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Personal Insolvency Act 2012

Type Act

Publication 2012-12-26

Last updated 2026-03-16

State Partially repealed

Text Latest available text

Source Irish Statute Book

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articles 213

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

16 amending acts · 2026-03-16, revised-IE-2012-act-44@2026-03-16

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

Reform history JSON API

(10) Where a creditor who receives an enquiry from the approved intermediary pursuant to this section does not furnish the information requested within 21 days of the making of the enquiry, the approved intermediary shall be entitled for the purposes of subsection (6) to presume that the value of the debt or liability concerned is that disclosed by the debtor.]

28.— (1) A Debt Relief Notice shall be issued in respect of an excludable debt only where the creditor concerned has consented, or is deemed to have consented, in accordance with this section, to the issue of such a Debt Relief Notice.

(2) Where a debtor who wishes an application under section 29 to be made on his or her behalf wishes the Debt Relief Notice concerned to be issued in respect of an excludable debt, the approved intermediary concerned shall, without delay, notify the creditor concerned of that fact, which notification shall be accompanied by—

(a) such information about the debtor’s affairs (including his or her creditors, debts, liabilities, income and assets) as may be prescribed, and

(b) a request in writing that the creditor confirm, in writing, whether or not the creditor consents, for the purposes of this section, to the Debt Relief Notice being issued in respect of the debt.

(3) A creditor shall comply with a request under subsection (2)(b) within 21 days of receipt of the notification under that subsection.

(4) Where a creditor does not comply with subsection (3), the creditor shall be deemed to have consented to the issue of a Debt Relief Notice in respect of the debt concerned.

(5) In this Chapter, “permitted debt” means an excludable debt to which subsection (1) applies.

29. Application for Debt Relief Notice.

29.— (1) An application for a Debt Relief Notice may only be made—

(a) on behalf of a debtor who has made the confirmation referred to in section 27(3), and

(b) by an approved intermediary who is satisfied, in relation to that debtor, of the matters referred to in paragraphs (a) and (b) of section 27(6).

(2) An application referred to in subsection (1) shall be made to the Insolvency Service, shall be in such form as may be prescribed by the Insolvency Service and shall be accompanied by such fee (if any) as may be prescribed and the following documents—

(a) a copy of the statement made by the approved intermediary under section 27 (6);

(b) a document signed by the debtor confirming that he or she satisfies the eligibility criteria specified in section 26(2);

F26[(c) the Prescribed Financial Statement completed under section 27, in relation to which the statement referred to in paragraph (a) was made, and a statutory declaration made by the debtor confirming that the Prescribed Financial Statement is a complete and accurate statement of the debtor’s assets, liabilities, income and expenditure;]

(d) a schedule of the creditors of the debtor and the F26[debts concerned, as specified in the Prescribed Financial Statement referred to in paragraph (c)], stating in relation to each such creditor—

(i) the amount of each debt due to that creditor,

(ii) whether the creditor concerned is a secured creditor and, if so, the details of any security held in respect of the debt concerned, and

(iii) where the debt is an excludable debt, whether that debt is a permitted debt within the meaning of section 28;

(e) the debtor’s written consent to—

(i) the disclosure to the Insolvency Service,

(ii) the processing by the Insolvency Service, and

(iii) the disclosure by the Insolvency Service to creditors of the debtor concerned,

of personal data of that debtor, to the extent necessary in respect of the Debt Relief Notice process;

(f) the debtor’s written consent to the making of any enquiry under section 30 relating to the debtor by the Insolvency Service;

(g) a document signed by the debtor stating whether, to the best of his or her knowledge, there is any judgment or court order in force against him or her which relates to a debt which is a qualifying debt;

(h) such other information about the debtor’s affairs (including his or her creditors, debts, liabilities, income and assets) as may be prescribed.

(3) A debtor on whose behalf an application under subsection (1) has been made shall notify the approved intermediary concerned as soon as practicable if the debtor becomes aware of—

(a) any error in, or omission from, the information supplied to the Insolvency Service in, or in support of, the application;

(b) any material change in his or her circumstances between the application date and the date on which the application is reviewed under section 31(2) that would affect the debtor’s eligibility for the issue of a Debt Relief Notice.

(4) An approved intermediary who receives information under subsection (3) shall, without delay, furnish that information to the Insolvency Service.

(5) An application under this section may be withdrawn by the approved intermediary at any time prior to the issue of a Debt Relief Notice under section 31.

30. Consideration by Insolvency Service of application under section 29.

30.— (1) For the purpose of its consideration of an application under section 29, the Insolvency Service shall be entitled to request from the approved intermediary any further information it requires and to defer further consideration of the application until such information is furnished to it.

(2) Where an approved intermediary fails to provide the information requested by the Insolvency Service under subsection (1) within 14 days or such longer period as the Insolvency Service may permit, the application shall be deemed to be withdrawn.

(3) Subject to subsection (4), in considering the application for a Debt Relief Notice, the Insolvency Service shall make such enquiries as it considers necessary to satisfy itself that—

(a) the approved intermediary is a person entitled under this Act to act as an approved intermediary, and

(b) having regard to the information received under section 29 and subsection (1) the debtor satisfies the eligibility criteria specified in section 26(2).

(4) Subject to subsections (5) to (7), for the purposes of subsection (3) the Insolvency Service shall be entitled to presume that the debtor satisfies the eligibility criteria for a Debt Relief Notice set out in section 26(2) if the documents required under section 29 to accompany the application have accompanied it and the Insolvency Service has no reason to believe that the information supplied in or in support of the application, including information furnished to it under section 29(4), is incomplete or inaccurate.

(5) The Insolvency Service may make such enquiries as it considers appropriate to verify the completeness or accuracy of any matter referred to in the Prescribed Financial Statement of the debtor or in relation to the assets, liabilities, income or expenditure of the debtor.

