Personal Insolvency Act 2012

• (13) The Personal Insolvency Arrangement shall come into effect upon being registered in the Register of Personal Insolvency Arrangements.

• (14) The court, in an application under this section, shall make such other order as it deems appropriate, including an order as to the costs of the application.

• (15) For the purposes of its consideration of an application under this section, the appropriate court may accept—

• (a) the certificate of the personal insolvency practitioner referred to in subsection (2)(d)(i) as evidence of the proportions of the respective categories of votes cast by those voting at the creditors’ meeting and of the creditors who have voted in favour of and against the proposed Personal Insolvency Arrangement and of the nature and value of the debt owed to each such creditor,

• (b) the certificate of the personal insolvency practitioner referred to in subsection (2)(d)(ii) as evidence that the proposed Arrangement has not been approved in accordance with section 111A, and

• (c) the statement of the personal insolvency practitioner referred to in subsection (2)(e) as evidence of any matter referred to in subsection (8) which is the subject of that statement.

• (16) For the purposes of this section, a proposal for a Personal Insolvency Arrangement is not approved in accordance with this Chapter where—

• (a) at a creditors’ meeting held under this Chapter, it is not approved in accordance with section 110 or, as the case may be, deemed to have been approved under section 108(8) (a) (as amended by section 15(b) of the Personal Insolvency (Amendment) Act 2015), or

• (b) in the case of a proposal for a Personal Insolvency Arrangement to which section 111A applies, the creditor concerned has notified the personal insolvency practitioner in accordance with section 111A(6) that the creditor does not approve of the proposal.

• (17)
• (a) For the purposes of this section, and subject to paragraph (b), the court may consider—

• (i) one creditor, or

• (ii) more than one creditor, where the court considers the creditors to have, in relation to the debtor, interests or claims of a similar nature,

to be a class of creditor.

• (b) In deciding under paragraph (a) whether to consider a creditor or creditors to be a class of creditor, the court shall have regard to the circumstances of the case, including, having regard to the statement of the grounds of the application referred to in subsection (2)(a) and the certificate referred to in subsection (2)(d)(i)—

• (i) the overall number and composition of the creditors who voted at the creditors’ meeting, and

• (ii) the proportion of the debtor’s debts due to the creditors participating and voting at the creditors’ meeting that is represented by the creditor or creditors concerned.

• (18) In this section—

"relevant debt" means a debt—

• (a) the payment for which is secured by security in or over the debtor’s principal private residence, and

• F118[(b) in respect of which the debtor—

• (i) is in arrears with his or her payments, or

• (ii) having been in arrears with his or her payments, has entered into an alternative repayment arrangement with the secured creditor concerned.]]

116. Effect of Personal Insolvency Arrangement.

116.— (1) Upon a Personal Insolvency Arrangement being registered in the Register of Personal Insolvency Arrangements it shall have effect according to its terms and remain in effect until—

• (a) it is completed in accordance with its terms or the terms of any variation made, or

• (b) it is terminated in accordance with this Chapter.

• (2) While a Personal Insolvency Arrangement is in effect, the following shall be parties to it and, subject to this Act, shall be bound by its terms—

• (a) the debtor, and

• (b) in respect of every specified debt, the creditor concerned.

• (3) Where a Personal Insolvency Arrangement is in effect, a creditor who is bound by it shall not, in relation to a specified debt—

• (a) initiate any legal proceedings;

• (b) take any step to prosecute legal proceedings already initiated;

• (c) take any step to secure or recover payment;

• (d) execute or enforce a judgment or order of a court or tribunal against the debtor;

• (e) take any step to enforce security held by the creditor;

• F119[(f) take any step to recover goods in the possession or custody of the debtor, unless title to the goods is vested in the creditor;]

• (g) contact the debtor regarding payment of the specified debt otherwise than at the request of the debtor;

• (h) in relation to an agreement with the debtor, including a security agreement, by reason only that the debtor is insolvent or that a Personal Insolvency Arrangement is in effect—

• (i) terminate or amend that agreement, or

• (ii) claim an accelerated payment under that agreement.

• (4) Where a Personal Insolvency Arrangement is in effect, a creditor of that debtor shall not apply for the issue of a summons under section 8 of the Bankruptcy Act 1988 or present a petition to have the debtor concerned adjudicated a bankrupt in respect of a debt covered by the Personal Insolvency Arrangement.

• (5) Where a Personal Insolvency Arrangement is in effect, and a creditor of that debtor has applied for the issue of a summons under section 8 of the Bankruptcy Act 1988 or has presented a petition to have the debtor concerned adjudicated a bankrupt in respect of a debt covered by the Personal Insolvency Arrangement, the creditor shall not proceed with the summons or the petition.

• (6) Nothing in subsections (3) and (4) shall operate to prevent a creditor taking the actions referred to in that subsection as respects a person who has jointly contracted with the debtor or is jointly liable with the debtor to the creditor and that other person may sue or be sued in respect of the contract without joining the debtor.

• (7) Subsection (6) does not apply where a Personal Insolvency Arrangement is also in effect as respects the other person.

• (8) In reckoning any period of time for the purpose of any applicable limitation period in relation to any proceedings or process to which this section applies (including any limitation period under the Statute of Limitations 1957), the period in which the Personal Insolvency Arrangement is in effect shall be disregarded.

• (9) The period for which any judgment against the debtor in relation to a debt which is the subject of a Personal Insolvency Arrangement has effect (whether under statute or rule of court) shall subject to the provisions of this Act be extended by the period that the Personal Insolvency Arrangement is in effect.

• (10) Notwithstanding subsections (3) and (4), the fact that a Personal Insolvency Arrangement is in effect in relation to a debtor under this Chapter shall not operate to prevent a creditor taking the actions referred to in subsection (3) or (4) as respects another person who has guaranteed the specified debts concerned.

• (11) The Deeds of Arrangement Act 1887 does not apply to a Personal Insolvency Arrangement.

• (12) In this section, “specified debt” means a debt that is specified in a Personal Insolvency Arrangement as being subject to that Arrangement.

117. Operation of terms of Personal Insolvency Arrangement.

117.— (1) Subject to the provisions of this section, a Personal Insolvency Arrangement shall operate according to its terms and the debtor and creditors concerned shall perform their obligations in accordance with the Arrangement.

• (2) Unless otherwise provided by the Personal Insolvency Arrangement payments to be made to creditors under the terms of the arrangement shall be made by the debtor through the personal insolvency practitioner concerned.

• (3) The personal insolvency practitioner shall transmit payments received to each of the creditors in the agreed proportion on a timely basis.

