Personal Insolvency Act 2012

• (g) be accompanied by a member of the Garda Síochána and assisted in the exercise of the officer’s powers under this Chapter by such other authorised officers, members of the Garda Síochána or other persons as the authorised officer reasonably considers appropriate.

• (2) A requirement under subsection (1)(c), (d), (e) or (f) shall specify a period within which, or a date and time on which, the person the subject of the requirement is to comply with it.

• (3) For the purposes of his or her supervisory functions under section 176A, an authorised officer—

• (a) may require a person who, in the authorised officer’s opinion—

• (i) possesses information that is relevant, or

• (ii) has any records, books or accounts (whether kept in manual form or otherwise) or other documents within that person’s possession or control or within that person’s procurement that are relevant to the supervision,

to provide that information or those records, books, accounts or other documents, as the case may be, to the authorised officer,

• (b) where the authorised officer deems appropriate, may require that person to attend before the authorised officer for the purpose of so providing that information or those records, books, accounts or other documents, as the case may be, and

• (c) may require a person to provide an explanation of a decision, course of action, system or practice or the nature or content of any records or, where the authorised officer deems appropriate, may require that person to attend before the authorised officer for the purpose of so explaining,

and the person shall comply with the requirement.

• (4) A requirement under subsection (3) shall specify—

• (a) a period within which, or a date and time on which, the person the subject of the requirement is to comply with the requirement, and

• (b) as the authorised officer concerned deems appropriate—

• (i) the place at which the person shall attend to give the information concerned or to which the person shall deliver the records, books, accounts or other documents concerned, or

• (ii) the place to which the person shall send the information or the records, books, accounts or other documents concerned.

• (5) A person required to attend before an authorised officer under subsection (3)—

• (a) is also required to answer fully and truthfully any question put to the person by the authorised officer, and

• (b) if so required by the authorised officer, shall answer any such question under oath.

• (6) Where it appears to an authorised officer that a person has failed to comply or fully comply with a requirement under subsection (1), (3) or (5), the authorised officer may, on notice to that person and with the consent of the Insolvency Service, apply in a summary manner to the Circuit Court for an order under subsection (7).

• (7) Where satisfied after hearing the application about the person’s failure to comply or fully comply with the requirement in question, the Circuit Court may, subject to subsection (10), make an order requiring that person to comply or fully comply, as the case may be, with the requirement within a period specified by the Court.

• (8) An application under subsection (6) to the Circuit Court shall be made to a judge of that Court for the circuit in which the person the subject of the application resides or ordinarily carries on any profession, business or occupation.

• (9) The administration of an oath referred to in subsection (5)(b) by an authorised officer is hereby authorised.

• (10) A person the subject of a requirement under subsection (1), (3) or (5) shall be entitled to the same immunities and privileges in respect of compliance with such requirement as if the person were a witness before the High Court.

• (11) Any statement or admission made by a person pursuant to a requirement under subsection (1), (3) or (5) is not admissible against that person in criminal proceedings other than criminal proceedings for an offence under subsection (15), and this shall be explained to the person in ordinary language by the authorised officer concerned.

• (12) Nothing in this section shall be taken to compel the production by any person of any records, books or accounts (whether kept in manual form or otherwise) or other documents which he or she would be exempt from producing in proceedings in a court on the ground of legal professional privilege.

• (13) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling without a warrant issued under subsection (14) authorising the entry.

• (14) A judge of the District Court, if satisfied on the sworn information of an authorised officer that—

• (a) (i) there are reasonable grounds for suspecting that any information is, or records, books or accounts (whether kept in manual form or otherwise) or other documents required by an authorised officer under this section are, held on any premises or any part of any premises, and

• (ii) an authorised officer, in the performance of functions under subsection (1), has been prevented from entering the premises or any part thereof,

or

• (b) it is necessary that the authorised officer enter a private dwelling and exercise therein any of his or her powers under this section,

may issue a warrant authorising the authorised officer, accompanied if necessary by other persons, at any time or times within 30 days from the date of issue of the warrant and on production if so requested of the warrant, to enter, if need be by reasonable force, the premises or part of the premises concerned and perform all or any such functions.

• (15) Subject to subsection (12), a person who—

• (a) withholds, destroys, conceals or refuses to provide any information or records, books or accounts (whether kept in manual form or otherwise) or other documents required for the purposes of the supervision of a personal insolvency practitioner,

• (b) fails or refuses to comply with any requirement of an authorised officer under this section, or

• (c) otherwise obstructs or hinders an authorised officer in the performance of functions imposed under this Act,

is guilty of an offence.

• (16) Subject to subsection (17), where a personal insolvency practitioner is convicted of an offence under subsection (15), the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that his or her authorisation to carry on practice as a personal insolvency practitioner be revoked and that he or she be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from applying for any new authorisation to carry on practice as a personal insolvency practitioner.

• (17) An order under subsection (16) shall not take effect until—

• (a) the ordinary time for bringing an appeal against the conviction concerned or the order has expired without any such appeal having been brought,

• (b) such appeal has been withdrawn or abandoned, or

• (c) on any such appeal, the conviction or order, as the case may be, is upheld.

• (18) In this section, "records, books or accounts" include copies of records, books or accounts.

• (19) In this section, where records, books or accounts are held or maintained in electronic form, the obligation to produce or provide records, books or accounts includes an obligation to produce or provide those records, books or accounts in a legible and comprehensible printed form.

• (20) Where records are not in legible form, an authorised officer, in the exercise of any of his or her powers under this section, may—

• (a) operate any data equipment, including any computer, or cause any such data equipment or computer to be operated by a person accompanying the authorised officer, and

• (b) require any person who appears to the authorised officer to be in a position to facilitate access to the records stored in any data equipment or computer or which can be accessed by the use of that data equipment or computer to give the authorised officer all reasonable assistance in relation to the operation of the data equipment or computer or access to the records stored in it, including:

• (i) providing the records to the authorised officer in a form in which they can be taken and in which they are, or can be made, legible and comprehensible;

• (ii) giving to the authorised officer any password necessary to make the records concerned legible and comprehensible; or

• (iii) otherwise enabling the authorised officer to examine the records in a form in which they are legible and comprehensible.

