Courts and Civil Law (Miscellaneous Provisions) Act 2013

An Act to amend the Civil Liability and Courts Act 2004, the Child Care Act 1991 and the Adoption Act 2010 to allow bona fide representatives of the Press to attend court during proceedings heard otherwise than in public except in certain circumstances; and to provide for the prohibition or restriction of the publication and broadcasting of matters by such representatives in certain circumstances; to amend various enactments for the purpose of increasing the monetary limit of the jurisdiction of the Circuit Court in personal injuries actions and other civil matters; to amend various enactments for the purpose of increasing the monetary limit of the jurisdiction of the District Court in civil matters; to repeal certain provisions of the Courts and Court Officers Act 2002; to amend the Courts (Establishment and Constitution) Act 1961 to increase the number of ordinary judges of the Supreme Court to nine; to amend the Juries Act 1976 to provide for the selection of additional jurors in lengthy criminal trials; to amend the Coroners Act 1962 and the Civil Legal Aid Act 1995 to provide for the provision of legal aid or advice, or both, in respect of coroners’ inquests to families of deceased persons in certain circumstances; to amend the Bankruptcy Act 1988; to amend the Personal Insolvency Act 2012; and to provide for related matters. [24th July, 2013

Be it enacted by the Oireachtas as follows:

PART 1 Preliminary and General

1. Short title, commencement and collective citations

1. (1) This Act may be cited as the Courts and Civil Law (Miscellaneous Provisions) Act 2013.

• (2) Sections 2 to 12 shall come into operation on such day or days as the Minister for Justice and Equality may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions, and those sections or any provision of them shall apply in relation to proceedings in any court whether instituted before or after the day so appointed in respect of the section or provision concerned.

• (3) Part 3 shall come into operation on such day or days as the Minister for Justice and Equality may appoint by order or orders either generally or with reference to any particular provision and different days may be so appointed for different provisions, but that Part or any provision of it shall not apply in relation to proceedings in any court instituted before the day so appointed in respect of the Part concerned or the provision concerned.

• (4) Part 7 shall come into operation on such day or days as the Minister for Justice and Equality may appoint by order or orders either generally or with reference to any particular provision and different days may be so appointed for different provisions.

• (5) Part 8 shall come into operation on such day or days as the Minister for Justice and Equality may appoint by order or orders either generally or with reference to any particular provision and different days may be so appointed for different provisions.

• (6) The Courts (Supplemental Provisions) Acts 1961 to 2012 and section 17 may be cited together as the Courts (Supplemental Provisions) Acts 1961 to 2013.

• (7) The Coroners Acts 1962 and 2005 and section 24 may be cited together as the Coroners Acts 1962 to 2013.

2. Repeals

2. (1) Sections 13 to 18 of the Courts and Court Officers Act 2002 are repealed.

• (2) Subsection (2) of section 40 of the Civil Liability and Courts Act 2004 is repealed.

• (3) Subsection (5) of section 31 of the Child Care Act 1991 is repealed.

PART 2 Amendment of Rules Relating to Certain Proceedings Heard Otherwise than in Public

3. Interpretation (Part 2)

3. In this Part—

“Act of 1991” means the Child Care Act 1991;

“Act of 2004” means the Civil Liability and Courts Act 2004;

“Act of 2010” means the Adoption Act 2010.

4. Amendment of section 39 of Civil Liability and Courts Act 2004

4. Section 39 of the Act of 2004 is amended—

• (a) in the definition of “Act of 1996”, by substituting “Family Law (Divorce) Act 1996;” for “Family Law (Divorce) Act 1996.”, and

• (b) by inserting the following definitions:

“ ‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

‘broadcast’ has the same meaning as it has in section 2 of the Broadcasting Act 2009;

‘publish’ means publish, other than by way of broadcast, to the public or a portion of the public;

‘relevant enactment’ means any of the following provisions:

• (a) section 2(1B) (inserted by section 20 of the Courts Act 1971) of the Legitimacy Act 1931;