• (4) The personal insolvency practitioner shall maintain regular contact with the debtor and request such reports and conduct such reviews as may be required, but such review shall in any event be carried out at least once in every period of 12 months.

• (5) The personal insolvency practitioner shall monitor implementation of the Arrangement and where the debtor has defaulted or appears likely to default in his or her obligations under the Arrangement, discuss the matter with the debtor.

• (6) Where the circumstances of the debtor have changed in a material respect the personal insolvency practitioner shall provide information to the debtor regarding his or her right or obligation to initiate an application to vary the Arrangement in accordance with section 119.

• (7) Where the circumstances of a debtor have changed to such an extent that a variation in the terms of an Arrangement is appropriate, the personal insolvency practitioner shall take the necessary steps to initiate a variation of the Arrangement under section 119.

• (8) The personal insolvency practitioner shall deal with the property of the debtor in accordance with the Personal Insolvency Arrangement.

• (9) The personal insolvency practitioner shall respond in a timely manner to requests for information regarding the operation of the Arrangement from—

• (a) the Insolvency Service,

• (b) the debtor, and

• (c) the creditors.

• (10) The personal insolvency practitioner shall maintain complete and accurate records of account of the moneys received from the debtor and the moneys disbursed to the creditors and such moneys shall while in the possession and control of the personal insolvency practitioner be maintained in an account in the State with a bank authorised to carry on business in the State, which account is used solely for the purposes of receiving payments from the debtor and transmitting such payments to creditors (after the deduction of any fees, costs and outlays payable to the personal insolvency practitioner permitted to be made under this Act and in accordance with the Personal Insolvency Arrangement).

118. General duties and obligations of debtor arising under Chapter 4.

118.— (1) A debtor who participates in any process under this Chapter is under an obligation to act in good faith, and in his or her dealings with the personal insolvency practitioner concerned to make full disclosure to that practitioner of all of his or her assets, income and liabilities and of all other circumstances that are reasonably likely to have a bearing on the ability of the debtor to make payments to his or her creditors.

• (2) A debtor who participates in any part of the process of applying for or operating a Personal Insolvency Arrangement shall co-operate fully in the process, and in particular comply with any reasonable request from the personal insolvency practitioner to provide assistance, documents and information necessary for the application of the process to the debtor’s case or the carrying out of the personal insolvency practitioner’s functions, including any debt, tax, employment, business, social welfare or other financial records.

• (3) A debtor in respect of whom a Personal Insolvency Arrangement is in effect is under an obligation to inform the personal insolvency practitioner as soon as reasonably practicable of any material change in the debtor’s circumstances, particularly an increase or decrease in the level of the debtor’s assets, liabilities or income, which would affect the debtor’s ability to make repayments under the Personal Insolvency Arrangement.

• (4) A debtor in respect of whom a Personal Insolvency Arrangement is in effect 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 subject as a debtor to a Personal Insolvency Arrangement.

• (5) A debtor in respect of whom a Personal Insolvency Arrangement is in effect shall not transfer, lease, grant security over, or otherwise dispose of any interest in property above a prescribed value otherwise than in accordance with the terms of the Personal Insolvency Arrangement.

• (6) A debtor shall inform the personal insolvency practitioner as soon as reasonably practicable after becoming aware of any inaccuracy or omission in the debtor’s statement of affairs based on the Prescribed Financial Statement.

• (7) A debtor who participates in a Personal Insolvency Arrangement shall not pay to creditors any additional payments separate to the Personal Insolvency Arrangement in respect of debts covered in the Personal Insolvency Arrangement.

119. Variation of Personal Insolvency Arrangement

F120[119. (1) Subject to this section and section 119A, a Personal Insolvency Arrangement may be varied in accordance with its terms.

• (2) A personal insolvency practitioner, whether on his or her own initiative or on a request made in accordance with subsection (3), shall propose a variation of a Personal Insolvency Arrangement (in this section referred to as a "variation") where—

• (a) it appears to the personal insolvency practitioner that there has been a material change in the debtor’s circumstances, and

• (b) the personal insolvency practitioner is satisfied that there is a reasonable prospect that a variation that addresses such circumstances would be approved in accordance with this section.

• (3) A debtor or creditor who is bound by a Personal Insolvency Arrangement may request the personal insolvency practitioner to propose a variation of the Arrangement, which request shall be—

• (a) in writing,

• (b) accompanied by information or evidence to support the assertion that there has been a material change in the debtor’s circumstances, and

• (c) accompanied by the written consent of the person making the request to the—

• (i) making by the personal insolvency practitioner of an enquiry under subsection (4), and

• (ii) disclosure by the personal insolvency practitioner of personal data of the person, to the extent necessary for such an enquiry.

• (4) A personal insolvency practitioner shall, within 21 days of receipt of a request under subsection (3), decide whether paragraphs (a) and (b) of subsection (2) apply in relation to the Personal Insolvency Arrangement concerned, and, for that purpose—

• (a) may request any further information he or she requires from the person who made the request, and

• (b) may make such enquiries as he or she considers necessary in order to arrive at his or her decision.

• (5) For the purpose of deciding, whether under subsection (4) or otherwise, whether paragraphs (a) and (b) of subsection (2) apply in relation to the Personal Insolvency Arrangement concerned, the personal insolvency practitioner may require the debtor concerned, where necessary with the assistance of the personal insolvency practitioner, to complete a new Prescribed Financial Statement.

• (6) Where the personal insolvency practitioner is satisfied that paragraphs (a) and (b) of subsection (2) apply in relation to the Personal Insolvency Arrangement concerned, he or she shall without delay—

• (a) require the debtor concerned, where necessary with the assistance of the personal insolvency practitioner, to complete a new Prescribed Financial Statement, unless the debtor has completed a Prescribed Financial Statement under subsection (5) and the information contained in it remains complete and accurate,

• (b) formulate a proposal for a variation,

• (c) seek the written consent of the debtor to the proposal and, subject to subsection (8), to the calling of a meeting of the creditors of the debtor for the purpose of considering the proposal, and

• (d) subject to subsection (8), where the consent of the debtor referred to in paragraph (c) has been given, arrange for the holding of the meeting referred to in that paragraph.