• (21) Where an authorised officer believes upon reasonable grounds, that a person has committed an offence under this Act, he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.]

176D. F136[Notification by Authorised Officer

176D. Where it appears to an authorised officer, in the performance of his or her functions under section 176C, that improper conduct by a personal insolvency practitioner has occurred or is occurring—

• (a) he or she shall notify the Insolvency Service in writing, as soon as practicable, setting out the reasons why he or she has formed that view, and

• (b) the Insolvency Service shall consider the notification and, if satisfied that there is sufficient reason for so doing, may, in accordance with section 180, cause an investigation to be carried out.]

177. Panel of persons to act as members of Complaints Committee.

177.— (1) The Minister shall establish a panel of persons to act on a committee to be known as the Personal Insolvency Practitioners Complaints Committee (in this Part referred to as “the Complaints Committee”).

• (2) Schedule 3 shall apply in relation to the panel and the Complaints Committee.

• (3) Where the Insolvency Service appoints an inspector under section 180(1)(b) to carry out an investigation, it shall thereafter request the Minister to appoint a Complaints Committee from the panel of persons appointed in accordance with subsection (1) and Schedule 3, to perform the functions of the Complaints Committee under this Part as respects the inspector’s investigation of the personal insolvency practitioner concerned.

178. Complaints against personal insolvency practitioners.

178.— (1) A person may make a complaint in writing to the Insolvency Service alleging that improper conduct by a personal insolvency practitioner has occurred or is occurring.

• (2) Where the Insolvency Service receives a complaint it shall—

• (a) notify the personal insolvency practitioner concerned in writing of the receipt of the complaint,

• (b) provide the personal insolvency practitioner with a copy of the complaint and a copy of any documents furnished to the Insolvency Service by the complainant,

• (c) refer the personal insolvency practitioner to any regulations made under sections 161 and 173 and to any guidelines or codes of practice issued under section 137, and

• (d) request the personal insolvency practitioner to provide a response in relation to the complaint within a time specified in the notification.

• (3) Where the Insolvency Service receives a response to the request referred to in subsection (2)(d) it shall consider the response and having considered the response it may, where—

• (a) it is satisfied that the complaint is not made in good faith,

• (b) it is satisfied that the complaint is frivolous or vexatious or without substance or foundation, or

• (c) subject to subsection (6), it is satisfied that the complaint is likely to be resolved by mediation or other informal means between the parties concerned,

determine the complaint accordingly and in that case it shall give notice in writing to the complainant and the personal insolvency practitioner to whom the complaint relates of the decision and the reasons for the decision.

• (4) Where the Insolvency Service does not receive a response to the request referred to in subsection (2)(d), or having received a response it considers that none of paragraphs (a) to (c) of subsection (3) apply, it shall cause an investigation of the matter the subject of the complaint to be carried out.

• (5) Where a complaint is withdrawn by a complainant before the investigation report which relates to the complaint has been furnished by the inspector concerned pursuant to section 182(2), the Insolvency Service may proceed as if the complaint had not been withdrawn if it is satisfied that there is good and sufficient reason for so doing.

• (6) Where, pursuant to subsection (5), the Insolvency Service proceeds as if a complaint had not been withdrawn, the investigation concerned shall thereupon be treated as an investigation initiated by the Insolvency Service, and the other provisions of this Act shall be construed accordingly.

• (7) Where a complaint is not resolved by mediation or other informal means referred to in subsection (3)(c), the complainant may, at his or her discretion, make a fresh complaint in respect of the matter the subject of the first-mentioned complaint.

179. Circumstances in which application may be made to High Court for immediate suspension of authorisation, etc.

179.— (1) Without prejudice to subsection (4), where the Insolvency Service considers that the immediate suspension of an authorisation to carry on practice as a personal insolvency practitioner (whether or not the personal insolvency practitioner concerned is the subject of a complaint) is necessary to protect debtors and creditors who are or may become parties to Debt Settlement Arrangements or Personal Insolvency Arrangements, until steps or further steps are taken under this Part, the Insolvency Service may, on notice to the personal insolvency practitioner, make an application in a summary manner to the High Court for an order to suspend the personal insolvency practitioner’s authorisation to carry on practice as a personal insolvency practitioner.

• (2) The High Court may determine an application under subsection (1) by—

• (a) making any order that it considers appropriate, including an order suspending the authorisation of the personal insolvency practitioner the subject of the application for such period, or until the occurrence of such event, as is specified in the order, and

• (b) giving to the Insolvency Service any other direction that the court considers appropriate.

• (3) The Insolvency Service shall, on complying with a direction of the High Court under subsection (2)(b), give notice in writing to the personal insolvency practitioner concerned of the Insolvency Service’s compliance with the direction.

(4)(a) Where the Insolvency Service considers that the immediate suspension of an authorisation to carry on practice as a personal insolvency practitioner (and whether or not the personal insolvency practitioner concerned is the subject of a complaint) is necessary because of the immediate risk of financial harm to debtors and creditors who are or may become parties to Debt Settlement Arrangements or Personal Insolvency Arrangements, the Insolvency Service may make an application in a summary manner ex parte to the High Court for an interim order to suspend the authorisation.

• (b) The application for such an order shall be grounded on an affidavit sworn on behalf of the Insolvency Service.

(5)(a) The High Court may make an interim order to suspend an authorisation to carry on practice as a personal insolvency practitioner on an application under subsection (4) where, having regard to the circumstances of the case, the Court considers it necessary to do so for the protection of debtors and creditors who are or may become parties to Debt Settlement Arrangements or Personal Insolvency Arrangements.

• (b) If an interim order is made, a copy of the order and the affidavit referred to in subsection (4)(b) shall be served on the personal insolvency practitioner as soon as is practicable.