• (b) section 45 of the Courts (Supplemental Provisions) Act 1961 (in so far as it relates to matrimonial causes or matters, or minor matters);

• (c) section 25 of the Family Law (Maintenance of Spouses and Children) Act 1976;

• (d) section 10 of the Act of 1976;

• (e) section 36 of the Status of Children Act 1987;

• (f) section 34 of the Act of 1989;

• (g) section 7 of the Maintenance Act 1994;

• (h) section 33 or 38 of the Act of 1995;

• (i) section 38 of the Act of 1996;

• (j) section 16 of the Domestic Violence Act 1996;

• (k) section 18, 30, 31, 49, 54 or 92 of the Adoption Act 2010;

• (l) section 145 or 199 of the Act of 2010.”.

5. Amendment of section 40 of Civil Liability and Courts Act 2004

5. Section 40 of the Act of 2004 is amended by inserting the following subsection after subsection (3):

• (3A)
• (a) Subject to paragraph (b), nothing contained in a relevant enactment shall operate to prohibit bona fide representatives of the Press from attending proceedings to which the relevant enactment relates.

• (b) Subject to paragraphs (c) and (d), where, in proceedings under a relevant enactment, a court is satisfied that it is necessary to do so—

• (i) in order to preserve the anonymity of a party to the proceedings or any child to whom the proceedings relate,

• (ii) by reason of the nature or circumstances of the case, or

• (iii) as it is otherwise necessary in the interests of justice,

the court may, on its own motion, or on application to it by a party to the proceedings or by a person on behalf of a child to whom the proceedings relate, by order—

• (I) exclude, or otherwise restrict the attendance of, bona fide representatives of the Press from the court during the hearing or particular parts of it, or

• (II) prohibit or restrict the publication or broadcasting of any evidence given or referred to during the proceedings or any part of such evidence,

and any such order may, with regard to any restriction, contain such conditions as the court considers appropriate.

• (c) In determining whether or not to make an order under paragraph (b), a court shall have regard to the desirability of promoting public confidence in the administration of justice and to any other matter that appears to it to be relevant and shall, in particular, have regard to the following:

• (i) the best interests of a child to whom the proceedings relate;

• (ii) the views, if any, of—

• (I) a party to the proceedings, and

• (II) a child to whom the proceedings relate who is, in the opinion of the court, capable of forming his or her own views;

• (iii) whether information given or likely to be given in evidence is sensitive personal information;

• (iv) the extent to which the attendance of bona fide representatives of the Press might inhibit or cause undue distress to a party to the proceedings or a child to whom the proceedings relate by reason of the emotional condition or any medical condition, physical impairment or intellectual disability of the party or the child concerned;

• (v) the need to protect a party to the proceedings or a child to whom the proceedings relate against coercion, intimidation or harassment;

• (vi) whether information given or likely to be given in evidence might be prejudicial to a criminal investigation or criminal proceedings;

• (vii) whether information given or likely to be given in evidence is commercially sensitive information; and

• (viii) whether information of the type referred to in subparagraphs (iii), (vi) and (vii) when taken together with other information would, if published or broadcast, be likely to lead members of the public to identify a party to the proceedings or a child to whom the proceedings relate.

• (d) In considering the views of a child referred to in clause (II) of paragraph (c)(ii), a court shall take account of the age and level of maturity of the child concerned.

• (e) Where evidence in proceedings to which a relevant enactment relates concerns a matter referred to in subparagraph (vi) of paragraph (c), an application under paragraph (b) may be made by or on behalf of the Director of Public Prosecutions.

• (f) In this subsection—

‘commercially sensitive information’ means—

• (i) financial, commercial, scientific, technical or other information the disclosure of which could reasonably be expected to result in a material financial loss or gain to the person to whom it relates, or could prejudice the competitive position of that person in the conduct of his or her business or otherwise in his or her occupation, or

• (ii) information the disclosure of which could prejudice the conduct or outcome of contractual or other negotiations of the person to whom it relates;

‘party to the proceedings’ includes a witness in the proceedings;

‘sensitive personal information’ means information about a person that would, in the ordinary course of events, be known only to the person or members of the family, or friends, of the person, and includes but is not limited to—

• (i) information relating to the medical, psychiatric or psychological history of the person,

• (ii) information relating to the tax affairs of the person,

• (iii) information relating to the sexual conduct or sexual orientation of the person.”.