• (7) When calling a creditors’ meeting to be held under this section, the personal insolvency practitioner shall—

• (a) give each creditor at least 14 days’ written notice of the meeting and the date on which, and the time and place at which, the meeting will be held,

• (b) ensure that the notice referred to in paragraph (a) is accompanied by—

• (i) a written proposal for the variation of the Personal Insolvency Arrangement,

• (ii) a report of the personal insolvency practitioner—

• (I) describing the outcome for the creditors and for the debtor under the terms of the proposal, and

• (II) indicating whether or not he or she is of the opinion that the debtor is reasonably likely to be able to comply with the terms of the Personal Insolvency Arrangement as varied in accordance with the proposal,

• (iii) the Prescribed Financial Statement completed by the debtor under subsection (5) or (6), as the case may be, and

• (iv) such other information obtained by the personal insolvency practitioner under this section as he or she considers relevant,

and

• (c) lodge a copy of the notice referred to in paragraph (a) and the documents referred to in paragraph (b) with the Insolvency Service.

• (8) Where only one creditor would be entitled to vote at a creditors’ meeting under this section (whether in respect of one or more debts), the personal insolvency practitioner shall, in place of holding such a meeting, give notice to the creditor of the proposal for a variation, and paragraphs (b) and (c) of subsection (7) shall apply in respect of that notice.

• (9) The provisions of sections 99 to 105 and sections 108 to 115 (other than subsections (2) and (3) of section 101, sections 108(9), 109(6), 111A(7) (inserted by section 17 of the Personal Insolvency (Amendment) Act 2015), 112(1) (c)(i) (as amended by section 18(a) of the Personal Insolvency (Amendment) Act 2015), 112(1A)(c)(i) (inserted by section 18(b) of the Personal Insolvency (Amendment) Act 2015), 113(2), 114(3), and 115(2)(a)(i)) and section 120 shall apply in relation to a variation of a Personal Insolvency Arrangement under this section, subject to the following modifications and any other necessary modifications—

• (a) a reference to a Personal Insolvency Arrangement shall be construed as a reference to a Personal Insolvency Arrangement as varied in accordance with this Chapter,

• (b) a reference to a proposal for a Personal Insolvency Arrangement shall be construed as a reference to a proposal for the variation of a Personal Insolvency Arrangement, and a reference to a proposed Personal Insolvency Arrangement shall be construed as a reference to a proposed variation of a Personal Insolvency Arrangement,

• (c) a reference to a Prescribed Financial Statement shall be construed as a reference to the Prescribed Financial Statement completed by the debtor under subsection (5) or (6), as the case may be,

• (d) the variation of a Personal Insolvency Arrangement shall not have the effect of extending the duration of that Personal Insolvency Arrangement beyond the maximum duration permitted under section 99(2)(b),

• (e) a Personal Insolvency Arrangement as varied under this section shall, in addition to containing the information referred to in section 99(2)(f), make provision for the costs and outlays of the personal insolvency practitioner which relate to this section,

• (f) a reference to a notification that a protective certificate has been issued shall be construed as a reference to a notice under subsection (7) of the calling of a creditors’ meeting,

• (g) a reference to the day or date on which a protective certificate is issued, other than in section 102(7), shall be construed as a reference to the date on which a vote at the creditors’ meeting under this section is held,

• (h) where section 103(3) applied to a Personal Insolvency Arrangement, the variation of that Arrangement shall not operate to alter the period referred to in section 103(11)(a),

• (i) a reference to the market value attributed to security, or the market value of security determined, in accordance with section 105 shall be construed as the value attributed or determined in accordance with section 105 for the purpose of a variation under this section,

• (j) a reference to a creditors’ meeting shall be construed as a reference to a creditors’ meeting under this section,

• (k) where section 108(4) applied to a creditor, that subsection shall continue to apply to that creditor for the purpose of his or her voting rights at a creditors’ meeting under this section,

• (l) a debt that is an unsecured debt on the date on which the vote at a creditors’ meeting under this section is held shall be treated as an unsecured debt, notwithstanding that the debt concerned was a secured debt when the vote on the proposal for the Personal Insolvency Arrangement concerned was held,

• (m) an adjournment pursuant to section 109(4) may occur once only in the course of a creditors’ meeting, and

• (n) a reference in section 115(5)(c) (as amended by section 20(b) of the Personal Insolvency (Amendment) Act 2015) to section 111A(7) shall be construed as a reference to subsection (10).

• (10)
• (a) Where subsection (8) applies, the creditor concerned shall notify the personal insolvency practitioner in writing of his or her approval or otherwise of a proposal for the variation of a Personal Insolvency Arrangement within—

• (i) 14 days of the giving to him or her of the notice under that subsection, or

• (ii) if later, 7 days of the date on which a notice under section 111A(4)(a) is first given to him or her.

• (b) A proposal referred to in paragraph (a) —

• (i) shall be considered as having been approved by the creditor concerned where that creditor notifies the personal insolvency practitioner in accordance with that paragraph of the creditor’s approval of the proposal, and

• (ii) where that creditor fails to comply with that paragraph, shall be deemed to have been approved by the creditor concerned.

• (11) Where—

• (a) on the taking of a vote at a creditors’ meeting under this section, the proposal is not approved in accordance with section 110,

• (b) subsection (8) applies and the proposal is not approved in accordance with subsection (10), or

• (c) the appropriate court upholds the objection of a creditor to the variation of a Personal Insolvency Arrangement coming into effect,

the Personal Insolvency Arrangement concerned shall, without prejudice to the other provisions of this Act, continue in effect without being subject to such variation.

• (12) Subsection (11) shall be without prejudice to the entitlement of the personal insolvency practitioner to propose another variation of the Personal Insolvency Arrangement in accordance with this section.

• (13) Subject to subsection (14), an unreasonable refusal by the debtor to give his or her consent—

• (a) under subsection (6) to a proposal for a variation or the calling of a creditors’ meeting,

• (b) under section 119A(3) to a proposal for a variation or the giving to creditors of a notice under section 119A(4), or

• (c) under subsection (3) or (4) of section 109 or, as the case may be, subsection (3) or (5) of section 111A (inserted by section 17 of the Personal Insolvency (Amendment) Act 2015),

shall be grounds for an application under section 122(1)(g).

• (14) A debtor who refuses to give his or her consent under a provision referred to in subsection (13) shall be considered to be acting reasonably where the proposal in relation to which the consent is sought would require the debtor—

• (a) where there has been an increase in the debtor’s income, to make additional payments in excess of 50 per cent of the increase in his or her income available to him or her after the following deductions (where applicable) are made:

• (i) income tax;

• (ii) social insurance contributions;

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

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

• (v) such other levies and charges on income as may be prescribed,

or

• (b) to make a payment amounting to more than 50 per cent of the value of any property acquired by the debtor after the coming into effect of the Personal Insolvency Arrangement that is proposed to be varied, unless receipt of that property had been anticipated by the terms of that Arrangement.