• (c) The interim order shall have effect for a period, not exceeding 14 days, to be specified in the order, and shall cease to have effect on the determination by the High Court of an application under subsection (1) for an order to suspend the authorisation to carry on practice as a personal insolvency practitioner.

• (6) An application under subsection (4) shall be heard otherwise than in public unless the High Court considers it appropriate to hear the application in public.

180. Investigations.

180.— (1) Subject to section 178(2) and (4), the Insolvency Service—

• (a) shall, following the receipt of a complaint, or may of its own volition, cause such investigation as it deems appropriate to be carried out to identify any improper conduct, and

• (b) for the purposes of the investigation, shall appoint an inspector subject to such terms as it deems appropriate—

• (i) to carry out the investigation, and

• (ii) to prepare an investigation report following the completion of the investigation and to furnish it to the persons referred to in subsection (4).

• (2) The Insolvency Service may appoint more than one inspector to carry out an investigation but, in any such case, the investigation report concerned shall be prepared jointly by the inspectors so appointed.

• (3) The terms of appointment of an inspector may define the scope of the investigation to be carried out by the inspector, whether as respects the matters or the period to which it is to extend or otherwise, and in particular may limit the investigation to matters connected with particular circumstances.

• (4) Where the Insolvency Service has appointed an inspector to carry out an investigation, the inspector shall, as soon as is practicable after being so appointed—

• (a) if the investigation arises in consequence of the receipt of a complaint by the Insolvency Service—

• (i) give notice in writing to the personal insolvency practitioner to whom the complaint relates of the receipt of the complaint and setting out particulars of the complaint, and

• (ii) give the personal insolvency practitioner—

• (I) copies of any documents relevant to the investigation, and

• (II) a copy of this Part,

• (b) if the investigation arises on the volition of the Insolvency Service—

• (i) give notice in writing to the personal insolvency practitioner concerned of the matters to which the investigation relates, and

• (ii) give the personal insolvency practitioner—

• (I) copies of any documents relevant to the investigation, and

• (II) a copy of this Part,

and

• (iii) without prejudice to the generality of section 181, afford the personal insolvency practitioner an opportunity to respond within 21 days from the day on which notice was given to the personal insolvency practitioner pursuant to subparagraph (i), or such further period not exceeding 30 days as the inspector allows, to the matter to which the investigation relates.

• (5) Where an investigation arises in consequence of the receipt of a complaint by the Insolvency Service, the inspector appointed to carry out the investigation—

• (a) shall, as soon as is practicable, give the complainant a copy of the notice referred to in subsection (4)(a)(i) given to the personal insolvency practitioner to whom the complaint relates, and

• (b) shall make reasonable efforts to ensure that the complainant is kept informed of progress on the investigation.

181. Measures to assist inspector in carrying out investigation.

181.— (1) For the purposes of an investigation in relation to a personal insolvency practitioner, an inspector may—

• (a) subject to subsections (13) and (14), at all reasonable times enter, inspect, examine and search any premises at, or vehicles in or by means of, which any activity in connection with the practice of the personal insolvency practitioner is carried on,

• (b) subject to subsections (13) and (14), enter, inspect, examine and search any dwelling occupied by the personal insolvency practitioner, being a dwelling as respects which there are reasonable grounds to believe records relating to the practice of the personal insolvency practitioner are being kept in it,

• (c) without prejudice to any other power conferred by this subsection, require any person found in or on any premises, vehicle or dwelling referred to in any of the preceding paragraphs or any person in charge of or in control of such premises, vehicle or dwelling or directing any activity therein or thereto referred to in paragraph (a) to produce any records, books or accounts (whether kept in manual form or otherwise) or other documents which it is necessary for the inspector to see for the purposes of the investigation, and the inspector may inspect, examine, copy and take away any such records, books or accounts or other documents so produced or require a foregoing person to provide a copy of them or of any entries in them to the inspector,

• (d) require any person referred to in paragraph (c) to afford such facilities and assistance within the person’s control or responsibilities as are reasonably necessary to enable the inspector to exercise any of the powers conferred on the inspector under paragraph (a), (b) or (c),

• (e) require any person by or on whose behalf data equipment is or has been used in connection with an activity referred to in paragraph (a), or any person having charge of, or otherwise concerned with the operation of, such data equipment or any associated apparatus or material, to afford the inspector all reasonable assistance in respect of its use,

• (f) require the personal insolvency practitioner, the personal insolvency practitioner’s employee or the personal insolvency practitioner’s agent to give such authority in writing addressed to such bank or banks as the inspector requires for the purpose of enabling the inspection of any account or accounts opened, or caused to be opened, by the personal insolvency practitioner at such bank or banks (or any documents relating thereto) and to obtain from such bank or banks copies of such documents relating to such account or accounts for such period or periods as the inspector deems necessary to fulfil that purpose, and

• (g) be accompanied by a member of the Garda Síochána if there is reasonable cause to apprehend any serious obstruction in the performance of any of the inspector’s functions under this subsection.

• (2) A requirement under subsection (1)(c), (d), (e) or (f) shall specify a period within which, or a date and time on which, the person the subject of the requirement is to comply with it.

• (3) For the purposes of an investigation, an inspector—

• (a) may require a person who, in the inspector’s opinion—

• (i) possesses information that is relevant to the investigation, or

• (ii) has any records, books or accounts (whether kept in manual form or otherwise) or other documents within that person’s possession or control or within that person’s procurement that are relevant to the investigation,

to provide that information or those records, books, accounts or other documents, as the case may be, F137[to the inspector,]

• (b) where the inspector deems appropriate, may require that person to attend before the inspector for the purpose of so providing that information or those records, books, accounts or other documents, F137[as the case may be, and]

• F138[(c) may require a person to provide an explanation of a decision, course of action, system or practice or the nature or any content of any records or, where the inspector deems appropriate, may require that person to attend before the inspector for the purpose of so explaining,]

and the person shall comply with the requirement.