6. Amendment of Part 3 of Civil Liability and Courts Act 2004

6. The Act of 2004 is amended in Chapter 2 of Part 3 by inserting the following section after section 40:

“Prohibition on publication or broadcast of certain matters

40A. (1) No person shall publish or broadcast or cause to be published or broadcast any information about a matter which would be likely to lead members of the public to identify the parties to proceedings to which a relevant enactment relates or any child to whom those proceedings relate.

• (2) If any matter is published or broadcast in contravention of subsection (1), each of the following persons, namely—

  • (a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

  • (b) in the case of any other publication, the person who publishes it, and

  • (c) in the case of a broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

  shall be guilty of an offence and shall be liable—

  - (i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or both, or
  
  - (ii) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years or both.
  

• (3)

  • (a) Where an offence under this section is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

  • (b) Where the affairs of a body corporate are managed by its members, paragraph (a) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

• (4) Nothing in this section shall affect the law as to contempt of court.”.

7. Amendment of section 2 of Child Care Act 1991

7. Section 2 of the Act of 1991 is amended by inserting the following definitions:

“ ‘broadcast’ has the same meaning as it has in section 2 of the Broadcasting Act 2009;

‘publish’ means publish, other than by way of broadcast, to the public or a portion of the public.”.

8. Amendment of section 29 of Child Care Act 1991

8. Section 29 of the Act of 1991 is amended by inserting the following subsection after subsection (5):

• “(5A)

  • (a) Subject to paragraph (b), nothing contained in this section shall operate to prohibit bona fide representatives of the Press from attending proceedings referred to in subsection (1).

  • (b) Subject to paragraphs (c) and (d), where, in proceedings referred to in subsection (1), a court is satisfied that it is necessary to do so—

    • (i) in order to preserve the anonymity of a party to the proceedings or any child to whom the proceedings relate,

    • (ii) by reason of the nature or circumstances of the case, or

    • (iii) as it is otherwise necessary in the interests of justice,

    the court may, on its own motion, or on application to it by a party to the proceedings or by a person on behalf of a child to whom the proceedings relate, by order—

    - (I) exclude, or otherwise restrict the attendance of, bona fide representatives of the Press from the court during the hearing or particular parts of it, or
    
    - (II) prohibit or restrict the publication or broadcasting of any evidence given or referred to during the proceedings or any part of such evidence,
    
      and any such order may, with regard to any restriction, contain such conditions as the court considers appropriate.
    

  • (c) In determining whether or not to make an order under paragraph (b), a court shall have regard to the desirability of promoting public confidence in the administration of justice and to any other matter that appears to it to be relevant and shall, in particular, have regard to the following:

    • (i) the best interests of a child to whom the proceedings relate;

    • (ii) the views, if any, of—

      • (I) a party to the proceedings, and

      • (II) a child to whom the proceedings relate who is, in the opinion of the court, capable of forming his or her own views;

    • (iii) whether information given or likely to be given in evidence is sensitive personal information;

    • (iv) the extent to which the attendance of bona fide representatives of the Press might inhibit or cause undue distress to a party to the proceedings or a child to whom the proceedings relate by reason of the emotional condition or any medical condition, physical impairment or intellectual disability of the party or the child concerned;

    • (v) the need to protect a party to the proceedings or a child to whom the proceedings relate against coercion, intimidation or harassment;

    • (vi) whether information given or likely to be given in evidence might be prejudicial to a criminal investigation or criminal proceedings; and

    • (vii) whether information of the type referred to in subparagraphs (iii) and (vi) when taken together with other information would, if published or broadcast, be likely to lead members of the public to identify a party to the proceedings or a child to whom the proceedings relate.

  • (d) In considering the views of a child referred to in clause (II) of paragraph (c)(ii), a court shall take account of the age and level of maturity of the child concerned.