• (15) A reference in this Chapter to a Personal Insolvency Arrangement shall be construed as including such an arrangement as proposed to be varied or as varied in accordance with this section or section 119A, unless the context otherwise requires.

• (16) In this section, "material change in the debtor’s circumstances" means a change in the debtor’s circumstances that would materially affect his or her ability to make payments, or otherwise perform his or her obligations, under the Personal Insolvency Arrangement, and includes an increase or decrease in the extent of the debtor’s assets, liabilities or income.]

119A. F121[Variation of Personal Insolvency Arrangement confirmed by order under section 115A

119A. (1) Where the coming into effect of a Personal Insolvency Arrangement has been confirmed by an order of the court under section 115A(9), the Arrangement may be varied in accordance with its terms and subject to this section.

• (2) Subsections (2) to (5), and paragraphs (a) and (b) of subsection (6), of section 119 shall apply to the variation of a Personal Insolvency Arrangement under this section.

• (3) Where the personal insolvency practitioner has, in accordance with section 119(6)(b), formulated a proposal for the variation of the Personal Insolvency Arrangement concerned, he or she shall without delay—

• (a) seek the written consent of the debtor to the proposal and to the giving of a notice under subsection (4) to the creditors concerned, and

• (b) give each creditor concerned a notice under subsection (4).

• (4) A notice under this subsection shall—

• (a) inform the creditor of the proposal for a variation of the Personal Insolvency Arrangement,

• (b) be accompanied by—

• (i) a written proposal for the variation of the Personal Insolvency Arrangement,

• (ii) a report of the personal insolvency practitioner—

• (I) describing the outcome for the creditors and for the debtor under the terms of the proposal, and

• (II) indicating whether or not he or she is of the opinion that the debtor is reasonably likely to be able to comply with the terms of the Personal Insolvency Arrangement as varied in accordance with the proposal,

• (iii) the Prescribed Financial Statement completed by the debtor under section 119(5) or (6), as the case may be,

• (iv) a statement informing the creditor of the effect of subsections (7), (8), (9) and (12), and

• (v) such other information obtained by the personal insolvency practitioner under this section as he or she considers relevant.

• (5) The personal insolvency practitioner shall lodge a copy of a notice under subsection (4) and the documents referred to in paragraph (b) of that subsection with the Insolvency Service.

• (6) The provisions of sections 99 to 105 (other than subsections (2) and (3) of section 101) and section 120 shall apply in relation to a variation of a Personal Insolvency Arrangement under this section, subject to the following modifications and any other necessary modifications—

• (a) a reference to a Personal Insolvency Arrangement shall be construed as a reference to a Personal Insolvency Arrangement as varied in accordance with this Chapter,

• (b) a reference to a proposal for a Personal Insolvency Arrangement shall be construed as a reference to a proposal for the variation of a Personal Insolvency Arrangement, and a reference to a proposed Personal Insolvency Arrangement shall be construed as a reference to a proposed variation of a Personal Insolvency Arrangement,

• (c) a reference to a Prescribed Financial Statement shall be construed as a reference to the Prescribed Financial Statement completed by the debtor under section 119(5) or (6), as the case may be,

• (d) the variation of a Personal Insolvency Arrangement shall not have the effect of extending the duration of that Personal Insolvency Arrangement beyond the maximum duration permitted under section 99(2)(b),

• (e) a Personal Insolvency Arrangement as varied under this section shall, in addition to containing the information referred to in section 99(2)(f), make provision for the costs and outlays of the personal insolvency practitioner which relate to this section,

• (f) a reference to a notification that a protective certificate has been issued shall be construed as a reference to a notice under subsection (4),

• (g) a reference to the day or date on which a protective certificate is issued, other than in section 102(7), shall be construed as a reference to the date of the giving to the creditor of a notice under subsection (4),

• (h) where section 103(3) applied to a Personal Insolvency Arrangement, the variation of that Arrangement shall not operate to alter the period referred to in section 103(11)(a), and

• (i) a reference to the market value attributed to security, or the market value of security determined in accordance with section 105, shall be construed as the value attributed or determined in accordance with section 105 for the purpose of a variation under this section.

• (7) A creditor shall, within 14 days of the giving to the creditor of a notice under subsection (4), notify the personal insolvency practitioner in writing of his or her approval or otherwise of the proposal for the variation of the Personal Insolvency Arrangement.

• (8) Where a creditor fails to comply with subsection (7), the creditor shall be deemed to have approved the proposal concerned.

• (9) Where a creditor notifies the personal insolvency practitioner in accordance with subsection (7) that the creditor does not approve of the proposal, the personal insolvency practitioner may, if the debtor so instructs him or her in writing, make an application on behalf of the debtor to the appropriate court for an order confirming the coming into effect of the Personal Insolvency Arrangement as varied in accordance with the proposal (in this section referred to as "an order under this section").

• (10) Where subsection (9) applies and the personal insolvency practitioner does not make an application in accordance with this section, the Personal Insolvency Arrangement concerned shall, without prejudice to the other provisions of this Act, continue in effect without being subject to such variation.

• (11) Subsection (10) shall be without prejudice to the entitlement of the personal insolvency practitioner to propose another variation of the Personal Insolvency Arrangement in accordance with this section.

• (12) Where no creditor notifies the personal insolvency practitioner in accordance with subsection (7) that the creditor does not approve of the proposal, the personal insolvency practitioner shall notify the Insolvency Service in writing of that fact.

• (13) An application for an order under this section shall be made not less than 14 days after receipt by the personal insolvency practitioner of the notice of the creditor referred to in subsection (9) and shall be—

• (a) on notice to the Insolvency Service, each creditor concerned and the debtor, and

• (b) accompanied by—

• (i) a copy of the documents referred to in subsection (4) (b),

• (ii) a copy of the notification by the creditor referred to in subsection (9), and

• (iii) a statement of the grounds of the application which shall include (other than where the Personal Insolvency Arrangement that is proposed to be varied is an Arrangement to which section 111A applied) a statement identifying the creditor or creditors who, having approved or being deemed to have approved, in accordance with this section, the proposal, should, in the opinion of the personal insolvency practitioner, be considered by the court to be a class of creditors for the purpose of this section, and giving the reasons for this opinion.

• (14) Section 115A(6) to (9) shall apply in relation to an application under this section, subject to the following modifications and any other necessary modifications—

• (a) a reference to a proposed Personal Insolvency Arrangement shall be construed as a reference to a proposal for the variation of a Personal Insolvency Arrangement,

• (b) a reference to an order under section 115A(9) shall be construed as a reference to an order under this section, and

• (c) a reference in section 115A(9) (g) to a class of creditors having accepted a proposed Arrangement shall be construed as a reference to a class of creditors having approved, or being deemed to have approved, in accordance with this section, a proposal for the variation of a Personal Insolvency Arrangement.