• (4) A requirement under subsection (3) shall specify—

• (a) a period within which, or a date and time on which, the person the subject of the requirement is to comply with the requirement, and

• (b) as the inspector concerned deems appropriate—

• (i) the place at which the person shall attend to give the information concerned or to which the person shall deliver the records, books, accounts or other documents concerned, or

• (ii) the place to which the person shall send the information or the records, books, accounts or other documents concerned.

• (5) A person required to attend before an inspector under subsection (3)—

• (a) is also required to answer fully and truthfully any question put to the person by the inspector, and

• (b) if so required by the inspector, shall answer any such question under oath.

• (6) Where it appears to an inspector that a person has failed to comply or fully comply with a requirement under subsection (1), (3) or (5), the inspector may, on notice to that person and with the consent of the Insolvency Service, apply in a summary manner to the Circuit Court for an order under subsection (7).

• (7) Where satisfied after hearing the application about the person’s failure to comply or fully comply with the requirement in question, the Circuit Court may, subject to subsection (10), make an order requiring that person to comply or fully comply, as the case may be, with the requirement within a period specified by the Court.

• (8) An application under subsection (6) to the Circuit Court shall be made to a judge of that Court for the circuit in which the person the subject of the application resides or ordinarily carries on any profession, business or occupation.

• (9) The administration of an oath referred to in subsection (5)(b) by an inspector is hereby authorised.

• (10) A person the subject of a requirement under subsection (1), (3) or (5) shall be entitled to the same immunities and privileges in respect of compliance with such requirement as if the person were a witness before the High Court.

• (11) Any statement or admission made by a person pursuant to a requirement under subsection (1), (3) or (5) is not admissible against that person in criminal proceedings other than criminal proceedings for an offence under subsection (17), and this shall be explained to the person in ordinary language by the inspector concerned.

• (12) Nothing in this section shall be taken to compel the production by any person of any records, books or accounts (whether kept in manual form or otherwise) or other documents which he or she would be exempt from producing in proceedings in a court on the ground of legal professional privilege.

• (13) An inspector shall not, other than with the consent of the occupier, enter a private dwelling without a warrant issued under subsection (14) authorising the entry.

• (14) A judge of the District Court, if satisfied on the sworn information of an inspector that—

(a)(i) there are reasonable grounds for suspecting that any information is, or records, books or accounts (whether kept in manual form or otherwise) or other documents required by an inspector under this section are, held on any premises or any part of any premises, and

• (ii) an inspector, in the performance of functions under subsection (1), has been prevented from entering the premises or any part thereof,

or

• (b) it is necessary that the inspector enter a private dwelling and exercise therein any of his or her powers under this section,

may issue a warrant authorising the inspector, accompanied if necessary by other persons, at any time or times within 30 days from the date of issue of the warrant and on production if so requested of the warrant, to enter, if need be by reasonable force, the premises or part of the premises concerned and perform all or any such functions.

• (15) For the purposes of an investigation, an inspector may, if he or she thinks it proper to do so, of his or her own volition or at the request of the personal insolvency practitioner to whom the investigation relates, conduct an oral hearing.

• (16) Part 1 of Schedule 2 shall have effect for the purposes of an oral hearing referred to in subsection (15).

• (17) Subject to subsection (12), a person who—

• (a) withholds, destroys, conceals or refuses to provide any information or records, books or accounts (whether kept in manual form or otherwise) or other documents required for the purposes of an investigation,

• (b) fails or refuses to comply with any requirement of an inspector under this section, or

• (c) otherwise obstructs or hinders an inspector in the performance of functions imposed under this Act,

is guilty of an offence.

• (18) Subject to subsection (19), where a personal insolvency practitioner is convicted of an offence under subsection (17), the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that his or her authorisation to carry on practice as a personal insolvency practitioner be revoked and that he or she be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from applying for any new authorisation to carry on practice as a personal insolvency practitioner.

• (19) An order under subsection (18) shall not take effect until—

• (a) the ordinary time for bringing an appeal against the conviction concerned or the order has expired without any such appeal having been brought,

• (b) such appeal has been withdrawn or abandoned, or

• (c) on any such appeal, the conviction or order, as the case may be, is upheld.

• (20) In this section, “records, books or accounts” includes copies of records, books or accounts.

• (21) In this section where records, books or accounts are held or maintained in electronic form, the obligation to produce or provide records, books or accounts includes an obligation to produce or provide those records, books or accounts in a legible and comprehensible printed form.

• F139[(22) Where records are not in legible form, an inspector, in the exercise of any of his or her powers under this section, may—

• (a) operate any data equipment, including any computer, or cause any such data equipment or computer to be operated by a person accompanying the inspector, and

• (b) require any person who appears to the inspector to be in a position to facilitate access to the records stored in any data equipment or computer or which can be accessed by the use of that data equipment or computer to give the inspector all reasonable assistance in relation to the operation of the data equipment or computer or access to the records stored in it, including—

• (i) providing the records to the inspector in a form in which they can be taken and in which they are, or can be made, legible and comprehensible,

• (ii) giving to the inspector any password necessary to make the records concerned legible and comprehensible, or

• (iii) otherwise enabling the inspector to examine the records in a form in which they are legible and comprehensible.

• (23) Where an inspector believes upon reasonable grounds, that a person has committed an offence under this Act, he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.]

182. Preparation of report by inspector and consideration of matter by the Complaints Committee.

182.— (1) Subject to subsection (3), where an inspector has completed an investigation, the inspector shall, as soon as is practicable after having considered, in so far as they are relevant to the investigation, any information or records, books or accounts (whether kept in manual form or otherwise) or other documents provided to the inspector pursuant to any requirement under section 181, any statement or admission made by any person pursuant to any requirement under that section, any submissions made and any evidence presented (whether at an oral hearing referred to in section 181(15) or otherwise)—

• (a) prepare a draft of the investigation report, and

• (b) give a copy of the investigation report together with a copy of this section to—

• (i) the personal insolvency practitioner to whom the investigation relates,

• (ii) if the investigation arose in consequence of the receipt of a complaint, the complainant, and

• (iii) the Insolvency Service,

and shall in writing invite those persons to each make submissions in writing to the inspector on the draft of the investigation report not later than 30 days from the date on which the notice was sent to them, or such further period not exceeding 30 days as the inspector allows.

