 months after the end of each financial year, the Insolvency Service shall make a written report (in this section referred to as the “annual report”) to the Minister on the performance of the functions of the Insolvency Service during that year.

• (2) The annual report submitted under subsection (1) shall be in such form and shall include information in respect of such matters as the Insolvency Service thinks appropriate or as the Minister may direct.

• (3) The Insolvency Service—

• (a) may make any other reports that it considers appropriate for drawing to the Minister’s attention matters relating to the functions of the Insolvency Service that have come to its notice and that, in its opinion, should, because of their gravity or other exceptional circumstances, be the subject of a special report to the Minister, and

• (b) shall make a report on any matter if so requested by the Minister.

• (4) The Insolvency Service shall give to the Minister such other information as the Minister may require in respect of—

• (a) the performance by the Insolvency Service of its functions and its policies in respect of such performance,

• (b) any specific document or account prepared by it, or

• (c) the annual report or any report referred to in subsection (3).

• (5) For the purposes of subsection (1), the period between the establishment day and the following 31 December shall be deemed to be a financial year.

• (6) Not later than 2 months after receiving an annual report submitted under subsection (1), the Minister shall cause a copy of the report to be laid before each House of the Oireachtas.

• (7) The Insolvency Service shall publish its annual report in such form and manner as it considers appropriate as soon as practicable after subsection (6) has been complied with in respect of the report.

• (8) The Minister may, if he or she considers it appropriate to do so, cause a copy of a report submitted under subsection (3)—

• (a) to be laid before each House of the Oireachtas, and

• (b) where paragraph (a) has been complied with, published in such form and manner as he or she considers appropriate.

17. Accounts and audit.

17.— (1) The Insolvency Service shall—

• (a) submit estimates of income and expenditure to the Minister in such form, in respect of such periods and at such times as may be specified by the Minister, and

• (b) provide to the Minister any information which the Minister may require regarding those estimates and also regarding the proposals and plans of the Insolvency Service in respect of a period specified by the Minister.

• F12[(2) Subject to subsection (2A), the Insolvency Service shall keep in such form and in respect of such accounting periods as may be approved of by the Minister, with the consent of the Minister for Public Expenditure and Reform, all proper and usual accounts—

• (a) of moneys received and spent by the Insolvency Service, including an income and expenditure account and a balance sheet, and

• (b) relating to the functions of the Official Assignee under the Bankruptcy Act 1988 or any other enactment.

• (2A) Accounts which are required to be maintained by the Official Assignee under the Bankruptcy Act 1988 in relation to the estates of bankrupts or in respect of unclaimed dividends shall be kept in such a manner that monies or securities or interest accrued or earned thereon in relation to the estates of bankrupts or unclaimed dividends are not intermingled with monies otherwise held by the Insolvency Service.]

(3)(a) The accounts of the Insolvency Service shall be approved by it as soon as practicable (but not later than 3 months after the end of the accounting period to which they relate) and submitted by it to the Comptroller and Auditor General for audit.

• (b) A copy of the accounts and the report of the Comptroller and Auditor General on them shall be presented to the Minister as soon as practicable, and the Minister shall cause a copy of the accounts and report to be laid before each House of the Oireachtas.

(4)(a) The Insolvency Service, the Director and any relevant member of the staff shall, whenever so required by the Minister, permit any person appointed by the Minister to examine the accounts of the Insolvency Service in respect of any financial year or other period and shall facilitate any such examination, and the Insolvency Service shall pay to the Minister such fee for the examination as may be fixed by the Minister.

• (b) In this subsection, “relevant member of the staff” means a member of the staff of the Insolvency Service to whom duties relating to those accounts have been duly assigned.

18. Appearance before Committee of Dáil Éireann established to examine, etc., appropriation accounts, etc.

18.— (1) The Director shall, whenever required in writing by a Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—

• (a) the regularity and propriety of the transactions recorded, or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Insolvency Service is required by this Act to prepare,

• (b) the economy and efficiency of the Insolvency Service in the use of resources,

• (c) the systems, procedures and practices employed by the Insolvency Service for the purpose of evaluating the effectiveness of its operations, and

• (d) any matter affecting the Insolvency Service referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993, or any other report of the Comptroller and Auditor General (in so far as the report relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

• (2) In giving evidence to the Committee under this section, the Director shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such policy.