• (15) The registrar of the appropriate court shall notify the Insolvency Service and the personal insolvency practitioner concerned where the court makes or refuses to make an order under this section.

• (16) The Insolvency Service shall register in the Register of Personal Insolvency Arrangements the variation of a Personal Insolvency Arrangement on receipt by it of a notification under—

• (a) subsection (12), or

• (b) subsection (15) of the making of an order under this section.

• (17) The variation of a Personal Insolvency Arrangement under this section shall come into effect upon being registered in the Register of Personal Insolvency Arrangements.

• (18) The court, in an application under this section, shall make such other order as it deems appropriate, including an order as to the costs of the application.]

120. Grounds of challenge by creditor to coming into effect or variation of Personal Insolvency Arrangement.

120.— The grounds on which a Personal Insolvency Arrangement may be challenged by a creditor under section 114 are, without prejudice to section 122, limited to the following matters:

• (a) that the debtor has by his or her conduct within the 2 years prior to the issue of the protective certificate under section 95 arranged his or her financial affairs primarily with a view to being or becoming eligible to apply for a Debt Settlement Arrangement or a Personal Insolvency Arrangement;

• (b) the procedural requirements specified in this Act were not complied with;

• (c) a material inaccuracy or omission exists in the debtor’s statement of affairs (based on the Prescribed Financial Statement) which causes a material detriment to the creditor;

• (d) the debtor, when the Personal Insolvency Arrangement was proposed, did not satisfy the eligibility criteria specified in section 91;

• (e) the Personal Insolvency Arrangement unfairly prejudices the interests of a creditor;

• (f) the debtor has committed an offence under this Act, which causes a material detriment to the creditor;

• (g) the debtor had entered into a transaction with a person at an undervalue within the preceding 3 years 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);

• (h) the debtor had given a preference to a person within the preceding 3 years that 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).

121. Excessive pension contributions.

121.— (1) Where, as respects a debtor who has entered into a Personal Insolvency Arrangement which is in force, a creditor or the personal insolvency practitioner concerned considers that a debtor has made excessive contributions to a relevant pension arrangement, the creditor or personal insolvency practitioner may make an application to the appropriate court for relief in accordance with this section.

• (2) The reference to the debtor having made contributions to a relevant pension arrangement shall be construed as a reference to contributions made by the debtor at any time within 3 years prior to the making of the application for a protective certificate on behalf of the debtor under section 93.

• (3) Where the appropriate court considers that having regard in particular to the matters referred to in subsection (4) the contributions to a relevant pension arrangement were excessive it may—

• (a) direct that such part of the contribution concerned (less any tax required to be deducted) be paid by the person administering the relevant pension arrangement to the personal insolvency practitioner for distribution amongst the creditors of the debtor, and

• (b) make such other order as the court deems appropriate, including an order as to the costs of the application.

• (4) The matters referred to in subsection (3) as respects the contributions made by the debtor to a relevant pension arrangement are:

• (a) whether the debtor made payments to his or her creditors in respect of debts due to those creditors on a timely basis at or about the time when the debtor made the contribution concerned;

• (b) whether the debtor was obliged to make contributions of the amount or percentage of income as the payments actually made under his or her terms and conditions of employment and if so obliged, whether the debtor or a person who as respects the debtor is a connected person could have materially influenced the creation of such obligation;

• (c) the amount of the contributions paid, including the percentage of total income of the debtor in each tax year concerned which such contributions represent;

• (d) the amount of the contributions paid, in each of the 6 years prior to the making of the application for a protective certificate on behalf of the debtor under section 93 including the percentage of total income of the debtor concerned which such contributions represent in each of those years;

• (e) the age of the debtor at the relevant times;

• (f) the percentage limits which applied to the debtor in relation to relief from income tax for the purposes of making contributions to a relevant pension arrangement in each of the 6 years prior to the making of the application for a protective certificate on behalf of the debtor under section 93; and

• (g) the extent of provision made by the debtor in relation to any relevant pension arrangement prior to the making of the contributions concerned.

122. Application to appropriate court to have Personal Insolvency Arrangement terminated.

122.— (1) Without prejudice to section 120, a creditor or a personal insolvency practitioner may, as respects a Personal Insolvency Arrangement, at any time during which the arrangement concerned is in effect, apply to the appropriate court to have that Personal Insolvency Arrangement terminated, and such application shall be limited to the following grounds:

• (a) a material inaccuracy or omission exists in the debtor’s Prescribed Financial Statement which causes a material detriment to the creditor;

• (b) the debtor, when the Personal Insolvency Arrangement was proposed, did not satisfy the eligibility criteria specified in section 91;

• (c) the debtor did not comply with the duties and obligations imposed on him or her under the Personal Insolvency Arrangement process;

• (d) the debtor has since the coming into effect of the Personal Insolvency Arrangement been convicted of an offence under this Act;

• (e) the debtor is in arrears with his or her payments for a period of not less than 3 months;

• (f) the debtor has failed to carry out any action necessary to enable a term of the Personal Insolvency Arrangement to have effect;

• (g) the debtor has unreasonably refused to consent to a variation of the Personal Insolvency Arrangement.

• (2) For the purposes of subsection (1)(e), a debtor is in arrears with his or her payments for a period of not less than 3 months where—

• (a) at the beginning of the 3 month period ending immediately before the day on which the application was made, one or more than one payment in respect of the debts became due and payable by the debtor under the Personal Insolvency Arrangement, and

• (b) at no time during that 3 month period were any obligations in respect of those payments discharged.

• (3) On hearing an application under subsection (1) the appropriate court may—

• (a) dismiss the application,

• (b) terminate the Personal Insolvency Arrangement, or

• (c) order that the personal insolvency practitioner prepare a proposal for a variation of the arrangement in accordance with section 119.

• F122[(4) Where the appropriate court makes a decision under subsection (3)—

• (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 personal insolvency practitioner and the specified creditors concerned of the decision.

• (5) Where the appropriate court decides, under subsection (3), to terminate a Personal Insolvency Arrangement, the Insolvency Service shall, on receipt of the notification under subsection (4) of that termination, record the fact of the termination of the Personal Insolvency Arrangement in the Register of Personal Insolvency Arrangements.]