• (2) An inspector who has complied with subsection (1) following the completion of an investigation shall, as soon as is practicable after the expiration of the period referred to in subsection (1)(b), and, having—

• (a) considered the submissions (if any) referred to in subsection (1)(b) made before the expiration of that period on the draft of the investigation report concerned, and

• (b) made any revisions to the draft of the investigation report which, in the opinion of the inspector, are warranted following such consideration,

prepare the final form of the investigation report and submit it, together with any such submissions annexed to the report, to each of the parties referred to in subsection (1) and the Complaints Committee.

• (3) In a case where the investigation report states that the inspector is satisfied that improper conduct by the personal insolvency practitioner to whom the investigation relates has occurred or is occurring, the inspector shall not make any recommendation, or express any opinion, in the report as to the form of sanction (whether a minor sanction or a major sanction) that he or she thinks ought to be imposed on the personal insolvency practitioner in respect of such improper conduct.

• (4) Where the Complaints Committee receives an inspector’s report it shall invite—

• (a) the personal insolvency practitioner concerned,

• (b) the Insolvency Service, and

• (c) where the investigation by the inspector arose in consequence of the receipt of a complaint, the complainant,

to make submissions to it in writing regarding the matters the subject of the inspector’s report and the submissions furnished to those parties pursuant to subsection (2) within 30 days of the issue of the invitation or such further period as the Complaints Committee may allow.

• (5) Subject to subsection (6), the Complaints Committee may consider the matter on the basis of the inspector’s report and any submissions made to the inspector pursuant to subsection (1), and to the Complaints Committee pursuant to subsection (4), and may also have regard to any documents furnished to the inspector in the course of the inspection.

• (6) Where the Complaints Committee is of the opinion that for the purposes of observing fair procedures it is appropriate to do so, it may conduct an oral hearing.

• (7) Part 2 of Schedule 2 shall apply for the purposes of an oral hearing referred to in subsection (6).

• (8) Having completed its consideration of the matter the Complaints Committee shall make a determination as to whether the conduct of the personal insolvency practitioner the subject of the investigation constitutes improper conduct.

• (9) Where the Complaints Committee determines that the conduct of the personal insolvency practitioner does not constitute improper conduct it shall dismiss the complaint.

• (10) Where the Complaints Committee determines that the conduct of the personal insolvency practitioner the subject of the investigation does constitute improper conduct it shall determine whether the appropriate sanction is a minor sanction or a major sanction in the circumstances of the case.

• (11) Where the Complaints Committee determines that the appropriate sanction is a minor sanction it shall determine which of the sanctions specified in the definition of minor sanction is the appropriate sanction in the circumstances of the case and shall impose that sanction.

• (12) Where the Complaints Committee determines that the appropriate sanction is a major sanction it shall determine which of the sanctions specified in the definition of major sanction is the appropriate sanction in the circumstances of the case and in such a case it shall refer the matter to the High Court and make a recommendation as to the appropriate sanction.

• (13) In every case where a determination is made under subsections (8) to (12) the Complaints Committee shall furnish a copy of that determination to—

• (a) the personal insolvency practitioner concerned,

• (b) the Insolvency Service, and

• (c) where the investigation by the inspector arose in consequence of the receipt of a complaint, the complainant.

• (14) Where a matter is referred to the High Court it shall determine, having given all the parties an opportunity to make submissions, whether the appropriate sanction is a minor sanction or a major sanction in the circumstances of the case, and

• (a) where the Court determines that the appropriate sanction is a minor sanction it shall determine which of the sanctions specified in the definition of minor sanction in section 159 is the appropriate sanction in the circumstances of the case and shall impose that sanction, and

• (b) where the Court determines that the appropriate sanction is a major sanction it shall determine which of the sanctions specified in the definition of major sanction in section 159 is the appropriate sanction in the circumstances of the case and shall impose that sanction.

183. Appeal to High Court against determination of Complaints Committee.

183.— (1) A personal insolvency practitioner the subject of a determination under section 182 (other than subsection (12) of that section) by the Complaints Committee—

• (a) that the personal insolvency practitioner concerned has committed improper conduct, and

• (b) that a minor sanction be imposed in respect of improper conduct,

may, not later than 30 days from the date the notice under section 182(13) was issued to the personal insolvency practitioner, appeal to the High Court against the decision.

• (2) The High Court may, on the hearing of an appeal under subsection (1) by a personal insolvency practitioner, consider any evidence adduced or argument made, whether or not adduced or made to an inspector or the Complaints Committee.

• (3) Subject to subsection (4), the High Court may, on the hearing of an appeal under subsection (1) by a personal insolvency practitioner—

• (a) (i) confirm the decision the subject of the appeal,

• (ii) determine that the conduct concerned does not constitute improper conduct, or

• (iii) confirm the determination that the conduct concerned does constitute improper conduct and impose a different sanction on the personal insolvency practitioner,

and

• (b) make such order as to costs as it deems appropriate in respect of the appeal.

• (4) The High Court shall, in considering an appropriate sanction, take into consideration the matters referred to in section 184.