(6) Without prejudice to the generality of subsection (5) the matters in respect of which the Insolvency Service may make an enquiry include the following:

(a) particulars relating to bank accounts, securities or other accounts held, solely or jointly, by or for the benefit of the debtor with financial institutions or financial intermediaries in the State or abroad;

(b) particulars relating to assets of the debtor and the value of such assets;

(d) the employment and income of the debtor;

(e) payments received by the debtor from the Department of Social Protection, other Departments of State, local authorities or other State bodies or agencies, and whether or not such payments are made as agent of any other person;

(f) taxes or charges imposed by or under statute paid or owed by the debtor, whether within or outside the State and refunds in respect of such taxes and charges which are or may become due to the debtor.

(7) Nothing in this section shall be construed as requiring the Insolvency Service to make an enquiry in any case.

(8) A person who receives an enquiry from the Insolvency Service pursuant to this section shall furnish the information requested as soon as practicable.

(9) Notwithstanding anything contained in any enactment, for the purposes of the performance of the functions of the Insolvency Service under this Chapter, information held by the Department of Social Protection, other Departments of State, the Revenue Commissioners, local authorities or other State bodies or agencies in relation to a debtor may be furnished to the Insolvency Service.

31. Referral of application to appropriate court for issue of Debt Relief Notice.

31.— (1) Where the Insolvency Service, following its consideration under section 30—

(a) is satisfied that an application under section 29 is in order, it shall—

(i) issue a certificate to that effect,

F28[(ii) furnish that certificate together with a copy of the application and the supporting documentation (other than the documents referred to in section 29(2)(e) and (f)) to the appropriate court, and]

(iii) notify the approved intermediary to that effect, and

(b) is not so satisfied, it shall notify the approved intermediary to that effect.

(2) Where the appropriate court receives the application and accompanying documentation pursuant to subsection (1)(a), it shall consider the application and documentation and, subject to subsection (3)—

(a) if satisfied that the criteria specified in section 26(2) have been satisfied, shall issue a Debt Relief Notice in respect of the debts specified in the application under section 29 which it is satisfied are qualifying debts, and

(b) if not so satisfied, shall refuse to issue a Debt Relief Notice.

(3) The appropriate court, where it requires further information or evidence for the purpose of its arriving at a decision under subsection (2), may hold a hearing, which hearing shall be on notice to the Insolvency Service and the approved intermediary concerned.

(4) F29[…]

(5) The registrar of the appropriate court shall notify the Insolvency Service where the appropriate court—

(a) issues a Debt Relief Notice under this section,

(b) refuses an application under subsection (2)(b), or

(6) In considering an application under this section the appropriate court shall be entitled to treat a certificate issued by the Insolvency Service under subsection (1) as evidence of the matters certified therein.

32. Contents of Debt Relief Notice.

32.— A Debt Relief Notice issued under section 31 shall specify—

(a) the debtor who is the subject of the Notice,

(b) the debts (“specified qualifying debts”), referred to in section 31(2), in respect of which the Notice has been issued, and

(i) the value of the debt on the application date, and

(ii) the creditor (“specified creditor”) to whom it is owed.

33. Duties of Insolvency Service on issue of Debt Relief Notice.

33.— (1) On receiving the notification referred to in section 31(5)(a), the Insolvency Service shall, as soon as practicable—

(a) notify the approved intermediary concerned that the Debt Relief Notice has been issued,

(b) send the notice referred to in subsection (2) to the specified debtor,

(d) comply with subsection (4).

(2) A notice under subsection (1)(b) shall inform the specified debtor of the issue of a Debt Relief Notice in respect of which he or she is the specified debtor, and shall be accompanied by—

(a) a copy of the Notice, and

(b) a statement of the obligations during the supervision period of a specified debtor under this Chapter.

(3) A notice under subsection (1)(c) shall inform the specified creditor concerned of the issue of a Debt Relief Notice in respect of which he or she is a specified creditor, and shall be accompanied by—

(a) a copy of the Notice,

(b) a statement of the specified qualifying debt or debts in respect of which he or she is the specified creditor,

(c) a statement of his or her right under section 43 to object to the inclusion, in the Debt Relief Notice, of a specified qualifying debt referred to in paragraph (b), and

(d) a copy of the Prescribed Financial Statement completed under section 27.

(4) The Insolvency Service complies with this subsection by recording on the Register of Debt Relief Notices—

(a) the fact that the Debt Relief Notice has been issued,

(b) the date on which the Debt Relief Notice was issued,

(d) such other details as may be prescribed under section 133(3)(b).

34. Duration of Debt Relief Notice.

34.— (1) Subject to this section, the period for which a Debt Relief Notice shall remain in effect (“supervision period”) is the period of 3 years from the date on which its issue is recorded under section 33(4).

(2) The appropriate court, on application to it by the Insolvency Service, may extend the supervision period where it is satisfied that such extension is necessary in order to allow the Insolvency Service to—

(a) carry out or complete an investigation under section 40, or

(b) take any other action it considers necessary (whether as a result of such an investigation or otherwise) in relation to the Notice concerned.

(3) The appropriate court may extend the supervision period for the purposes of determining an application under section 42, 43 or 44.

(4) Notwithstanding subsections (1) to (3), a Debt Relief Notice shall cease to have effect on the date—

(a) on which the termination of the Notice, under section 42, 43 or 44, takes effect, or

(b) on which it ceases to have effect under F30[section 37(3) (as amended by section 55 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013)].

(5) The registrar of the appropriate court shall notify the Insolvency Service F31[…] where a supervision period is extended under subsection (2) or (3) or under section 41(3)(c), 42(3)(c), 43(5)(b) or 44(4)(b).

(6) On receiving the notification referred to in subsection (5), the Insolvency Service shall—

(a) send a notice to the specified debtor and each specified creditor, informing them of the extension, and

(b) record the extension in the Register of Debt Relief Notices.