  • (e) Where evidence in proceedings referred to in subsection (1) concerns a matter referred to in subparagraph (vi) of paragraph (c), an application under paragraph (b) may be made by or on behalf of the Director of Public Prosecutions.

  • (f) In this subsection—

  ‘party to the proceedings’ includes a witness in the proceedings;

  ‘sensitive personal information’ means information about a person that would, in the ordinary course of events, be known only to the person or members of the family, or friends, of the person, and includes but is not limited to—

  - (i) information relating to the medical, psychiatric or psychological history of the person,
  
  - (ii) information relating to the tax affairs of the person,
  
  - (iii) information relating to the sexual conduct or sexual orientation of the person.”.
  

9. Amendment of section 31 of Child Care Act 1991

9. Section 31 of the Act of 1991 is amended—

• (a) in subsection (1), by substituting “shall be published or broadcast” for “shall be published in a written publication available to the public or be broadcast”,

• (b) in subsection (3)—

• (i) in paragraph (c), by substituting “any person” for “any body corporate”, and

• (ii) by substituting the following for “shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or both”:

shall be guilty of an offence and shall be liable—

• (i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or both, or

• (ii) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years or both”,

and

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

• “(3A)

  • (a) Where an offence under this section is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

  • (b) Where the affairs of a body corporate are managed by its members, paragraph (a) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.”.

10. Amendment of section 18 of Adoption Act 2010

10. Section 18 of the Act of 2010 is amended by inserting the following subsection after subsection (7):

• “(8) An application for approval under this section shall be heard in private.”.

11. Amendment of section 30 of Adoption Act 2010

11. Section 30 of the Act of 2010 is amended by inserting the following subsection after subsection (7):

• “(8) An application for approval under this section shall be heard in private.”.

12. Amendment of section 31 of Adoption Act 2010

12. Section 31 of the Act of 2010 is amended by inserting the following subsection after subsection (4):

• “(5) Proceedings under this section shall be heard in private.”.

PART 3 Jurisdiction of District Court and Circuit Court

13. Interpretation (Part 3)

13. In this Part—

“Act of 1991” means the Courts Act 1991;

“Act of 2009” means the Defamation Act 2009;

“enactment” means a statute or an instrument made under a power conferred by statute.

14. Extension of monetary limit of jurisdiction of Circuit Court

14. Each provision specified in column (3) of Part 1 of the Schedule of the enactments specified in the said Part 1 conferring jurisdiction in a civil matter on the Circuit Court is amended—

• (a) by substituting “€75,000” for “£30,000” in each place where it occurs,

• (b) by substituting “€75,000” for “€38,092.14” in each place where it occurs, and

• (c) by substituting “€75,000” for “€38,092” in each place where it occurs,

being the monetary limit for the time being standing specified of the jurisdiction so conferred.

15. Extension of monetary limit of jurisdiction of District Court

15. Each provision specified in column (3) of Part 2 of the Schedule of the enactments specified in the said Part 2 conferring jurisdiction in a civil matter on the District Court is amended—

• (a) by substituting “€15,000” for “£5,000” in each place where it occurs,

• (b) by substituting “€15,000” for “€6,348.69” in each place where it occurs, and

• (c) by substituting “€15,000” for “€6,350” in each place where it occurs,

being the monetary limit for the time being standing specified of the jurisdiction so conferred.

16. Amendment of Courts of Justice Act 1936

16. The Courts of Justice Act 1936 is amended—

• (a) in Part III, by inserting the following section before section 14:

“Interpretation (Part III)

12A. In this Part ‘personal injuries action’ has the same meaning as it has in section 2 of the Civil Liability and Courts Act 2004.”,

• (b) by substituting the following for section 20:

“Jurisdiction of Circuit Court in certain remitted actions

1. (1) Subject to subsection (2), where an action claiming unliquidated damages is remitted or transferred by the High Court to the Circuit Court, the Circuit Court shall have jurisdiction to award damages in excess of €75,000.