184. Matters to be considered in determining sanctions to be imposed.

184.— The Complaints Committee and the High Court, as the case may be, in considering whether a sanction ought to be imposed or the appropriate sanction to be imposed shall take into account the circumstances of the improper conduct concerned (including the factors occasioning it) and, without prejudice to the generality of the foregoing, may have regard to—

• (a) the need to ensure that any sanction imposed—

• (i) is appropriate and proportionate to the improper conduct, and

• (ii) if applicable, will act as a sufficient deterrent to discourage improper conduct of that or a similar nature in the future,

• (b) the seriousness of the improper conduct,

• (c) the extent of any failure by the personal insolvency practitioner to co-operate with the investigation concerned of the personal insolvency practitioner,

• (d) any excuse or explanation by the personal insolvency practitioner for the improper conduct or failure to co-operate with the investigation concerned,

• (e) any gain (financial or otherwise) made by the personal insolvency practitioner or by any person in which the personal insolvency practitioner has a financial interest as a consequence of the improper conduct,

• (f) the amount of any loss suffered or costs incurred as a result of the improper conduct,

• (g) the duration of the improper conduct,

• (h) the repeated occurrence of improper conduct by the personal insolvency practitioner,

• (i) if applicable, the continuation of the improper conduct after the personal insolvency practitioner was notified of the investigation concerned,

• (j) if applicable, the absence, ineffectiveness or repeated failure of internal mechanisms or procedures of the personal insolvency practitioner intended to prevent improper conduct from occurring,

• (k) if applicable, the extent and timeliness of any steps taken to end the improper conduct and any steps taken for remedying the consequences of the improper conduct,

• (l) whether a sanction in respect of similar improper conduct has already been imposed on the personal insolvency practitioner by a court or the Complaints Committee, and

• (m) any precedents set by a court or the Complaints Committee in respect of previous improper conduct.

185. Publication of sanctions, etc.

185.— (1) The Insolvency Service shall publish particulars, in such form and manner and for such period as it deems appropriate, of—

• (a) the conviction of a person for an offence under section 160,

• (b) a decision of the Insolvency Service refusing to renew an authorisation to carry on practice as a personal insolvency practitioner,

• (c) the suspension under section 179(2) of an authorisation to carry on practice as a personal insolvency practitioner, and

• (d) the imposition of a major sanction on a personal insolvency practitioner under this Part.

• (2) The Insolvency Service may publish particulars, in such form and manner and for such period as it deems appropriate, of the imposition of a minor sanction on a personal insolvency practitioner under this Part.

186. F140[Restriction of right of access to personal data in certain circumstances

186. Article 15 (Right of access) of the Data Protection Regulation, in so far as it relates to personal data (within the meaning of that Regulation) processed by the following persons or bodies, is restricted to the extent necessary and proportionate to enable the person or body to effectively perform his, her or its functions under this Act, in so far as those functions relate to the supervision of personal insolvency practitioners in accordance with section 176A or to carrying out an investigation under this Part:

• (a) the Insolvency Service;

• (b) an inspector appointed under section 176;

• (c) an authorised officer appointed under section 176B;

• (d) the Complaints Committee.]

PART 6 Specialist Judges of Circuit Court

187. Amendment of Courts (Establishment and Constitution) Act 1961.

187.— The Courts (Establishment and Constitution) Act 1961 is amended—

• (a) in section 4(2)—

• (i) in paragraph (a), by deleting “and”,

• (ii) in paragraph (b), by deleting “Oireachtas.” and substituting “Oireachtas, and”, and

• (iii) by inserting the following paragraph after paragraph (b):

• “(c) such number of specialist judges (each of whom shall be styled “Sainbhreitheamh den Chúirt Chuarda” (“Specialist Judge of the Circuit Court”)) as may from time to time be fixed by Act of the Oireachtas.”,

• (b) in section 6(1)(a), by deleting “President of the Circuit Court or ordinary judge of the Circuit Court” and substituting “President of the Circuit Court, ordinary judge of the Circuit Court or specialist judge of the Circuit Court”, and

• (c) in section 6A (inserted by section 12 of the Courts and Court Officers Act 2002), by substituting the following for subsection (1):

• “(1) Where a judicial office within the meaning of section 6 of this Act is vacated by a person in accordance with subsection (3) of that section, the person shall complete the hearing of any case or cases that have been partly heard by the person in the Court in which the judicial office is vacated if, at the request of the President of that Court—

  • (a) in case the person is appointed to the office of Chief Justice, President of the High Court or President of the Circuit Court, he or she considers it appropriate to do so, or

  • (b) in case the person is appointed to the office of—

    • (i) ordinary judge of the Supreme Court, the Chief Justice requests the person to do so,

    • (ii) ordinary judge of the High Court, the President of the High Court requests the person to do so, or

    • (iii) ordinary judge of the Circuit Court or specialist judge of the Circuit Court, the President of the Circuit Court requests the person to do so.”.

188. Amendment of section 17 of Courts (Supplemental Provisions) Act 1961.

188.— Section 17 of the Courts (Supplemental Provisions) Act 1961 is amended—

• (a) in subsection (2) (as amended by section 5 of the Courts and Court Officers Act 2002), by deleting “A person” and substituting “Subject to subsection (4), a person”,

• (b) in subsection (2A) (inserted by section 5 of the Courts and Court Officers Act 2002), by deleting “A judge” and substituting “Subject to subsection (4), a judge”,

• (c) in subsection (2B) (inserted by section 5 of the Courts and Court Officers Act 2002), by deleting “A county registrar” and substituting “Subject to subsection (4), a county registrar”,

• (d) by inserting the following after subsection (2B) (inserted by section 5 of the Courts and Court Officers Act 2002):

• “(2C) A specialist judge of the Circuit Court shall be qualified for appointment as an ordinary judge of the Circuit Court.”,

and

• (e) by inserting the following after subsection (3):

• “(4) Any of the following persons shall be qualified for appointment as a specialist judge of the Circuit Court:

  • (a) a person who is for the time being a county registrar, having held such office for not less than 2 years continuously, and

  • (b) subject to subsection (5)—

    • (i) a person who is for the time being a practising barrister or a practising solicitor of not less than 10 years standing, and

    • (ii) a judge of the District Court.

• (5) Subsection (4)(b) shall come into operation on such day, being not later than 1 January 2014, as the Minister may by order appoint.”.