123. Personal Insolvency Arrangement deemed to have failed after 6 month arrears default.

123.— (1) Where the debtor is in arrears with his or her payments for a period of 6 months the Personal Insolvency Arrangement shall be deemed to have failed and shall terminate where the personal insolvency practitioner notifies the Insolvency Service and the debtor of such default.

• (2) For the purposes of subsection (1), a debtor is in arrears with his or her payments for a period of 6 months on a given date if—

• (a) at the beginning of the 6 month period ending immediately before that date, one or more than one payment in respect of a debt became due and payable by the debtor under the Personal Insolvency Arrangement, and

• (b) at no time during that 6 month period were any obligations in respect of those payments discharged.

• (3) Where the Insolvency Service receives a notification of default referred to in subsection (1), it shall record the failure of the Personal Insolvency Arrangement in the Register of Personal Insolvency Arrangements.

124. Effect of premature termination of Personal Insolvency Arrangement on debts.

124.— (1) Subject to subsection (2), where a Personal Insolvency Arrangement has been deemed to have failed or has terminated under this Chapter, the debtor shall thereupon be liable in full for all debts covered by the Personal Insolvency Arrangement (including any arrears, charges and interest that have accrued during the continuance of the Personal Insolvency Arrangement but excluding any amounts paid in respect of those debts during the continuance of the Personal Insolvency Arrangement), unless—

• (a) the terms of the Personal Insolvency Arrangement provide otherwise; or

• (b) the appropriate court has made an order otherwise.

• (2) Subsection (1) has effect without prejudice to the validity of any act done or property disposed of in accordance with the Personal Insolvency Arrangement.

• F123[(3) Where subsection (1) applies, the Insolvency Service shall, within 3 months after the date on which the Personal Insolvency Arrangement would, but for that fact, have expired, remove from the Register of Personal Insolvency Arrangements all information recorded in it in respect of the Personal Insolvency Arrangement.]

125. Successful completion of Personal Insolvency Arrangement.

125.— (1) Upon the expiration of the Personal Insolvency Arrangement, and where the debtor concerned has complied with his or her obligations under the Personal Insolvency Arrangement, the personal insolvency practitioner shall notify the debtor, creditors and the Insolvency Service.

• (2) Where the debtor has complied with his or her obligations under the Personal Insolvency Arrangement, subject to the provisions of section 99(2), and 102(3) and (7) the debtor stands discharged from the unsecured debts specified in the Personal Insolvency Arrangement.

• (3) Where the debtor has complied with his or her obligations under the Personal Insolvency Arrangement, the debtor shall not stand discharged from the secured debts covered by the Arrangement except to the extent specified in the Personal Insolvency Arrangement.

• F124[(4) Where the Insolvency Service receives the notice referred to in subsection (1), it shall—

• (a) record the successful completion of the Personal Insolvency Arrangement in the Register of Personal Insolvency Arrangements, and

• (b) within 3 months of such receipt, remove from the Register of Insolvency Arrangements all information recorded in it in respect of the Personal Insolvency Arrangement.]

Chapter 5 Offences under Part 3

126. False representations and omissions.

126.— (1) A person on whose behalf an application to which this section applies is made is guilty of an offence if he or she, in respect of that application, knowingly or recklessly provides information which is false or misleading in a material respect.

• (2) This section applies to an application—

• (a) under section 29 for a Debt Relief Notice,

• (b) under section 59 for a protective certificate, or

• (c) under section 93 for a protective certificate.

127. Breach of obligation under Part 3.

127.— (1) A person who is a specified debtor under Chapter 1 is guilty of an offence if he or she—

• (a) intentionally fails to comply with an obligation under section 36, or

• (b) provides information to the Insolvency Service in connection with such an obligation, or otherwise in connection with the performance by the Insolvency Service of its functions under Chapter 1, knowing the information to be false or misleading in a material respect.

• (2) A person who is party, as a debtor, to a Debt Settlement Arrangement under Chapter 3 is guilty of an offence if he or she—

• (a) intentionally fails to comply with an obligation under section 81(3) or 81(6), or

• (b) provides information to the Insolvency Service in connection with such an obligation, or otherwise in connection with the performance by the Insolvency Service of its functions under Chapter 3, knowing the information to be false or misleading in a material respect.

• (3) A person who is party, as a debtor, to a Personal Insolvency Arrangement under Chapter 4 is guilty of an offence if he or she—

• (a) intentionally fails to comply with an obligation under section 118(3) or 118(6), or

• (b) provides information to the Insolvency Service in connection with such an obligation, or otherwise in connection with the performance by the Insolvency Service of its functions under Chapter 4, knowing the information to be false or misleading in a material respect.

128. Concealment or falsification of documents.

128.— (1) A person to whom this section applies is guilty of an offence where he or she commits an act referred to in subsection (2) for the purpose of—

• (a) obtaining an insolvency arrangement,

• (b) avoiding an obligation under section 36,

• (c) obtaining a protective certificate under Chapter 3 or 4 of this Part,

• (d) avoiding an obligation under a Debt Settlement Arrangement or Personal Insolvency Arrangement,

• (e) avoiding the variation or termination of an insolvency arrangement, or

• (f) avoiding any other obligation under this Act.

• (2) A person commits an act referred to in this subsection where he or she—

• (a) fails to provide, at the request of the Insolvency Service, all of the financial records of which he or she has possession or control,

• (b) prevents the production to the Insolvency Service of a financial record,

• (c) conceals, destroys, mutilates or falsifies, or causes or permits the concealment, destruction, mutilation or falsification of, a financial record,

• (d) makes, or causes or permits the making of, any false entries in a financial record, or

• (e) disposes of, or alters or makes any omission in, or causes or permits the disposal, altering or making of any omission in, a financial record.

• (3) This section applies to a person—

• (a) on whose behalf an application under section 29, 59 or 93 is made,

• (b) who is a specified debtor under Chapter 1,

• (c) who is party, as a debtor, to a Debt Settlement Arrangement which is in effect, or

• (d) who is party, as a debtor, to a Personal Insolvency Arrangement which is in effect.

• (4) In this section “financial record”, in relation to a person to whom this section applies, means a book, document or record relating to that person’s financial affairs.

129. Fraudulent disposal of property.

129.— (1) A person to whom this section applies is guilty of an offence where he or she commits an act referred to in subsection (2) for the purpose of—

• (a) obtaining an insolvency arrangement,

• (b) avoiding an obligation under section 36,

• (c) obtaining a protective certificate under Chapter 3 or 4 of Part 3,

• (d) avoiding an obligation under a Debt Settlement Arrangement or Personal Insolvency Arrangement,

• (e) avoiding the variation or termination of an insolvency arrangement, or

• (f) avoiding any other obligation under this Act.