35. Effect of issue of Debt Relief Notice.

35.— (1) Subject to this section, a specified creditor shall not, during the supervision period concerned—

(a) initiate any legal proceedings in relation to a specified qualifying debt,

(b) take any step to prosecute any such legal proceedings already initiated,

(d) execute or enforce a judgment or order of a court or tribunal against the debtor in respect of a specified qualifying debt,

F32[(e) take any step to recover goods in the possession or custody of the debtor, unless title to the goods is vested in the specified creditor or the specified creditor holds security over the goods,]

(f) contact the specified debtor regarding payment of a specified qualifying debt, otherwise than at the request of the debtor, or

(g) in relation to an agreement with the specified debtor, other than a security agreement, by reason only that the debtor is insolvent or that the Debt Relief Notice concerned is in effect—

(i) terminate or amend that agreement, or

(ii) claim an accelerated payment under that agreement.

(2) A specified creditor shall not, during the supervision period concerned, in respect of a specified qualifying debt, present, apply for or proceed with—

(a) a bankruptcy petition relating to the debtor, or

(b) a summons under section 8 of the Bankruptcy Act 1988.

(3) Without prejudice to subsections (1) and (2), during the supervision period concerned, no other proceedings, execution or other legal process in respect of a specified qualifying debt may be commenced or continued against the specified debtor or his or her property, except with the leave of the appropriate court and subject to any order that the court may make to stay such proceedings, execution or other legal processes for such period as the court deems appropriate, but this subsection shall not operate to prohibit the commencement or continuation of any criminal proceedings against the debtor.

(4) Notwithstanding subsection (1), the fact that a Debt Relief Notice is in effect in relation to a specified debtor shall not operate to prevent a specified creditor taking the actions referred to in subsection (1) as respects another person who has guaranteed a debt of the specified debtor concerned.

(5) Notwithstanding subsection (1), the fact that a Debt Relief Notice is in effect under this Chapter in relation to a specified debtor shall not operate to prevent a specified creditor taking the actions referred to in subsection (3) as respects a person who has jointly contracted with the specified debtor concerned or is jointly liable with that specified debtor to the specified creditor and that other person may sue or be sued in respect of the contract without joining the specified debtor.

(6) Subsections (4) and (5) do not apply where a Debt Relief Notice, or a protective certificate issued under Chapter 3 or 4, is in effect as respects the other person.

(7) The Deeds of Arrangement Act 1887 does not apply to a Debt Relief Notice.

(8) While a Debt Relief Notice remains in effect under this Chapter, the information referred to in section 33(4), and a record of any extension under this Chapter of the supervision period concerned, shall remain on the Register of Debt Relief Notices.

(9) Nothing in this section shall affect the right of a secured creditor to enforce or otherwise deal with his or her security.

36. General obligations of debtor arising under this Chapter.

36.— (1) A specified debtor, during the supervision period concerned, shall inform the Insolvency Service as soon as practicable—

(a) of any material change in the specified debtor’s circumstances, in particular an increase or decrease in the extent of his or her assets, liabilities or income, and

(b) where the specified debtor becomes aware of any inaccuracy or omission in his or her Prescribed Financial Statement or any other information provided, or documents submitted, by him or her, or on his or her behalf, to the Insolvency Service.

(2) F33[A specified debtor] who, during the supervision period concerned, receives a gift or payment worth €500 or more shall surrender to the Insolvency Service 50 per cent of the value of that gift or payment.

(3) F33[Subject to subsection (4),] a specified debtor whose income increases by €400 or more per month during the supervision period concerned shall surrender to the Insolvency Service 50 per cent of that increase.

(4) The reference in subsection (3) to a specified debtor’s income is a reference to his or her income as stated in the information provided, or documents submitted by him or her, or on his or her behalf, under section 29, less the following deductions (where applicable):

(a) income tax;

(b) social insurance contributions;

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

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

(5) F34[…]

(6) A sum surrendered to the Insolvency Service under subsection (2) or (3) shall be dealt with in accordance with section 38.

(7) A specified debtor, during the supervision period concerned, shall not, either alone or with any other person, obtain credit in an amount of more than €650 from any person without informing that person that he or she is a specified debtor.

37. Payment by specified debtor of portion of specified debts.

37.— (1) A specified debtor may, at any time during the supervision period concerned, pay a sum to the Insolvency Service in accordance with this section.

F35[(2) Where—

(a) a sum is paid by a specified debtor under this section, or surrendered by him or her under subsection (2) or (3) of section 36, that is, or

(b) the aggregate of the sums so paid or so surrendered is,

in an amount that is not less than 50 per cent of the total value of the specified qualifying debts concerned, subsection (3) shall apply.

(3) Where this subsection applies—

(a) the Debt Relief Notice concerned shall cease to have effect,

(b) the specified debtor shall stand discharged from all of the specified qualifying debts, and

(c) the Insolvency Service shall, within 3 months of the date on which paragraph (a) or (b), as the case may be, of subsection (2) applies, remove from the Register of Debt Relief Notices all information recorded in it in respect of the Debt Relief Notice.]

38. Treatment by Insolvency Service of sums received under section 36 or 37.

38.— (1) The Insolvency Service, on receipt of a sum under subsection (2) or (3) of section 36 or under section 37, shall deal with that sum in accordance with this section.

(2) On receipt of a sum referred to in subsection (1), the Insolvency Service shall, subject to subsection (3)—

(a) apportion that sum, on a pari passu basis, among the specified creditors to whom a specified qualifying debt that is a permitted debt is owed, and

(b) within one month of such receipt, transmit to each such specified creditor payment of the sum apportioned to that creditor under paragraph (a).

(3) Where, following a payment or payments to specified creditors under subsection (2) or subsection (4), as the case may be, all of the specified qualifying debts referred to in subsection (2) have been paid in full, the Insolvency Service shall, in relation to a sum referred to in subsection (1)—

(a) apportion that sum, on a pari passu basis, among the remaining specified creditors concerned, and

(b) within one month of such receipt, transmit to each such specified creditor payment of the sum apportioned to that creditor under paragraph (a).