189. Amendment of Courts (Supplemental Provisions) Act 1961.

189.— The Courts (Supplemental Provisions) Act 1961 is amended by inserting the following after section 26:

“Functions, powers and jurisdiction of specialist judges of the Circuit Court.

26A.— (1) Notwithstanding any other enactment conferring functions, powers and jurisdiction on a judge of the Circuit Court, a specialist judge of that court may only perform the functions and exercise the powers and jurisdiction that are conferred upon him or her by this section.

• (2) The functions, powers and jurisdiction conferred on the Circuit Court by the Personal Insolvency Act 2012 may, subject to this section, be performed and exercised by a specialist judge.

• (3) A specialist judge may make any order that may be made by a County Registrar under section 34(1) of, and the Second Schedule to, the Courts and Court Officers Act 1995, subject to the following modifications and any other necessary modifications—

  • (a) a reference in the Schedule to a County Registrar shall be construed as a reference to a specialist judge,

  • (b) section 34(2) of the Act shall not apply to such an order, and

  • (c) the deletion of paragraph 8 of the Schedule.

• (4) In performing the functions and exercising the jurisdiction conferred upon him or her by this section, a specialist judge shall have all powers ancillary to those functions or that jurisdiction.

• (5) A specialist judge may perform functions and exercise powers and jurisdiction in respect of proceedings to which subsections (2) and (3) apply that are before the Circuit Court only in a relevant circuit.

• (6) A specialist judge may, in any place in the State outside a relevant circuit, hear and determine any application which he or she has power to hear and determine within that circuit and which, in his or her opinion, should be dealt with as a matter of urgency.

• (7) A specialist judge may adjourn proceedings or any part of proceedings before him or her to any other judge of the Circuit Court within a relevant circuit.

• (8) A specialist judge may make out of court any orders which he or she may deem to be urgent.

• (9) In this section—

“enactment” means—

- (*a*) an Act of the Oireachtas,

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

- (*c*) an instrument made under—

    - (i) an Act of the Oireachtas, or

    - (ii) a statute referred to in paragraph (*b*);

      “relevant circuit” means, in relation to a specialist judge, a circuit to which he or she is assigned under section 10(3) of the [Courts of Justice Act 1947](https://www.irishstatutebook.ie/eli/1947/act/20) or section 2A (inserted by *[section 193](#193-amendment-of-courts-act-1977)* of the *Personal Insolvency Act 2012*) of the [Courts Act 1977](https://www.irishstatutebook.ie/eli/1977/act/11).”.

190. Amendment of section 46 of Courts (Supplemental Provisions) Act 1961.

190.— Subsection (9A) (inserted by section 10 of the Financial Emergency Measures in the Public Interest (Amendment) Act 2011) of section 46 of the Courts (Supplemental Provisions) Act 1961 is amended—

• (a) in paragraph (g), by deleting “and”, and

• (b) by inserting the following after paragraph (g):

• “(gg) to each specialist judge of the Circuit Court, the sum of €140,623, and”.

191. Number of specialist judges.

191.— The Courts and Court Officers Act 1995 is amended by inserting the following after section 10:

“Number of specialist judges of Circuit Court.

10A.— The number of specialist judges of the Circuit Court shall not be more than 8.”.

192. Amendment of Courts and Court Officers Act 1995.

192.— The Courts and Court Officers Act 1995 is amended—

• (a) in section 12, in the definition of “judicial office”, by inserting “, specialist judge of the Circuit Court” after “Circuit Court”,

• (b) in section 16(7) (as amended by section 8 of the Courts and Court Officers Act 2002), by substituting the following paragraph for paragraph (a):

• “(a) When submitting the name of a person to the Minister under this section, the Board shall indicate whether the person satisfies the requirements of—

  • (i) subsection (2) of section 5 (as amended by section 4 of the Courts and Court Officers Act 2002) of the Act of 1961 (in the case of an appointment to the office of ordinary judge of the Supreme Court or of ordinary judge of the High Court),

  • (ii) subsection (2) or (2B) of section 17 (as amended by section 188 of the Personal Insolvency Act 2012) of the Act of 1961 (in the case of an appointment to the office of judge of the Circuit Court),

  • (iii) subsection (4) (inserted by section 188 of the Personal Insolvency Act 2012) of section 17 of the Act of 1961 (in the case of an appointment to the office of specialist judge of the Circuit Court), or

  • (iv) subsection (2) or (3) of section 29 of the Act of 1961 (in the case of an appointment to the office of judge of the District Court),

  in respect of appointment to the judicial office for which the person wishes to be considered and the Board shall not recommend a person to the Minister under this section unless the person satisfies those requirements.”,

• (c) by inserting the following after section 19:

“Training and education of specialist judges of Circuit Court.

19A.— A specialist judge of the Circuit Court shall take such course or courses of training or education, or both, as may be required by the Chief Justice or the President of the Circuit Court, at such time or times as the Chief Justice or, as the case may be, the President of the Circuit Court may specify.”.

193. Amendment of Courts Act 1977.

193.— The Courts Act 1977 is amended by inserting the following after section 2:

“Assignment of specialist judges of Circuit Court to circuits.

2A.— (1) Section 2 shall not apply to the assignment to a circuit of a specialist judge of the Circuit Court.

• (2) Where a specialist judge of the Circuit Court is appointed, the Government shall permanently assign him or her to one or more than one circuit.

• (3) Any specialist judge of the Circuit Court who is permanently assigned to a particular circuit may at any time, if he or she so consents but not otherwise, be transferred by the Government to another circuit and shall upon such transfer become and be permanently assigned to that other circuit in lieu of the first-mentioned circuit.

• (4) Where a specialist judge of the Circuit Court is permanently assigned to a circuit, the Government, at his or her request, may, if they think fit, terminate his or her permanent assignment to that circuit and the judge may at any time thereafter be permanently assigned by the Government to any other circuit.