19. Appearance before other committees of Houses of Oireachtas.

19.— (1) The Director shall, at the request in writing of a Committee, attend before it to give account for the general administration of the Insolvency Service as is required by the Committee and, for that purpose, shall provide the Committee with such information (including documents) as it specifies and as is in the possession of, or is available to, the Director.

• (2) The Director is not required to give an account before a Committee of any matter that is or has been or may at a future time be the subject of—

• (a) a decision or determination by the Insolvency Service in respect of a particular person, or

• (b) proceedings before a court or tribunal in the State.

• (3) The Director shall, if of the opinion that subsection (2) applies to a matter about which he or she is requested to give an account before a Committee, inform the Committee of that opinion and the reasons for the opinion.

• (4) The information required under subsection (3) to be given to the Committee shall be given in writing unless it is given when the Director is before the Committee.

• (5) If, on being informed of the Director’s opinion about a matter, the Committee decides not to withdraw its request, the High Court may, on application under subsection (6), determine whether subsection (2) applies to the matter.

• (6) An application for a determination under subsection (5) may be made in a summary manner to the High Court by—

• (a) the Director not later than 21 days after being informed by the Committee of its decision not to withdraw its request, or

• (b) the chairperson of the Committee acting on its behalf.

• (7) Pending the determination of an application under subsection (6), the Director shall not attend before the Committee to give an account of the matter to which the application relates.

• (8) If the High Court determines that subsection (2) applies to the matter, the Committee shall withdraw its request relating to the matter, but if the High Court determines that subsection (2) does not apply, the Director shall attend before the Committee to give an account of the matter.

• (9) In this section, “Committee” means a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee referred to in section 18(1), the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann), or a subcommittee of such a committee.

20. Power to charge and recover fees.

20.—F13[(1) Subject to subsection (5), the Insolvency Service, with the consent of the Minister, may, and if directed by the Minister to do so and in accordance with the terms of the direction, shall, prescribe by regulations the fees to be paid to it and when they fall due in respect of—

• (a) (i) the performance of functions,

• (ii) the provision of services, and

• (iii) the carrying on of activities,

by it under this Act, and

• (b) the performance of functions by the Official Assignee under the Bankruptcy Act 1988 or any other enactment.]

• (2) Without prejudice to the generality of subsection (1), the Insolvency Service’s power under that subsection to prescribe fees includes the power to provide for exemptions from the payment of fees, or waiving, remitting or refunding fees (in whole or in part), in different circumstances or classes of circumstances or in different cases or classes of cases.

• (3) Fees received under this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Public Expenditure and Reform directs.

• (4) The Insolvency Service may recover as a simple contract debt in any court of competent jurisdiction, from a person by whom the fee is payable, any amount due and owing to the Insolvency Service in respect of a fee charged under this section.

• (5) In making regulations pursuant to this section the Insolvency Service may have regard to—

• (a) the expenses incurred by it, or

• (b) the expenses which it is anticipated will be incurred by it,

in performing its functions under this Act F14[or in the performance by the Official Assignee of his or her functions under the Bankruptcy Act 1988 or any other enactment], so that so much of those expenses as it considers appropriate are recovered from fees to be charged pursuant to such regulations.

21. Advances by Minister to Insolvency Service.

21.— The Minister shall advance to the Insolvency Service out of moneys provided by the Oireachtas such amount or amounts as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine for the purposes of expenditure by the Insolvency Service in the performance of its functions.

21A. F15[Retention of information by Insolvency Service

21A.— F16[…]]

22. Restriction of Freedom of Information Acts 1997 and 2003.

22.—F17[…]

23. Guidelines on reasonable standard of living, reasonable living expenses for debtors.

23.— (1) The Insolvency Service shall, for the purposes of sections 26, 65(4) and 99(4) and section 85D (as inserted by section 157) of the Bankruptcy Act 1988, prepare and issue guidelines as to what constitutes a reasonable standard of living and reasonable living expenses.

• (2) Before issuing guidelines under subsection (1), the Insolvency Service shall consult with the Minister, the Minister for Finance, the Minister for Social Protection and such other persons or bodies as the Insolvency Service considers appropriate or as the Minister may direct.