• (2) Subject to subsection (3), a person commits an act referred to in this subsection where he or she—

• (a) makes or causes to be made a gift of any of his or her property to another person,

• (b) otherwise makes or causes to be made any transfer of any of his or her property, on terms that provide for him or her to receive no consideration, to another person, or

• (c) enters into a transaction with another person involving the transfer of any of his or her property to that other person or to a third person (whether or not the third person is a party to the transaction), where the value of the property concerned, in money or money’s worth, is significantly greater than the value, in money or money’s worth, of the consideration provided by the other person.

• (3) Subsection (2) does not apply to property of a value of less than €400.

• (4) This section applies to a person—

• (a) on whose behalf an application under section 29, 59 or 93 is made,

• (b) who is a specified debtor under Chapter 1,

• (c) who is party, as a debtor, to a Debt Settlement Arrangement which is in effect, or

• (d) who is party, as a debtor, to a Personal Insolvency Arrangement which is in effect.

130. Obtaining credit or engaging in business by a debtor while insolvency arrangement is in effect.

130.— (1) A specified debtor is guilty of an offence if he or she, either alone or with any other person, obtains credit in an amount of more than €650 without informing the person from whom the credit is obtained of—

• (a) his or her name, as specified in the Debt Relief Notice, Debt Settlement Arrangement or Personal Insolvency Arrangement concerned, and

• (b) the fact that he or she is a specified debtor.

• (2) In this section, “specified debtor” means a person who is—

• (a) a specified debtor under Chapter 1, for so long as the Debt Relief Notice remains in effect,

• (b) party, as a debtor, to a Debt Settlement Arrangement under Chapter 3, for so long as the Debt Settlement Arrangement remains in effect, or

• (c) party, as a debtor, to a Personal Insolvency Arrangement under Chapter 4, for so long as the Personal Insolvency Arrangement remains in effect.

• (3) The reference in subsection (1) to a specified debtor obtaining credit includes the following cases—

• (a) where goods are bailed to him or her under a hire-purchase agreement, or agreed to be sold to him or her under a conditional sale agreement, and

• (b) where he or she is paid in advance (in money or otherwise) for the supply of goods or services.

131. Unauthorised person acting as approved intermediary.

131.— (1) A person shall not—

• (a) act as an approved intermediary,

• (b) hold himself or herself out as available to act as an approved intermediary, or

• (c) represent himself or herself by advertisement as available to act as an approved intermediary,

unless that person is authorised to so act by virtue of this Act.

• (2) A person who acts in contravention of subsection (1) is guilty of an offence.

132. Prosecution of offences.

132.— (1) Proceedings for an offence under this Act may be prosecuted summarily by the Insolvency Service.

• (2) A person convicted of an offence under this Act shall be liable—

• (a) on summary conviction, to a Class A fine or to a period of imprisonment not exceeding 12 months or to both, or

• (b) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 5 years or to both.

Chapter 6 Miscellaneous

133. Register of Insolvency Arrangements.

133.— (1) The Insolvency Service shall establish and maintain the following Registers—

• (a) a Register to be known as the Register of Debt Relief Notices,

• (b) a Register to be known as the Register of Protective Certificates,

• (c) a Register to be known as the Register of Debt Settlement Arrangements, and

• (d) a Register to be known as the Register of Personal Insolvency Arrangements,

and, in this section, “Register” means a Register established under this subsection.

• (2) A Register shall be in electronic form and such other form (if any) as the Insolvency Service decides.

• (3) A Register shall contain—

• (a) such information as is required under this Part to be recorded in it, and

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

• (4) Members of the public may inspect a Register at all reasonable times and may take copies of, or extracts from, entries in the Register at a cost not exceeding the reasonable cost of making a copy.

• (5) In any proceedings, a certificate bearing the seal of the Insolvency Service and stating that—

• (a) a person named in the certificate is recorded in a Register as a debtor in respect of whom an insolvency arrangement or a protective certificate is in effect,

• (b) a person named in the certificate is not recorded in a Register as a debtor in respect of whom an insolvency arrangement or a protective certificate is in effect,

• (c) at a specified date or during a specified period, a person named in the certificate was recorded in a Register as a debtor in respect of whom an insolvency arrangement or a protective certificate is in effect, or

• (d) at a specified date or during a specified period, a person named in the certificate was not recorded in a Register as a debtor in respect of whom an insolvency arrangement or a protective certificate is in effect,

is evidence of the matter referred to in paragraph (a), (b), (c) or (d) (as the case may be).

• (6) A document purporting to be a certificate under subsection (5) is deemed to be such a certificate, unless the contrary is shown.

134. Giving of notices.

134.— (1) If, under this Part, a notice is required or permitted to be given to a person, then unless an alternative (including any electronic alternative) is agreed in advance between the person giving and the person receiving the notice or the appropriate court otherwise directs or permits, it may be given—

• (a) where a person is a natural person—

• (i) by giving it to the person personally, or

• (ii) by sending it by prepaid post, or otherwise delivering it, in a letter addressed to the person at the person’s usual or last known place of residence or business,

or

• (b) where the person is a body corporate—

• (i) by delivering it to a person who is or apparently is concerned in the management of the body, or

• (ii) by leaving it at the registered office of the body, or

• (iii) by sending it by prepaid post in a letter addressed to the body at that registered office.

• (2) In subsection (1)(b), ‘‘registered office’’ in relation to a body corporate means—

• (a) the office of the body that is the registered office or principal office in accordance with the law under which the body is incorporated,

• (b) if the body is not incorporated in the State, an office registered under a law of the State as a registered office of the body, or

• (c) in the case of a body that has no such registered office or principal office, the principal place of business of the body corporate in the State.

135. Set-off to be applied.

135.— (1) In this Part, in determining the amount or value of any asset of the debtor or the amount of any debt due to a creditor, where there are mutual credits or debts as between a debtor and a creditor, one debt or demand shall be set off against the other and only the balance found owing shall be considered to be a debt or an asset on one side or the other.

• (2) Notwithstanding any provision of the Credit Union Act 1997, savings (within the meaning of that Act) of a debtor in a credit union shall be subject to set off in accordance with subsection (1) against a debt owed by the debtor to the credit union.

136. Prescribed Financial Statement.

136.— F125[(1) The Insolvency Service, with the consent of the Minister, may by regulations prescribe a form (in this Act referred to as a "Prescribed Financial Statement") to be used by persons where required under this Part to complete a Prescribed Financial Statement, which form shall provide for the provision of detailed information relating to the income, assets, liabilities and necessary household expenditure incurred by such persons.]