• (5) Where—

  • (a) a specialist judge of the Circuit Court is permanently assigned to two or more circuits, and

  • (b) his or her permanent assignment to one of those circuits ceases under subsection (3) or (4),

  nothing in those subsections shall terminate or affect his or her permanent assignment to the circuit or circuits not referred to in paragraph (b) or deprive or relieve him or her of any of the privileges, powers and duties vested in or imposed on him or her by virtue of such permanent assignment.

• (6) More than one specialist judge of the Circuit Court may be assigned to the same circuit, whether by operation of this section or section 10(3) of the Courts of Justice Act 1947, or both.”.

194. Amendment of section 10 of Courts of Justice Act 1947.

194.— Section 10 of the Courts of Justice Act 1947 is amended—

• (a) in subsection (1), by deleting “by subsections (2), (3), (4), (5) and (6) of this section” and substituting “by this section”,

• (b) in subsection (2), by deleting paragraph (e), and

• (c) by adding the following after subsection (6):

• “(8) Subsections (2), (4) and (5) shall not apply to the distribution of the work, or the despatch of the business, of the Circuit Court that is required to be done by or transacted before a specialist judge of the Circuit Court.

• (9) The President of the Circuit Court may, from time to time, by order fix, in respect of any circuit the—

  • (a) places therein at which sittings before specialist judges are to be held,

  • (b) times during the year and the hours between which (which may include times and hours other than the times and hours of the sittings of the Circuit Court fixed under subsection (2)) such sittings are to be held,

  and, whenever such an order is in force, such sittings within that circuit shall be held—

  - (i) at the place fixed by the order and not elsewhere, and
  
  - (ii) at the times during the year and between the hours fixed by the order.
  

• (10) The President of the Circuit Court may, before exercising his or her powers under subsection (9)(a) in respect of a circuit, consult the specialist judge permanently assigned to that circuit.

• (11) Where 2 or more specialist judges are for the time being assigned (whether permanently or temporarily) to a particular circuit, the President of the Circuit Court, after consultation with those specialist judges, may, from time to time, allocate the business of the Circuit Court in that circuit that is required to be transacted before a specialist judge amongst those specialist judges.

• (12) Where a specialist judge is for the time being assigned (whether permanently or temporarily) to a particular circuit, the President of the Circuit Court may, after consultation with that specialist judge, in respect of any business of the Circuit Court which may be transacted both before a county registrar for a county, county borough or other area within a circuit and a specialty judge assigned to that circuit, by order—

  • (a) direct that such business is to be transacted before a county registrar and not before a specialist judge, or

  • (b) allocate such business amongst the specialty judges and the county registrars concerned.

• (13) Every order made under subsection (2), (9) or (12) shall, as soon as may be after it is made, be published in such manner as the President of the Circuit Court may direct.”.

195. Amendment of section 38 of Courts of Justice Act 1924.

195.— The Courts of Justice Act 1924 is amended by substituting the following section for section 38:

“38.— (1) The following judges shall be addressed in such manner as may be determined by the rules to be made under this Part:

• (a) all the circuit judges, other than the specialist judges, and

• (b) all the specialist judges.

• (2) All the circuit judges, other than the specialist judges, shall rank amongst themselves according to priority of appointment.”.

196. Amendment of section 66 of Courts of Justice Act 1924.

196.— The Courts of Justice Act 1924 is amended in section 66—

• (a) by designating the section as subsection (1), and

• (b) by inserting the following after subsection (1):

• “(2) Notwithstanding subsection (1), the times at which specialist judges of the Circuit Court may take vacations shall be such times as may be approved of by the Minister.”.

197. Amendment of Courts Act 1973.

197.— Section 2(2) of the Courts Act 1973 is amended by substituting the following paragraphs for paragraph (a):

• “(a) under subsection (2) or (2B) of section 17 of the Courts (Supplemental Provisions) Act 1961, as a judge of the Circuit Court,

• (aa) under section (4)(b) (inserted by section 188 of the Personal Insolvency Act 2012) of section 17 of the Courts (Supplemental Provisions) Act 1961, as a specialist judge of the Circuit Court, or”.

198. Amendment of Law Reform Commission Act 1975.

198.— Section 14(2) of the Law Reform Commission Act 1975 is amended by substituting the following paragraphs for paragraph (d):

• “(d) under subsection (2) or (2B) of section 17 of the Courts (Supplemental Provisions) Act 1961, as a judge of the Circuit Court,

• (dd) under section (4)(b) (inserted by section 188 of the Personal Insolvency Act 2012) of section 17 of the Courts (Supplemental Provisions) Act 1961, as a specialist judge of the Circuit Court,”.

199. Continuity of administration of justice not to be affected.

199.— (1) The continuity of the administration of justice shall not be interrupted by—

• (a) the coming into operation of any provision of this Part, or

• (b) the assignment of a specialist judge of the Circuit Court to a circuit, whether permanently or temporarily, under section 10(3) of the Courts of Justice Act 1947 or section 2A (inserted by section 193 of the Personal Insolvency Act 2012) of the Courts Act 1977.

• (2) A specialist judge of the Circuit Court may perform the functions and exercise the powers and jurisdiction conferred on him or her by section 189 in proceedings before the Circuit Court, notwithstanding that those proceedings may have been pending at the date of coming into operation of that section.

SCHEDULE 1 Repeals

F141[…]

SCHEDULE 2 Provisions applicable to Oral Hearings conducted pursuant to SECTIONS 181 and 182.

Sections 181 and 182.

PART 1 Oral Hearing conducted by inspector pursuant to SECTION 181(15)

PART 2 Oral Hearing conducted by Complaints Committee pursuant to SECTION 182(6)

• (a) the personal insolvency practitioner to whom the investigation concerned relates or, if the investigation arose in consequence of the receipt of a complaint, the complainant, makes a request in writing to the Insolvency Service that the hearing (or a part thereof) be held in public and states in the request the reasons for the request, and

• (b) the Insolvency Service, after considering the request (in particular, the reasons for the request), is satisfied that it would be appropriate to comply with the request.

SCHEDULE 3 Complaints Panel and Complaints Committees

Section 177.