• (3) In preparing guidelines to be issued under subsection (1), the Insolvency Service shall have regard to—

• (a) such measures and indicators of poverty set out in Government policy publications on poverty and social inclusion as the Insolvency Service considers appropriate,

• (b) such official statistics (within the meaning of the Statistics Act 1993) and surveys relating to household income and expenditure published by the Central Statistics Office as the Insolvency Service considers appropriate,

• (c) the Consumer Price Index (All Items) published by the Central Statistics Office or any equivalent index published from time to time by that Office,

• (d) such other information as the Insolvency Service considers appropriate for the performance of its functions under this section,

• (e) differences in the size and composition of households, and the differing needs of persons, having regard to matters such as their age, health and whether they have a physical, sensory, mental health or intellectual disability, and

• (f) the need to facilitate the social inclusion of debtors and their dependants, and their active participation in economic activity in the State.

• (4) Guidelines issued under subsection (1) may provide examples of—

• (a) expenses that may be allowed as reasonable living expenses, and

• (b) expenses that may not be allowed as reasonable living expenses.

• (5) The Insolvency Service shall make guidelines issued under subsection (1) available to members of the public on its website.

• (6) Subject to subsection (7), the Insolvency Service shall issue guidelines under subsection (1) at intervals of such length, not being more than one year, as it considers appropriate.

• (7) Failure by the Insolvency Service to comply with subsection (6) shall not render invalid for the purposes of this Act the guidelines most recently issued by it under this section.

24. Insolvency Service may communicate by electronic means.

24.— Nothing in this Act shall be construed as preventing the Insolvency Service, in the performance of its functions under this Act, from sending or receiving documents or other information, or otherwise communicating, by electronic means.

PART 3 Insolvency Arrangements

Chapter 1 Debt Relief Notices

25. Interpretation of Chapter 1.

25.— In this Chapter—

“Act of 1995” means the Consumer Credit Act 1995;

“application date” means the date on which an application under section 29 for a Debt Relief Notice is made to the Insolvency Service;

“approved intermediary” means a person authorised under section 47 to perform the functions of an approved intermediary under this Chapter;

F18[“debt”, in relation to a debtor, means a debt for a liquidated sum that, on the application date, is payable either immediately or at some certain future time;]

“Debt Relief Notice” means a Debt Relief Notice issued under section 31;

“Debt Relief Notice process” in relation to a debtor, means the process that commences with the submission of a written statement by the debtor under section 27(1) and which concludes, as the case may be, when—

• (a) the debtor’s application for a Debt Relief Notice is withdrawn, deemed to be withdrawn or refused, in accordance with this Chapter, or

• (b) the Debt Relief Notice issued in relation to that debtor ceases to have effect in accordance with this Chapter;

“qualifying debt” in relation to a debtor, means a debt other than an excluded debt and—

• (a) includes the following:

• (i) credit card debt;

• (ii) an overdraft or an unsecured loan from a bank or other entity regulated by the Central Bank of Ireland which carries on business in the State and is regulated by the Central Bank of Ireland;

• (iii) debt for payment of one or more than one bill in respect of rent, utilities or telephone;

• (iv) liquidated debts incurred by the debtor as surety for another person, F19[…]

• (b) subject to sections 35(9) and 46, may include a secured debt, and

• (c) does not include an excludable debt, unless it is a permitted debt;

“specified creditor” shall be construed in accordance with section 32(c)(ii) and references to a specified creditor include a reference to any person to whom the right to claim the whole or any part of a specified qualifying debt concerned passes, by assignment or operation of law, after the application date concerned;

“specified debtor” means a person who is the subject of a Debt Relief Notice and, in relation to a particular Debt Relief Notice, means the person who is the subject of that Notice in accordance with section 32(a);

“specified qualifying debts” shall be construed in accordance with section 32(b);

“supervision period” shall be construed in accordance with section 34 and includes a supervision period as extended under that section;

“termination”, in relation to a Debt Relief Notice, means its termination by order of a court under section 43 or 44.

26. Eligibility criteria for a Debt Relief Notice.

26.— (1) Subject to the provisions of this Chapter, a debtor shall not be eligible for the issue of a Debt Relief Notice unless an application for such a Notice is made on his or her behalf in accordance with section 29, and he or she satisfies the eligibility criteria specified in subsection (2).