2. (2) Where an action referred to in subsection (1) is a personal injuries action, the reference in that subsection to ‘€75,000’ shall be read as ‘€60,000’.”,

and

• (c) in section 23—

• (i) in subsection (1)—

• (I) by substituting “Subject to subsection (4), no cause of action” for “No cause of action”, and

• (II) by substituting “€75,000” for “£30,000”,

• (ii) in subsection (2)—

• (I) by substituting “Subject to subsection (4), a person having a cause of action” for “A person having a cause of action”, and

• (II) by substituting “€75,000” for “£30,000” in each place where it occurs,

and

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

• “(4) Where an action referred to in subsection (1) or (2) is a personal injuries action, the reference in those subsections to ‘€75,000’ shall be read as ‘€60,000’.”.

17. Amendment of Courts (Supplemental Provisions) Act 1961

17. The Courts (Supplemental Provisions) Act 1961 is amended—

• (a) in section 33—

• (i) in subsection (3), by substituting “€15,000” for “£5,000”,

• (ii) in subsection (4)(a)—

• (I) by substituting “Consumer Credit Act 1995 or to which section 17(2) of that Act refers” for “Hire-Purchase Acts, 1946 and 1960”, and

• (II) by substituting “€15,000” for “£5,000” (inserted by section 6(2) of the Act of 1991),

• (b) in the Third Schedule—

• (i) at reference numbers 1, 2, 7, 11, 12, 13 and 29, in column (3), by substituting “€75,000” for “£30,000” (inserted by section 2(1)(a) of the Act of 1991),

• (ii) at reference number 3—

• (I) in column (2), by substituting “Consumer Credit Act 1995 or to which section 17(2) of that Act refers” for “Hire-Purchase Acts, 1946 and 1960”, and

• (II) in column (3)—

• (A) by substituting “the said Act” for “the said Acts”, and

• (B) by substituting “€75,000” for “£30,000” (inserted by section 2(1)(a) of the Act of 1991),

• (iii) at reference numbers 4 and 5—

• (I) in column (2), by substituting “Consumer Credit Act 1995 or to which section 17(2) of that Act refers” for “Hire-Purchase Acts, 1946 and 1960”, and

• (II) in column (3), by substituting “€75,000” for “£30,000” (inserted by section 2(1)(a) of the Act of 1991),

• (iv) at reference number 6—

• (I) in column (2), by deleting “a defamation action within the meaning of the Defamation Act 2009,” (inserted by section 41(a) of the Act of 2009), and

• (II) in column (3), by substituting the following for “Where the amount of the claim exceeds £30,000.” (as amended by section 2(1)(a) of the Act of 1991):

“Where—

• (a) in a personal injuries action, within the meaning of the Civil Liability and Courts Act 2004, the amount of the claim exceeds €60,000, or

• (b) in an action that is not an action referred to in paragraph (a), the amount of the claim exceeds €75,000.”,

• (v) by deleting reference number 7A (inserted by section 41(b) of the Act of 2009), and

• (vi) at reference number 14, by substituting “€75,000” for “£15,000” (inserted by section 2(1)(b) of the Act of 1991),

and

• (c) in the Fifth Schedule, in column (3) opposite the mention in column (2) of the Attorneys’ and Solicitors’ Act 1870, by substituting “€75,000” for “£30,000” (inserted by section 2(2) of the Act of 1991).

18. Amendment of section 10 of Hotel Proprietors Act 1963

18. Section 10 of the Hotel Proprietors Act 1963 is amended—

• (a) in subsection (1)—

• (i) by substituting “Subject to subsection (3), the Circuit Court shall” for “The Circuit Court shall”, and

• (ii) by substituting “€75,000” for “£30,000”,

• (b) in subsection (2), by substituting “€15,000” for “£5,000”, and

• (c) by inserting the following subsection after subsection (2):

• “(3)

  • (a) Where an action referred to in subsection (1) is a personal injuries action, the reference in that section to ‘€75,000’ shall be read as ‘€60,000’.