• (2) In making regulations under this section the Insolvency Service may—

• (a) prescribe different forms for different circumstances,

• (b) prescribe descriptions of income, assets, liabilities and expenditure in respect of which information is to be provided in the completion of a prescribed form including the income, assets and liabilities of persons ordinarily residing with the debtor insofar as that information is reasonably available to the debtor,

• (c) provide that personal data and information relating to domestic support orders and sensitive information relating to the health of the debtor and persons residing with the debtor need not be individually particularised in such form where those particulars have been furnished to the approved intermediary or personal insolvency practitioner concerned and to the Insolvency Service.

• (3) A Prescribed Financial Statement made under this Act shall be verified by means of a statutory declaration made under the Statutory Declarations Act 1938.

137. Guidelines and codes of practice.

137.— (1) The Insolvency Service may prepare and publish guidelines for personal insolvency practitioners in relation to the duties of personal insolvency practitioners under this Part (which may include a model form of a Debt Settlement Arrangement or Personal Insolvency Arrangement).

• (2) A personal insolvency practitioner shall have regard to any guidelines published under subsection (1) in carrying out his or her duties under this Part.

138. Application of laws in relation to netting agreements, etc.

138.— (1) Nothing in this Act—

• (a) affects the operation of—

• (i) the Netting of Financial Contracts Act 1995,

• (ii) the European Communities (Settlement Finality) Regulations 2010 (S.I. No. 624 of 2010), or

• (iii) the European Communities (Financial Collateral Arrangements) Regulations 2010 (S.I. No. 626 of 2010),

in relation to an agreement to which a debtor is a party, or

• (b) affects the operation of any provision of the law of a Member State required for the implementation of the provisions of—

• (i) Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 (as amended by Directive 2009/44/EC of the European Parliament and of the Council of 6 May 2009), or

• (ii) Directive 2002/47/EC of the European Parliament and of the Council of 6 June 2002 (as amended by Directive 2009/44/EC of the European Parliament and of the Council of 6 May 2009).

• (2) Nothing in this Act affects the operation of the Asset Covered Securities Act 2001.

139. Debts in currency other than currency of the State.

139.— (1) For the purposes of Chapter 1, where the amount of a debt owed to a creditor is owed in a currency other than the currency of the State, the amount of the debt shall be converted into the currency of the State at the rate published by the Central Bank of Ireland or the European Central Bank on the application date within the meaning of section 25.

• (2) For the purposes of Chapter 3 and 4, where the amount of a debt owed to a creditor is owed in a currency other than the currency of the State, the amount of the debt shall be converted into the currency of the State at the rate published by the Central Bank of Ireland or the European Central Bank on the date of the issue of the protective certificate under the Chapter concerned.

140. Transmission of documents by electronic means.

140.— (1) Notwithstanding any other provision of this Act, or any other enactment or rule of law, rules of court may, in relation to any proceedings under this Act before an appropriate court, make provision for—

• (a) the lodgement or filing of a document with, and making of an application to, the court by transmitting the document or application by electronic means to the court office,

• (b) the issue by the court or court office, by transmitting the document concerned by electronic means to an appropriate person, of any of the following:

• (i) a summons, civil bill or other originating document,

• (ii) a judgment, decree or other order or determination of a court (including any judgment, decree or other order or determination entered in or issuing from a court office), or

• (iii) any other document required under this Act to be issued by or on behalf of the court or court office concerned,

or

• (c) the transmission by the court or court office by electronic means of any other document or information required under this Act to be transmitted by or on behalf of a court or court office.

• (2) Where rules of court referred to in subsection (1) provide for the transmission of a document by electronic means, such rules may, in addition:

• (a) provide that such transmission is subject to such conditions and such exceptions as may be specified in the rules,

• (b) in relation to the transmission of a document referred to in subsection (1)(a), require that—

• (i) such a document be authenticated, and

• (ii) the identity of the person transmitting such a document be verified,

in such manner as may be specified in the rules, and

• (c) specify, in relation to the transmission of such a document by, or to, the Insolvency Service, whether such transmission is in place of, or is an alternative to, any other method by which such document could be filed, lodged, issued or transmitted, or such application could be made, as the case may be.

• (3) Rules of court may provide that, where a document that is required by this Act to be furnished to, or lodged or filed with, the appropriate court, is, in accordance with rules of court referred to in subsection (1), furnished to, or lodged or filed with, that court by electronic means—

• (a) a copy of that document transmitted by electronic means and displayed in readable form, or

• (b) a printed version of such a copy,

shall be treated as the original of that document.

• (4) Rules of court made in accordance with this section may make different provision for the transmission of documents by, and to, the Insolvency Service to the provision made for the transmission of documents by, and to, other persons.

• (5) References in this Act to the—

• (a) furnishing of a document to,

• (b) lodgement or filing of a document with,

• (c) making of an application to,

• (d) transmission of a document to or by, or

• (e) issue of a document by,

the appropriate court shall be construed as including a reference to the performance of such action by electronic means, where this is provided for in rules of court referred to in subsection (1).

• (6) In this section—

“appropriate person”, in relation to a document referred to in subsection (1)(b), means—

• (a) the Insolvency Service, where it applied to the appropriate court for the issue of that document,

• (b) the person who applied to the appropriate court for the issue of that document,

• (c) where applicable, the approved intermediary or personal insolvency practitioner of a person referred to in paragraph (b), or

• (d) where applicable, a solicitor acting on behalf of an approved intermediary or personal insolvency practitioner referred to in paragraph (c);

“court office” means—

• (a) in relation to an appropriate court, an office of, or attached to, that court and, where the appropriate court is the Circuit Court, means an office referred to in section 5(3), or

• (b) any office of the Courts Service designated by the Courts Service for the purpose of receiving documents or applications, or issuing documents, by electronic means for the purposes of this Act.

140A. F127[Confirmation of truth.

140A.— …]

141. Review of operation of Part 3.

141.— (1) The Minister shall, in consultation with the Minister for Finance, not later than 3 years after the commencement of this Part, commence a review of its operation.

• (2) A review under subsection (1) shall be completed not later than one year after its commencement.

• (3) Having completed the review the Minister in consultation with the Minister for Finance shall prepare a report setting out the assessment arrived at and the reasons for that assessment.

• (4) The Minister shall lay a copy of a report prepared under subsection (3) before each House of the Oireachtas as soon as reasonably practicable after it has been completed.

PART 4 Bankruptcy

142. Amendment of section 3 of Bankruptcy Act 1988.

142.— Section 3 of the Bankruptcy Act 1988 is amended by the insertion of the following definitions—