• (2) Subject to this section, the eligibility criteria referred to in subsection (1) are that the debtor, on the application date:

• (a) has qualifying debts that amount to F20[€35,000] or less;

• (b) has net disposable income, calculated in accordance with subsection (5), of €60 or less a month;

• (c) has assets, calculated in accordance with subsection (6), worth F21[€1,500] or less;

• (d) is domiciled in the State or, within one year before the application date, has ordinarily—

• (i) resided in the State, or

• (ii) had a place of business in the State;

• (e) is, taking into account the factors referred to in subsection (7), insolvent and has no likelihood of becoming solvent within the period of 3 years commencing on the application date, while also maintaining a reasonable standard of living for himself or herself and his or her dependants;

• (f) has not, during the period of 2 years ending on the application date—

• (i) entered into a transaction with a person at an undervalue that has materially contributed to the debtor’s inability to pay his or her debts (other than any debts due to the person with whom the debtor entered the transaction at an undervalue), or

• (ii) given a preference to a person that has had the effect of substantially reducing the amount available to the debtor for the payment of his or her debts (other than a debt due to the person who received the preference);

• (g) is not ineligible under subsection (4) or (8) for the issue of a Debt Relief Notice.

• (3) Where section 135 has been applied—

• (a) references in paragraphs (a) and (c) of subsection (2) to a debtor’s debts and assets, and

• (b) references in subsection (6)(b)(i) to the debtor’s savings,

shall be construed as referring to the amounts concerned after such set-off.

• (4) F22[…]

• (5) For the purposes of subsection (2)(b)—

• (a) “net disposable income” means the income available to a debtor, calculated in accordance with paragraph (b), less the deductions referred to in paragraph (c),

• (b) the following, in relation to a debtor, shall be taken into account in calculating his or her income—

• (i) his or her salary or wages,

• (ii) the welfare benefits (other than child benefit) of which he or she is in receipt,

• (iii) his or her income from a pension,

• (iv) contributions from other household members, and

• (v) any other income available to him or her,

and

• (c) the following (where applicable), in relation to a debtor, shall be deducted from the sum calculated under paragraph (b):

• (i) his or her reasonable living expenses;

• (ii) income tax payable by him or her;

• (iii) social insurance contributions payable by him or her;

• (iv) payments made by him or her in respect of excluded debts;

• (v) payments made by him or her in respect of excludable debts that are not permitted debts;

• (vi) such other levies and charges on the specified debtor’s income as may be prescribed.

• (6) In calculating a debtor’s assets for the purposes of subsection (2)(c)—

• (a) the value of an asset shall be taken to be its market value, irrespective of any mortgage, charge or other security to which it is subject,

• (b) the items which shall be taken into account include—

• (i) savings;

• (ii) subject to paragraph (c)(iii), vehicles;

• (iii) shares;

• (iv) property (real and personal),

• (c) the following shall not be taken into account:

• (i) the following items, to a total value that does not exceed €6,000—

• (I) household equipment and appliances that are reasonably necessary to maintain a reasonable standard of living for the debtor and his or her dependants, and

• (II) books, tools and other items of equipment used by him or her that are reasonably necessary in his or her employment, business or vocation;

• (ii) one item of personal jewellery to a value not exceeding €750 or such other value as the Minister may prescribe, where the cost of purchase of that item is not included in the qualifying debts of the debtor for the purposes of subsection (2)(a);

• (iii) one motor vehicle, where that motor vehicle is reasonably necessary in order for him or her to carry out his or her everyday activities and—

• (I) is worth €2,000 or less, or is worth such other amount as the Minister may prescribe, where the cost of purchase of that item is not included in the qualifying debts of the debtor for the purposes of subsection (2)(a), or

• (II) where the debtor, or his or her dependant, has a disability, has been specially designed or adapted for use by the debtor or that dependant, as the case may be;

• (iv) where the debtor or his or her dependant is attending a course of primary or second-level education, books, materials and other items of equipment that are reasonably necessary to enable the debtor or that dependant, as the case may be, to participate in and complete that course,

• (v) any interest in or entitlement under a relevant pension arrangement unless subsection (12) applies.