(4) Where the Insolvency Service—

(a) has apportioned a sum to a specified creditor under subsection (2)(a) or (3)(a), as the case may be, and

(b) after reasonable efforts, is unable to locate that specified creditor,

it shall apportion the sum referred to in paragraph (a) among the specified creditors referred to in subsection (2)(a) or (3)(a), as the case may be, whom it has succeeded in locating and, within one month of doing so, shall transmit to each such specified creditor payment of the sum so apportioned.

(5) Where a specified qualifying debt is secured, the Insolvency Service, in apportioning a sum to the specified creditor concerned under subsection (2)(a), (3)(a) or (4), shall disregard the value of the security held by the specified creditor for that debt.

39. Power to amend Debt Relief Notice.

39. F36[(1)] An appropriate court may, on application to it by the Insolvency Service made during the supervision period concerned, order the amendment of a Debt Relief Notice where it is satisfied that such an amendment is necessary in order to address an ambiguity in, or to rectify an error in or omission from, that Notice.

F36[(2) An application under subsection (1) shall be on notice to the specified debtor and each specified creditor.]

40. Investigation by Insolvency Service.

40.— (1) The Insolvency Service may, during the supervision period concerned, carry out, in accordance with this section, an investigation of any matter that appears to it to be relevant to the arriving at a decision to exercise its powers under this Chapter.

(2) Subsections (5) to (9) of section 30 apply to an investigation under this section as they apply to an enquiry under that section.

41. Application by Insolvency Service for direction of court.

41.— (1) The Insolvency Service may, during the supervision period concerned, make an application to the appropriate court for directions in relation to a matter arising in connection with a Debt Relief Notice, including a matter relating to the specified debtor’s compliance with an obligation under section 36.

(2) An application under subsection (1) shall be made by the lodging by the Insolvency Service of a notice with the appropriate court, on notice to the specified debtor.

(3) On an application under this section the court may do one or more of the following—

(a) give the Insolvency Service such directions as it deems appropriate,

(b) make an order for the enforcement of an obligation of the specified debtor under section 36,

(d) make an order amending the Debt Relief Notice, or

(e) make such other order as it deems appropriate.

(4) The power conferred on the court under subsection (3)(d), section 42(3)(d), section 43(5)(c) and section 44(4)(d) does not include the power to specify in a Debt Relief Notice, as a specified qualifying debt, any debt that was not included in the schedule referred to in section 29(2)(d) or in any information provided, or documents submitted, by the specified debtor, or on his or her behalf, for the purpose of his or her application for that Notice.

42. Application by person affected to court.

42.— (1) A specified debtor or a specified creditor (“applicant”) may, during the supervision period concerned, make an application to the appropriate court if he or she is aggrieved by any act, omission or decision of the Insolvency Service in connection with the Debt Relief Notice concerned.

(2) An application under subsection (1) shall be made by the lodging by the applicant of a notice with the appropriate court, on notice to the Insolvency Service and—

(a) where the applicant is a specified creditor, to the specified debtor and the other specified creditors, and

(b) where the applicant is the specified debtor, to the specified creditors.

(3) On an application under this section the court may dismiss the application or do one or more of the following—

(a) revoke the whole or part of any act or decision of the Insolvency Service,

(b) make an order for the compliance by the specified debtor concerned with an obligation under section 36,

(d) make an order amending the Debt Relief Notice concerned, or

(e) make such other order as it deems appropriate.

43. Creditor objection during supervision period.

43.— (1) A specified creditor may, during the supervision period concerned, make an application to the appropriate court if he or she objects to the inclusion, as a specified qualifying debt, of a debt in respect of which he or she is a specified creditor.

(2) An application under subsection (1) shall be—

(a) made by the lodging by the specified creditor of a notice of objection with the appropriate court, on notice to the Insolvency Service and the specified debtor, and

(b) based on a ground referred to in subsection (3).

(3) The grounds of objection on which an application under subsection (1) may be made are the following:

(a) the specified debtor did not satisfy the eligibility criteria specified in section 26(2) when the application under section 29 was made on his or her behalf,

(b) one or more of the following applies, which causes or has caused a material detriment to the specified creditor—

(i) there is a material inaccuracy or omission in the Prescribed Financial Statement concerned, or other information provided, or documents submitted, by the specified debtor, or on his or her behalf, under section 29;

(ii) the specified debtor failed to comply with an obligation under section 36;

(iii) an adjudication in bankruptcy has been made in relation to the specified debtor that has not been annulled or discharged;

(iv) the specified debtor has since the coming into effect of the Debt Relief Notice, committed an offence under this Act;

F37[(v) the procedural requirements specified in this Chapter were not complied with;

(vi) the specified debtor, by his or her conduct within the period of 6 months ending on the application date, arranged his or her financial affairs primarily with a view to being or becoming eligible for the issue of a Debt Relief Notice.]

(4) A hearing under subsection (1) shall be heard with all due expedition.

(5) On an application under this section the court may dismiss the application or do one or more of the following—

(a) terminate the Debt Relief Notice,

(b) extend the supervision period concerned, by an additional period not exceeding 12 months,

(c) make an order amending the Debt Relief Notice, including by removing the debt which was the subject of the objection under subsection (1), or

(d) make such other order as it deems appropriate.

F38[(6) Where the appropriate court makes a decision under subsection (5) or section 44(4)—

(a) the Registrar of the appropriate court shall notify the Insolvency Service of the decision, and

(b) the Insolvency Service, on receipt of the notification under paragraph (a), shall notify the specified creditors concerned of the decision.]

44. Application by Insolvency Service to have Debt Relief Notice terminated.

44.— (1) The Insolvency Service may, during the supervision period concerned, apply to the appropriate court to have a Debt Relief Notice terminated.

(2) An application under subsection (1) shall be—

(a) made by the lodging by the Insolvency Service of a notice with the appropriate court, on notice to the specified debtor and each specified creditor, and

(b) based on a ground referred to in subsection (3).