  • (b) In this subsection ‘personal injuries action’ has the same meaning as it has in section 2 of the Civil Liability and Courts Act 2004.”.

19. Amendment of section 17 of Courts Act 1981

19. Section 17 (inserted by section 14 of the Act of 1991) of the Courts Act 1981 is amended—

• (a) in subsection (2)—

• (i) by substituting “Subject to subsection (3A), in any action” for “In any action”,

• (ii) by substituting “€64,000” for “£25,000”, and

• (iii) by substituting “€75,000” for “£30,000”,

• (b) in subsection (3)—

• (i) by substituting “Subject to subsection (3A), in any action” for “In any action”,

• (ii) by substituting “€15,000” for “£5,000”, and

• (iii) by substituting “€38,000” for “£15,000”,

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

• “(3A) Where an action referred to in subsection (2) or (3) is a personal injuries action—

  • (a) the reference in subsection (2) to ‘€64,000’ shall be read as ‘€51,000’ and the reference to ‘€75,000’ shall be read as ‘€60,000’, and

  • (b) the reference in subsection (3) to ‘€38,000’ shall be read as ‘€30,000’.”,

and

• (d) by substituting the following for subsection (6):

• “(6) In this section—

‘personal injuries action’ has the same meaning as it has in section 2 of the Civil Liability and Courts Act 2004;

‘relief’ includes damages.”.

20. Amendment of section 15(2) of Courts Act 1991

20. Section 15(2) of the Act of 1991 is amended—

• (a) by substituting “€15,000” for “£5,000”, and

• (b) by substituting “€30,000” for “£10,000”.

21. Amendment of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

21. The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 is amended—

• (a) in section 51(3), by substituting “€15,000” for “€6,350”, and

• (b) in section 140—

• (i) in subsection (7), by substituting “€15,000” for “€6,350”, and

• (ii) in subsection (10)(b), by substituting “€15,000” for “€6,350”.

PART 4 Amendment of Courts (Establishment and Constitution) Act 1961

22. Amendment of section 1 of Courts (Establishment and Constitution) Act 1961

22. Section 1(2) (inserted by section 6(1) of the Courts and Court Officers Act 1995) of the Courts (Establishment and Constitution) Act 1961 is amended by substituting the following paragraph for paragraph (b):

• “(b) not more than nine ordinary judges (each of whom shall be styled ‘Breitheamh den Chúirt Uachtarach’ (‘Judge of the Supreme Court’)).”.

PART 5 Juries in Lengthy Trials

23. Amendment of Juries Act 1976

23. The Juries Act 1976 is amended—

• (a) by inserting the following section after section 15:

“Additional jurors

15A. (1) Subject to subsection (2), at any time before the selection of a jury in a trial of a criminal issue begins pursuant to section 15, a judge of the Circuit Court or the Central Criminal Court, as the case may be, may, on his or her own motion or on the application of the prosecution or the accused person, order that a specified number of persons not exceeding 15 in number be selected to serve as jurors and sworn in the trial concerned.

• (2) A judge shall not make an order referred to in subsection (1) unless the judge is satisfied that—

  • (a) the duration of a trial is likely to exceed 2 months, and

  • (b) the selection of additional jurors for the trial is an appropriate means of ensuring that there will be a sufficient number of jurors for the jury to remain properly constituted for the purposes of giving a verdict in that trial.

• (3) An application referred to in subsection (1) shall be made—

  • (a) not later than 10 working days before the selection of a jury in the trial of a criminal issue begins pursuant to section 15, and

  • (b) on notice—

    • (i) where the application is made by the prosecution, to each accused person in the trial, or

    • (ii) where the application is made by an accused person in that trial, to the prosecution and any other accused person in the trial concerned.

• (4) Where an order is made pursuant to subsection (1), the number of persons specified in the order shall be selected to serve as jurors pursuant to section 15 and sworn in the trial concerned.

• (5) Where—

  • (a) jurors have been sworn in the trial of a criminal issue following the making of an order under subsection (1), and

  • (b) immediately before the jury in the trial retires to consider its verdict the jury comprises more than 12 jurors,

  the judge shall direct that from the jurors then constituting the jury 12 jurors be selected to retire and consider the verdict in the trial.