• (7) The factors to be taken into account for the purposes of subsection (2)(e) are—

• (a) the current liabilities of the debtor,

• (b) the contingent and prospective liabilities of the debtor and (insofar as is ascertainable) the times at which such liabilities will become due for payment,

• (c) the current and prospective assets and income of the debtor, and

• (d) guidelines issued under section 23.

• (8) A debtor is ineligible for the issue of a Debt Relief Notice where—

• (a) he or she has ever been a specified debtor,

• (b) he or she has applied for a protective certificate under Chapter 3 or 4 within the period of 12 months ending on the application date,

• (c) he or she, as a debtor, is, as of the application date, a party to a Debt Settlement Arrangement or a Personal Insolvency Arrangement which is in effect,

• (d) he or she, as a debtor, has successfully completed a Debt Settlement Arrangement or a Personal Insolvency Arrangement within the period of 5 years ending on the application date,

• (e) subject to subsection (9), he or she has applied for bankruptcy and the petition concerned has not been adjudicated before the application date,

• (f) subject to subsection (10), a creditor has, before the application date, petitioned to make the debtor bankrupt but the hearing concerned has not yet taken place,

• (g) he or she has, before the application date, been adjudicated bankrupt and the adjudication has not been annulled or discharged,

• (h) he or she is, as of the application date, a discharged bankrupt subject to a bankruptcy payment order,

• (i) he or she is, as a debtor, subject, as of the application date, to an arrangement under the control of the court under Part IV of the Bankruptcy Act 1988, or

• (j) he or she has been discharged from bankruptcy within the period of 5 years ending on the application date.

• (9) Subsection (8)(e) shall not apply where the petition concerned—

• (a) has not been presented before the date on which the application for the Debt Relief Notice is determined under section 31,

• (b) has been so presented, but proceedings on the petition have been finally disposed of before that date, or

• (c) has been so presented and proceedings in relation to the petition remain before the High Court at that date, but the Court has referred the person for the purposes of making an application for a Debt Settlement Arrangement or Personal Insolvency Arrangement.

• (10) Subsection (8)(f) shall not apply where the petition concerned—

• (a) has not been presented against the person before the application date,

• (b) has been so presented, but proceedings on the petition have been finally disposed of before that date, or

• (c) has been so presented and proceedings in relation to the petition remain before the Court at that date, but the making of an application for a Debt Relief Notice has been consented to by the creditor or the person who presented the petition on the creditor’s behalf.

• (11) In determining what constitutes reasonable living expenses or a reasonable standard of living for the purposes of this section, regard shall be had to guidelines issued under section 23.

• (12) Where this subsection applies and a debtor has an interest in or entitlement under a relevant pension arrangement which would, if the debtor performed an act or exercised an option, cause that debtor to receive from or at the request of the person administering that relevant pension arrangement—

• (a) an income, or

• (b) an amount of money other than income,

in accordance with the relevant provisions of the Taxes Consolidation Act 1997, that debtor shall be considered as being in receipt of such income or amount of money.

• (13) Subsection (12) applies where the debtor—

• (a) is entitled at the date of the making of the application for a Debt Relief Notice,

• (b) was entitled at any time before the date of the making of the application for a Debt Relief Notice, or

• (c) will become entitled within 6 months of the date of the making of the application for a Debt Relief Notice,

to perform the act or exercise the option referred to in subsection (12).

27. Initiation of Debt Relief Notice process.

27.— (1) A debtor who wishes to become a specified debtor shall submit to an approved intermediary a written statement disclosing all of the debtor’s financial affairs, which statement shall include—

• (a) such information as may be prescribed in relation to—

• (i) his or her creditors,

• (ii) his or her debts and other liabilities,

• (iii) his or her assets, and

• (iv) the efforts made by him or her to reach an alternative repayment arrangement with his or her creditors, and

• (b) such other information as may be prescribed.

• (2) Following receipt of the information referred to in subsection (1), the approved intermediary shall hold a meeting with the debtor and, at that meeting, provide, on the basis of the information, the debtor with the following information and advice—

• (a) whether the debtor satisfies the criteria specified in section 26(2),

• (b) the general effect of making an application under section 29, and the consequences, including any adverse consequences, for the debtor in the event of his or her becoming a specified debtor,

• (c) the other option or options (if any) available to him or her for addressing his or her financial difficulties including, in particular, becoming party to a Debt Settlement Arrangement, Personal Insolvency Arrangement or bankruptcy, and the general effect of choosing one or more than one of those options,

• (d) the fee (if any) that is prescribed for making an application under section 29.