(3) The grounds on which an application under subsection (1) may be made are the following—

(a) the specified debtor did not satisfy the eligibility criteria specified in section 26(2) when the application under section 29 was made on his or her behalf,

(b) there is a material inaccuracy or omission in the Prescribed Financial Statement concerned, or other information provided, or documents submitted, by the specified debtor, or on his or her behalf, under section 29,

(d) an adjudication in bankruptcy has been made in relation to the specified debtor that has not been annulled or discharged,

(e) the specified debtor has, since the coming into effect of the Debt Relief Notice, committed an offence under this Act,

F39[(f) the procedural requirements specified in this Chapter were not complied with;

(g) the specified debtor, by his or her conduct within the period of 6 months ending on the application date, arranged his or her financial affairs primarily with a view to being or becoming eligible for the issue of a Debt Relief Notice.]

(4) On an application under this section the court may dismiss the application or do one or more of the following—

(a) terminate the Debt Relief Notice,

(b) extend the supervision period concerned, by an additional period not exceeding 12 months,

(d) make an order amending the Debt Relief Notice, or

(e) make such other order as it deems appropriate.

45. Effect of termination of Debt Relief Notice.

45.— (1) Where a Debt Relief Notice is terminated under this Chapter, the specified debtor shall, unless the appropriate court has ordered otherwise and subject to subsection (2), thereupon be liable in full for—

(a) all debts specified in the Debt Relief Notice at the time of its termination as specified qualifying debts, and

(b) all arrears, charges and interest that have accrued during the supervision period in relation to those debts.

(2) In calculating the liability of a specified debtor under subsection (1), the debtor shall be given credit in respect of payments made by him or her under subsection (2) or (3) of section 36 or under section 37.

(3) Where subsection (1) applies—

(a) the period during which the Debt Relief Notice concerned was in effect shall be disregarded in reckoning any period of time for the purpose of any applicable limitation period (including any limitation period under the Statute of Limitations 1957) in relation to any proceedings or process in respect of a specified qualifying debt to which section 35 applied, and

(b) the period for which any judgment against the specified debtor in relation to a specified qualifying debt has effect (whether under statute or rule of court) shall, subject to the provisions of this Act, be extended by the period that the Debt Relief Notice was in effect.

F40[(4) Where a Debt Relief Notice is terminated under this Chapter, the Insolvency Service shall, within 3 months after the date on which the supervision period concerned would, but for that termination, have ended, remove from the Register of Debt Relief Notices all information recorded in it in respect of the Debt Relief Notice.]

46. Discharge from specified qualifying debts.

46.— (1) Where a Debt Relief Notice ceases to have effect (other than where it is terminated under this Chapter), the specified debtor shall, subject to this section, stand discharged from the specified qualifying debts concerned and all interest, penalties and other sums which have, since the application date, become payable in relation to those debts.

(2) Where a specified debtor stands discharged from the specified qualifying debts under subsection (1), the Insolvency Service shall, F41[…] within 3 months—

(a) remove from the Register of Debt Relief Notices all information recorded in it in respect of the Debt Relief Notice,

(b) send a notice to the specified creditors informing them of that fact, and

(3) Subsection (1) is without prejudice to a specified debtor’s obligations under section 36(2) and (3).

(4) The discharge of the specified debtor under subsection (1) does not release any other person from—

(a) any liability (whether as partner or co-trustee of the specified debtor or otherwise) from which the specified debtor is discharged, or

(b) any liability as surety for the specified debtor or as a person in the nature of such a surety.

(5) Subsection (1) shall not affect the right of a secured creditor to enforce or otherwise deal with his or her security.

47. Approved intermediaries.

47.— (1) The Insolvency Service may authorise a person, or a class of person, to perform the functions of an approved intermediary under this Chapter.

(2) An approved intermediary shall not charge a debtor referred to in section 27(1) any fee in connection with the performance by the approved intermediary of his or her functions under this Chapter.

(3) An approved intermediary is not liable in damages to any person for anything done or omitted to be done when acting (or purporting to act) as an approved intermediary under this Chapter.

(4) Subsection (3) shall not apply if the act or omission concerned was in bad faith.

F42[(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, following consultation with the Minister for Finance and any other person as the Insolvency Service deems appropriate or as the Minister directs, by regulations provide for any of the following for the purposes of the authorisation, regulation and supervision of approved intermediaries and the protection of debtors and creditors who are or may become specified debtors or specified creditors:

(a) the requirements applicable to—

(i) the authorisation of persons as approved intermediaries under this section, and

(ii) the dealings of an approved intermediary with the Insolvency Service;

(b) the requirements to be met in the performance of their functions under this Act by approved intermediaries including, without limiting the generality of the foregoing, in relation to:

(i) the public interest;

(ii) the duties owed to debtors and creditors who are or may become specified debtors or specified creditors;

(iii) the professional and ethical conduct of approved intermediaries;

(iv) the maintenance of the confidentiality of the information of debtors and creditors who are or may become specified debtors or specified creditors;

(v) case management in respect of debtors who are or may become specified debtors;

(vi) conflicts of interest;

(c) the qualifications (including levels of training, education, expertise and experience) or any other requirements (including required standards of competence) for the authorisation of persons as approved intermediaries under this section;

(d) the records, including files and accounts, to be maintained, including in electronic form, by an approved intermediary;

(e) the requirements to be met by an approved intermediary when handling complaints against that approved intermediary;

(f) any other matter relating to the authorisation, supervision or regulation of approved intermediaries which is incidental to or is considered by the Insolvency Service to be necessary or expedient for the said purposes or all or any of the matters referred to in this subsection.

(5A) The Insolvency Service may do any thing which is necessary or expedient to monitor an approved intermediary’s compliance with his or her obligations under this Act and regulations made under this Act.]

(6) Regulations under subsection (5) may provide for the withdrawal of an authorisation of a person where he or she no longer meets the criteria for such an authorisation prescribed in those regulations.

(7) The Insolvency Service may, out of the proceeds of fees charged under section 20, make payments to an approved intermediary in connection with the performance of his or her functions under this Chapter.

F43[(8) Where an approved intermediary resigns from the role of approved intermediary as respects a debtor, he or she shall notify the Insolvency Service of that fact, which notification shall be accompanied by a statement of the reasons for his or her resignation.

(9) Where, at any time after the debtor has made the confirmation referred to in section 27(3) but before the Debt Relief Notice is issued under section 31, the approved intermediary concerned ("original approved intermediary")—

(a) dies,

(b) becomes incapable, through ill-health or otherwise, of performing the functions of an approved intermediary as respects the debtor,

(d) is no longer entitled to perform the functions of an approved intermediary under this Act,

the debtor shall, as soon as practicable after becoming aware of that fact, appoint another approved intermediary to act as his or her approved intermediary for the purposes of this Chapter.

(10)(a) Where paragraph (a), (b) or (c) of subsection (9) applies, the debtor concerned shall, as soon as practicable, inform the Insolvency Service of that fact.

(b) Where an approved intermediary has been appointed under subsection (9), the approved intermediary shall, as soon as practicable, inform the Insolvency Service and, where applicable, a creditor to whom a notification under section 28(2) has been sent, where the period referred to in section 28(3) has not expired, of that fact.

(11) Where an approved intermediary is appointed under subsection (9)—

(a) that appointment shall not affect the validity of anything previously done under this Chapter by the original approved intermediary, and

(b) references in this Act to an approved intermediary, in relation to the debtor concerned, shall be construed as including references to the approved intermediary so appointed.]

Chapter 2 Appointment of personal insolvency practitioner for purposes of Chapter 3 or 4

48. General.

48.— A debtor who wishes to become party, as a debtor, to a Debt Settlement Arrangement under Chapter 3 or a Personal Insolvency Arrangement under Chapter 4 (“an arrangement”) shall, before making an application under the Chapter concerned, comply with this Chapter.

49. Appointment of personal insolvency practitioner.

49.— (1) A debtor to whom section 48 applies shall submit to a personal insolvency practitioner 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) guarantees (if any) given by the debtor in respect of a debt of another person,

and

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

(2) Following receipt of the information referred to in subsection (1), F44[the personal insolvency practitioner F45[…] shall hold a meeting] with the debtor and—

(a) advise him or her, on the basis of the information, of his or her options for addressing his or her financial difficulties and, in particular whether he or she satisfies the criteria specified in Chapter 3 or 4, or both, for making a proposal for an arrangement, which advice the personal insolvency practitioner shall confirm in writing to the debtor, and

(b) provide him or her with—

(i) information relating to the procedure involved in, and general effect, including the likely costs, of becoming party to an arrangement,

(ii) information in writing relating to the fee arrangements and other conditions of appointment of the personal insolvency practitioner in the event that he or she is appointed under subsection (3), and

(iii) such other information as may be prescribed.

F46[(2A) For the purposes of subsection (2), "meeting" means a consultation between the personal insolvency practitioner 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

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

(a) the need to protect debtors and creditors who are or may become parties to Debt Settlement Arrangements or Personal Insolvency Arrangements;

(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 personal insolvency practitioners;

(c) the need, 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 Settlement Arrangement and Personal Insolvency Arrangement processes 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 become party to an arrangement, he or she shall appoint a personal insolvency practitioner (whether the personal insolvency practitioner referred to in subsection (1) or another personal insolvency practitioner) to act as his or her personal insolvency practitioner for the purposes of Chapter 3 or 4, as the case may be.

(4) On being appointed under subsection (3), the personal insolvency practitioner shall—

(a) confirm in writing to the debtor that the personal insolvency practitioner has consented to act in the role of personal insolvency practitioner as respects the debtor, and

(b) notify the Insolvency Service of his or her appointment.

F44[(5) Where a personal insolvency practitioner is appointed under subsection (3), he or she shall stand appointed, and the debtor concerned shall not appoint another personal insolvency practitioner under that subsection, until such time as—

(a) where the debtor concerned terminates the appointment of the personal insolvency practitioner as respects the debtor, such termination takes effect in accordance with section 49A,

(b) where the personal insolvency practitioner resigns from that role as respects the debtor, such resignation takes effect in accordance with section 49B,

(c) where the personal insolvency practitioner is replaced by reason of being no longer capable of performing, through ill-health or otherwise, or is no longer authorised to perform, the functions of a personal insolvency practitioner as respects the debtor, such replacement takes effect in accordance with section 49C.]

(6) F47[…]

(7) F47[…]

(8) F47[…]

(9) F47[…]

49A. F48[Termination by a debtor of his or her appointment of a personal insolvency practitioner

49A.— (1) A debtor who has appointed a personal insolvency practitioner under section 49(3) may terminate that appointment by giving notice in writing to the personal insolvency practitioner, which notice shall specify the date of the termination and which date shall not be less than one month after the giving of the notice to the personal insolvency practitioner.

(2) A debtor who terminates an appointment under subsection (1) shall notify the Insolvency Service of that termination as soon as is practicable thereafter.

(3) A debtor who has terminated the appointment of a personal insolvency practitioner under subsection (1) shall, no later than two months from the date of termination, appoint a personal insolvency practitioner to replace the original personal insolvency practitioner (in this section referred to as a "replacement personal insolvency practitioner") and shall as soon as practicable thereafter notify the Insolvency Service of that appointment.

(4) Where a replacement personal insolvency practitioner has been appointed under subsection (3), he or she, as soon as practicable thereafter, shall inform the Insolvency Service and the creditors concerned of that fact.

(5) Where a replacement personal insolvency practitioner is appointed under subsection (3)—

(a) that appointment shall not affect the validity of anything previously done under this Chapter, Chapter 3 or Chapter 4, as the case may be, by the original personal insolvency practitioner,

(b) a protective certificate, Debt Settlement Arrangement or a Personal Insolvency Arrangement that is in effect as regards the debtor shall continue to have effect, and

(c) references in this Act to a personal insolvency practitioner, in relation to the debtor concerned, shall be construed as including references to the replacement personal insolvency practitioner so appointed.]

49B. F49[Termination by a personal insolvency practitioner of his or her appointment by a debtor

49B.— (1) A personal insolvency practitioner who has been appointed by a debtor in accordance with section 49(3) may terminate that appointment by giving notice in writing to the debtor, which notice shall specify the date of the termination and which date shall not be less than one month after the giving of the notice to the debtor.

(2) A personal insolvency practitioner who terminates an appointment under subsection (1) shall notify the Insolvency Service of that termination as soon as is practicable thereafter.

(3) A debtor who receives notice from a personal insolvency practitioner of the termination of his or her appointment under subsection (1) shall, no later than 2 months from the date of termination, appoint a replacement personal insolvency practitioner (in this section referred to as a "replacement personal insolvency practitioner") and, as soon as practicable thereafter, notify the Insolvency Service of that appointment.

(4) Where a replacement personal insolvency practitioner has been appointed under subsection (3), he or she, as soon as practicable thereafter, shall inform the Insolvency Service and the creditors concerned of that fact.

(5) Where a replacement personal insolvency practitioner is appointed under subsection (3)—

(a) that appointment shall not affect the validity of anything previously done under this Chapter, Chapter 3 or Chapter 4, as the case may be, by the original personal insolvency practitioner,

(b) a protective certificate, Debt Settlement Arrangement or a Personal Insolvency Arrangement that is in effect as regards the debtor shall continue to have effect, and

(c) references in this Act to a personal insolvency practitioner, in relation to the debtor concerned, shall be construed as including references to the replacement personal insolvency practitioner so appointed.]

49C. F50[Termination of appointment of a personal insolvency practitioner due to death, incapacity or withdrawal of authorisation

49C.— (1) Where a personal insolvency practitioner appointed under section 49(3) ("the original personal insolvency practitioner")—

(a) dies,

(b) becomes incapable, through ill-health or otherwise, of performing the functions of a personal insolvency practitioner, or

the debtor shall, as soon as practicable after becoming aware of that fact, or of being informed of such by the Insolvency Service, and in any event no later than three months thereafter, appoint a replacement personal insolvency practitioner (in this section referred to as a "replacement personal insolvency practitioner") to act as his or her personal insolvency practitioner for the purposes of Chapter 3 or 4, as the case may be.

(2) Where the debtor appoints a replacement personal insolvency practitioner under subsection (1), he or she shall, as soon as practicable thereafter, inform the Insolvency Service of that fact.

(3) Where a replacement personal insolvency practitioner has been appointed under subsection (1), he or she, as soon as practicable thereafter, shall inform the Insolvency Service and the creditors concerned of that fact.

(4) Where a replacement personal insolvency practitioner is appointed by the debtor—

(a) that appointment shall not affect the validity of anything previously done under this Chapter, Chapter 3 or Chapter 4, as the case may be, by the original personal insolvency practitioner,

(b) a protective certificate, Debt Settlement Arrangement or a Personal Insolvency Arrangement that is in effect as regards the debtor shall continue to have effect, and

(c) references in this Act to a personal insolvency practitioner, in relation to the debtor concerned, shall be construed as including references to the replacement personal insolvency practitioner so appointed.]

50. Completion of Prescribed Financial Statement.

50.— (1) As soon as practicable after the personal insolvency practitioner has been appointed under section 49(3), the debtor shall provide information that fully discloses his or her financial affairs to the personal insolvency practitioner.

(2) The personal insolvency practitioner, on receipt of the information referred to in subsection (1), shall examine that information and, having regard to the obligation of the debtor under subsection (3), assist the debtor in completing a Prescribed Financial Statement.

(3) The debtor, when completing the Prescribed Financial Statement referred to in subsection (2), is under an obligation to make a full and honest disclosure of his or her financial affairs and to ensure that, to the best of his or her knowledge, the Prescribed Financial Statement is true, accurate and complete.

51. Provisions relating to pension arrangements.

51.— (1) Subject to subsection (4), in relation to Debt Settlement Arrangements and Personal Insolvency Arrangements, where a debtor has an interest in or an entitlement under a relevant pension arrangement, such interest or entitlement of the debtor shall not be treated as an asset of the debtor unless subsection (2) applies.

(2) Where this section 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.

(3) Subsection (2) applies where the debtor—

(a) is entitled at the date of the making of the application for a protective certificate,

(b) was entitled at any time before the date of the making of the application for a protective certificate, or

(c) will become entitled within 6 years and 6 months of the date of the making of the application for a protective certificate in relation to a Debt Settlement Arrangement or within 7 years and 6 months of the date of the making of the application for a protective certificate in relation to a Personal Insolvency Arrangement,

to perform the act or exercise the option referred to in subsection (2).

(4) Nothing in subsections (1) to (3) shall remove the obligation of a debtor making an application for a protective certificate to make disclosure of any interest in or entitlement under a relevant pension arrangement in completing the Prescribed Financial Statement.

52. Personal insolvency practitioner to advise debtor.

52.— (1) On completion of the Prescribed Financial Statement in accordance with section 50, the personal insolvency practitioner shall, on the basis of the information disclosed to him or her by the debtor under section 50(1), advise the debtor of the following:

(a) his or her options for addressing his or her financial difficulties;

(b) his or her eligibility under section 57 or 91, as the case may be, to make a proposal for a Debt Settlement Arrangement or a Personal Insolvency Arrangement, as the case may be;

(c) the personal insolvency practitioner’s opinion as to whether it would be more appropriate for the debtor to enter into a Personal Insolvency Arrangement or a Debt Settlement Arrangement.