• (6) The selection of jurors to retire and consider the verdict in a trial pursuant to a direction under subsection (5) shall be made by balloting in open court.

• (7) Where a ballot is held pursuant to subsection (6)—

  • (a) a juror who is selected shall retire to consider the verdict in the trial concerned, and

  • (b) a juror who is not selected shall be discharged by the judge.

• (8) A jury which has been selected pursuant to subsection (6) to retire and consider the verdict in a trial shall continue to constitute the jury for the purposes of the trial and that trial shall proceed and a verdict may be found accordingly.”,

and

• (b) in section 20—

• (i) in subsection (2), by substituting “Subject to subsection (2A), in every trial of a criminal issue” for “In every trial of a criminal issue”, and

• (ii) by inserting the following subsection after subsection (2):

• “(2A) In every trial of a criminal issue which is tried with a jury in which jurors have been selected following the making of an order under section 15A, the prosecution and each accused person may challenge without cause shown eight jurors and no more.”.

PART 6 Legal Aid and Legal Advice in Relation to Coroners’ Inquests

24. Amendment of Coroners Act 1962

24. The Coroners Act 1962 is amended—

• (a) in section 29—

• (i) by substituting the following subsection for subsection (3):

• “(3) A coroner shall furnish a copy of any document preserved by him or her under this section to every person who applies for a copy of such document and, except where the application is made on behalf of—

  • (a) a Minister of the Government,

  • (b) the Attorney General,

  • (c) the Garda Síochána,

  • (d) the Defence Forces,

  • (e) the Garda Síochána Ombudsman Commission, or

  • (f) an applicant within the meaning of section 60,

  shall charge for the copy such fee as may be prescribed.”,

and

• (ii) by substituting the following subsection for subsection (4):

• “(4) A county registrar shall furnish a copy of any document preserved by him or her under this section to every person who applies for a copy of such document and, except where the application is made on behalf of—

  • (a) a Minister of the Government,

  • (b) the Attorney General,

  • (c) the Garda Síochána,

  • (d) the Defence Forces,

  • (e) the Garda Síochána Ombudsman Commission, or

  • (f) an applicant within the meaning of section 60,

  shall charge for the copy such fee as may be prescribed.”,

and

• (b) by inserting the following section after section 59:

“Legal aid and legal advice for inquests

1. (1) Where an inquest in relation to the death of a person is to be held under Part III of this Act, a family member of the deceased (in this section referred to as ‘the applicant’) may apply to the coroner for a request to be submitted by that coroner to the Legal Aid Board in relation to the granting of legal aid or legal advice, or both, to the applicant pursuant to the Civil Legal Aid Act 1995.

2. (2) An application referred to in subsection (1) shall be made before the commencement of the inquest, unless the coroner otherwise permits.

3. (3) A coroner shall determine an application referred to in subsection (1) and shall notify the applicant of his or her determination within 10 working days of the receipt of the application.

4. (4) Subject to subsections (5) and (6), where a coroner receives an application referred to in subsection (1) in respect of an inquest, he or she shall request the Legal Aid Board to grant legal aid or legal advice, or both, to the applicant in respect of the inquest concerned.

5. (5) A coroner shall not make a request referred to in subsection (4) unless—

   • (a) the deceased was, at the time of his or her death or immediately before his or her death, in the custody of the Garda Síochána,

   • (b) the deceased was, at the time of his or her death or immediately before his or her death, in custody in a prison within the meaning of section 2 of the Prisons Act 2007,

   • (c) the deceased was, at the time of his or her death or immediately before his or her death, in service custody within the meaning of section 2 of the Defence Act 1954,

   • (d) the deceased was, at the time of his or her death or immediately before his or her death, involuntarily detained under Part 2 of the Mental Health Act 2001 in an approved centre within the meaning of section 2 of that Act,