• F23[(2A) For the purposes of subsection (2), "meeting" means a consultation between the approved intermediary and the debtor held in accordance with any regulations made under this section and at which—

• (a) both are present in person at the same time and in the same place, or

• (b) both are not present in person in the same place, but each is able, by means of electronic communications technology, to speak to, to see and to hear the other.

• (2B) The Insolvency Service, with the consent of the Minister, may, and if directed by the Minister to do so and in accordance with the terms of the directions, shall, make regulations in relation to the holding and conduct of meetings referred to in paragraph (a) or (b) of subsection (2A).

• (2C) Without prejudice to the generality of subsection (2B), regulations under that subsection may provide for—

• (a) the circumstances in which a meeting referred to in subsection (2A)(b) shall not be held,

• (b) the form of electronic communications technology that shall not be used in a meeting referred to in subsection (2A)(b), and

• (c) the conduct of meetings referred to in subsection (2A).

• (2D) In making regulations under this section the Insolvency Service shall have regard to:

• (a) the need to protect debtors and creditors who are or may become specified debtors or specified creditors;

• (b) the importance of—

• (i) ensuring effective access to, and participation in, meetings referred to in subsection (2A) by debtors, and

• (ii) supporting the development of a relationship of trust and mutual confidence between debtors and approved intermediaries;

• (c) the need, including having regard to the financial situation of debtors, to ensure efficiency and timeliness in the holding of meetings referred to in subsection (2A);

• (d) the differing needs of debtors (including having regard to age, health, resources, geographical location, access to private or public transport, access to and familiarity with electronic communications technology, working hours and family and other obligations, including caring obligations) in respect of their participation in a meeting referred to in subsection (2A);

• (e) the need to ensure that public confidence in the operation of the Debt Relief Notice process is maintained;

• (f) any other factor that the Insolvency Service considers relevant in ensuring the effective conduct of meetings referred to in subsection (2A).

• (2E) In this section, "electronic communications technology", in relation to a meeting referred to in subsection (2A)(b), means technology that enables real time transmission and real time two-way audio-visual communication.]

• (3) Where the debtor, following the meeting referred to in subsection (2), wishes to apply for a Debt Relief Notice, he or she shall confirm that fact in writing to the approved intermediary.

• F24[(4) The debtor, as soon as practicable after he or she has made the confirmation referred to in subsection (3), shall—

• (a) provide information that fully discloses his or her financial affairs to the approved intermediary, and

• (b) give his or her written consent to the—

• (i) making by the approved intermediary of an enquiry under subsection (9), and

• (ii) disclosure by the approved intermediary of personal data of the debtor, to the extent necessary for such an enquiry.]

• (5) The approved intermediary, on receipt of the information referred to in subsection (4), shall examine that information and, having regard to the obligation of the debtor under subsections (7) and (8), assist the debtor in completing a Prescribed Financial Statement.

• (6) On completion of a Prescribed Financial Statement under subsection (5), the approved intermediary, if he or she is of the opinion that—

• F25[(a) the information contained in the debtor’s Prescribed Financial Statement is true and accurate in all material respects, and]

• (b) the debtor satisfies the eligibility criteria specified in section 26(2),

shall prepare a statement to that effect.

• (7) A debtor who participates in the Debt Relief Notice process (including a debtor who becomes a specified debtor), is at all times under an obligation to act in good faith and to co-operate fully in the process.

• (8) A person referred to in subsection (7), in his or her dealings with the approved intermediary concerned, shall—

• (a) make full and honest disclosure to that approved intermediary of all of his or her assets, income and liabilities and of all other circumstances that are relevant to that process,

• (b) comply with any reasonable request from the approved intermediary to provide assistance, documents and information, including any debt, tax, employment, business, social welfare or other financial records, necessary for the application of the process to the debtor’s case or the performance of the approved intermediary’s functions, and

• (c) ensure that, to the best of his or her knowledge, the Prescribed Financial Statement completed under this section is true, accurate and complete.

• F24[(9) The approved intermediary may, for the purposes of subsections (5) and (6), make such enquiries as he or she considers appropriate to verify the value of a debt or other liability disclosed by the debtor under this section.