(2) The advice referred to in subsection (1)(a) shall include advice relating to—

(a) the appropriateness or otherwise of the debtor making a proposal for and entering into an arrangement, having regard to such matters as the personal insolvency practitioner considers relevant, but in any case, including—

(i) the debtor’s financial and other circumstances as set out in the Prescribed Financial Statement,

(ii) whether the debtor is likely to be able to meet the financial commitment associated with an arrangement on an ongoing basis, in particular having regard to the debtor’s payment capacity at and before the time at which the advice is being given,

(iii) the nature and extent of the debts owed by the debtor to his or her creditors and, in the case of secured debts (if any), the nature of the security,

(iv) the complexity of the debtor’s case, and

(v) the likelihood, in the personal insolvency practitioner’s opinion, of an arrangement being formulated on terms that would provide, for the debtor and a majority of his or her creditors, an acceptable alternative to the debtor’s bankruptcy;

(b) the general effect of making a proposal for, and of entering into, an arrangement, including as to the effect on the debtor’s credit rating;

(c) the consequences for the debtor of entering into an arrangement if the debtor does not comply with the terms of that arrangement;

(d) the other option or options (if any) available to the debtor and the general effect of any such option or options, including advice relating to—

(i) negotiation with a creditor or creditors with a view to adjusting the terms of a debt owed to that creditor or creditors, whether as part of any arrears process or otherwise,

(ii) becoming a specified debtor as respects a Debt Relief Notice, and

(iii) bankruptcy.

(3) In advising the debtor under subsection (1)(c) of the appropriateness of entering into a Personal Insolvency Arrangement or a Debt Settlement Arrangement, the personal insolvency practitioner shall have regard to—

(a) the value of the debtor’s unsecured debts as compared to the value of the debtor’s secured debts (if any),

(b) if applicable, whether the debtor has communicated with his or her secured creditors for the purpose of seeking to renegotiate or restructure the secured debts,

(c) whether the debtor has co-operated in good faith with his or her creditors who are secured creditors as respects the debtor’s principal private residence in connection with any process relating to mortgage arrears operated by the secured creditors concerned which has been approved or required by the Central Bank of Ireland and which relates to the secured debt concerned,

(d) whether any of the debtor’s secured creditors have indicated to the debtor or the personal insolvency practitioner a willingness to vary the terms of the secured debt to facilitate the operation of a Debt Settlement Arrangement in respect of the debtor’s unsecured debts (including, without limitation, any variation of the terms of the secured debt that would reduce the amounts payable by the debtor in respect of the secured debt for the duration of the Debt Settlement Arrangement),

(e) where the debtor has proposed, but not entered into, a Debt Settlement Arrangement in respect of his or her unsecured debts, the terms of such proposal and the result of the creditors’ meeting to consider such proposal, and

(f) where the debtor has entered into a Debt Settlement Arrangement in respect of his or her unsecured debts that has come to an end, failed or otherwise terminated, the circumstances of such ending, failure or other termination.

(4) The personal insolvency practitioner shall confirm his or her advice under subsection (1)(c) in writing to the debtor.

(5) Where the advice of a personal insolvency practitioner under subsection (1) is that the debtor should not make a proposal for, or enter into, an arrangement, the personal insolvency practitioner shall notify the Insolvency Service of that fact, and the appointment of the personal insolvency practitioner under section 49(3) shall come to an end.

53. Instruction by debtor to personal insolvency practitioner to make proposal for arrangement.

53.— Where a debtor, having received advice under section 52(1), considers that he or she should make a proposal for an arrangement, he or she shall instruct the personal insolvency practitioner in writing to make a proposal for a Debt Settlement Arrangement or a Personal Insolvency Arrangement, as the case may be, on his or her behalf in accordance with Chapter 3 or 4, as the case may be.

54. Statement to be prepared by personal insolvency practitioner.

54.— On receipt of an instruction under section 53, the personal insolvency practitioner shall complete a statement confirming that he or she is of the opinion that—

(a) the information contained in the debtor’s Prescribed Financial Statement is complete and accurate;

(b) the debtor is eligible under section 57 or 91, as the case may be, to make a proposal for a Debt Settlement Arrangement or Personal Insolvency Arrangement, as the case may be;

(c) having considered the F51[Prescribed] Financial Statement completed by the debtor, there is no likelihood of the debtor becoming solvent within the period of 5 years commencing on the date on which the statement is made;

(d) having regard to the debtor’s circumstances as set out in the Prescribed Financial Statement, it is appropriate for the debtor to make a proposal for a Debt Settlement Arrangement as there is a reasonable prospect that the debtor entering into such an arrangement would facilitate the debtor becoming solvent within a period of not more than 5 years or, as the case may be, it is appropriate for the debtor to make a proposal for a Personal Insolvency Arrangement as there is a reasonable prospect that the debtor entering into such an arrangement would facilitate the debtor becoming solvent within a period of not more than F52[6 years].

54A. F53[Performance by others of certain functions of personal insolvency practitioner.

54A. (1) Subject to any regulations made under subsection (4), nothing in this Act shall be taken to prevent any person (not being a personal insolvency practitioner)—

(a) employed by a personal insolvency practitioner or by a partnership in which a personal insolvency practitioner is a partner, or

(b) having a common employer with a personal insolvency practitioner,

from performing, when requested to do so by the personal insolvency practitioner (in this subsection referred to as the "requesting personal insolvency practitioner") and under the requesting personal insolvency practitioner’s direction and control, any function (or any act in relation to such function) that is authorised or required by or under this Act to be performed by the requesting personal insolvency practitioner.

(2) Nothing in this Act shall be taken to prevent a personal insolvency practitioner—

(a) in a partnership in which another personal insolvency practitioner is also a partner,

(b) employed by another personal insolvency practitioner or by a partnership in which another personal insolvency practitioner is a partner, or

from performing, subject to any regulations under section 161, when requested to do so by that other personal insolvency practitioner (in this subsection referred to as the "requesting personal insolvency practitioner") and acting under the requesting personal insolvency practitioner’s direction, any function (or any act in relation to such function) that is authorised or required by or under this Act to be performed by the requesting personal insolvency practitioner.

(3) The requesting personal insolvency practitioner under the subsection concerned shall, for all purposes under this Act, remain responsible in all respects for the performance, pursuant to the subsection concerned, of any function or act by a person referred to in subsection (1) or a personal insolvency practitioner referred to in subsection (2).

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