   • (e) the deceased was, at the time of his or her death or immediately before his or her death, detained in a designated centre within the meaning of section 3 of the Criminal Law (Insanity) Act 2006 or was a person to whom section 20 of that Act refers,

   • (f) the deceased was, at the time of his or her death or immediately before his or her death, in custody in a remand centre within the meaning of section 3 of the Children Act 2001 or detained in a children detention school within the meaning of that section,

   • (g) the deceased was, at the time of his or her death or immediately before his or her death, a child in care, or

   • (h) the coroner is of the opinion that the death of the deceased occurred in circumstances the continuance or possible recurrence of which would be prejudicial to the health or safety of the public or any section of the public such that there is a significant public interest in the family member of the deceased person being granted legal aid or legal advice, or both, for the purposes of the inquest concerned.

6. (6) Where legal aid or legal advice, or both, are granted by the Legal Aid Board to an applicant in respect of an inquest further to a request by a coroner under subsection (4), no further applications under subsection (1) may be made by a family member in respect of the inquest concerned.

7. (7) In this section—

‘child in care’ means a child who was in the care of the Health Service Executive pursuant to section 4 or Part III, IV or IVA of the Child Care Act 1991;

‘family member’, in relation to a deceased person, means—

- (a) a parent, grandparent, child, brother, sister, nephew, niece, uncle or aunt, whether of the whole blood, of the half blood or by affinity, of the person,

- (b) a spouse, a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or a cohabiting partner of the person,

- (c) any other person who is ordinarily a member of the person’s household, or

- (d) any child who has been placed in foster care with the person or any person referred to in paragraphs (a) to (c),

  and includes a reference to any such member of his or her family who is adopted;

  ‘legal advice’ has the same meaning as it has in the Civil Legal Aid Act 1995;

  ‘legal aid’ has the same meaning as it has in the Civil Legal Aid Act 1995.”.

25. Amendment of Civil Legal Aid Act 1995

25. The Civil Legal Aid Act 1995 is amended—

• (a) in section 1—

• (i) by substituting the following definition for the definition of “applicant”:

“ ‘applicant’ means, subject to subsection (1A), a person who makes an application for legal aid or advice, or both;”,

and

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

• “(1A) A person in respect of whom a request for legal aid or advice, or both, has been made by a coroner to the Board pursuant to section 60 of the Coroners Act 1962 shall be deemed to be an applicant for the purposes of this Act.”,

• (b) by inserting the following section after section 24:

“Restriction on right to apply for legal aid and advice

24A. A person shall not be granted legal aid or advice in relation to an inquest under Part III of the Coroners Act 1962 unless a request for legal aid or advice, or both, has been made by a coroner to the Board pursuant to section 60 of that Act in respect of the person.”,

• (c) in section 26(3), by substituting the following for paragraph (b):

• “(b) a person shall qualify for legal advice, in respect of a matter referred to in section 28(9)(a), in the cases mentioned in subparagraphs (i) to (v) and (vii) of section 28(9)(c).”,

• (d) in section 27—

• (i) by substituting the following for subsection (1):

• “(1) In this Act ‘legal aid’ means representation by a solicitor of the Board, or a solicitor or barrister engaged by the Board under section 11, in any civil proceedings to which this section applies or at an inquest under Part III of the Coroners Act 1962, and includes all such assistance as is usually given by a solicitor or barrister, as the case may be, in contemplation of, ancillary to or in connection with, such proceedings or inquest, and whether for the purposes of arriving at or giving effect to any settlement in proceedings or otherwise.”,

and

• (ii) in subsection (2), by substituting “This section applies to an inquest under Part III of the Coroners Act 1962 where a request for legal aid has been made to the Board by a coroner pursuant to section 60 of that Act and to all civil proceedings other than proceedings relating to” for “This section applies to all civil proceedings other than those relating to”,

and

• (e) in section 28—

• (i) in subsection (2), by substituting “under this section to a person, other than a person referred to in subsection (2A), if, in the opinion of the Board” for “under this section to a person if, in the opinion of the Board”,

• (ii) by inserting the following subsection after subsection (2):

• “(2A) