LegalizePersonal Insolvency Act 2012
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16 amending acts · 2026-03-16, revised-IE-2012-act-44@2026-03-16
Act to amend the law relating to insolvency, to amend the Bankruptcy Act 1988, to provide for the establishment and functions of a body to be known as Seirbhís Dócmhainneachta na hÉireann or, in the English language, the Insolvency Service of Ireland, and, in particular, in the interests of the common good (including the stability of the financial system in the State) and having regard to the following objectives—(a) the need to ameliorate the difficulties experienced by debtors in discharging their indebtedness due to insolvency and thereby lessen the adverse consequences for economic activity in the State, (b) the need to enable creditors to recover debts due to them by insolvent debtors to the extent that the means of those debtors reasonably permits, in an orderly and rational manner, and (c) the need to enable insolvent debtors to resolve their indebtedness (including by determining that debts stand discharged in certain circumstances) in an orderly and rational manner without recourse to bankruptcy, and to thereby facilitate the active participation of such persons in economic activity in the State, to provide for additional mechanisms and arrangements relating to insolvency to facilitate the achievement of those objectives, to provide for the appointment, functions, powers and jurisdiction of new judges of the circuit court to be styled specialist judges of the circuit court and, for that purpose, to amend the Courts (Establishment and Constitution) Act 1961 and the Courts (Supplemental Provisions) Act 1961 and certain other enactments, to provide for the regulation, supervision and discipline of personal insolvency practitioners, and to provide for connected matters
At least two of the persons appointed to the panel referred to in paragraph 1 of this Schedule shall be a solicitor or a barrister.
Subject to paragraph 6 of this Schedule, a person shall remain on the panel established under this section for such period as may be specified on appointment unless he or she sooner dies or requests the Minister that his or her appointment be revoked, but unless he or she has died shall be eligible to be appointed to the panel for a further period or periods.
A vacancy in the membership of the panel may be filled by the Minister in the same manner as is specified in paragraphs 1 and 2 as respects the appointment of persons to be members of the panel.
A person who has been appointed to be a member of a Complaints Committee as respects a particular investigation shall continue as a member of the panel and of that Complaints Committee until the conclusion of the deliberations of that Complaints Committee as respects the matter concerned notwithstanding that the period for which the panel was appointed has expired.
A member of the panel appointed to a Complaints Committee shall be paid such remuneration and allowances for expenses as the Minister may determine with the consent of the Minister for Public Expenditure and Reform.
A Complaints Committee shall be composed of no less than three persons at least one of whom shall be a barrister or solicitor.
The Minister, with the consent of the Minister for Finance, may at any time remove a member from the panel for stated misbehaviour.
A Complaints Committee shall be independent in the discharge of its functions.
The Minister shall make available to a Complaints Committee such services, including staff, as may be reasonably required by that Committee.
Footnotes
OJ No. L 119, 4.5.2016, p.1
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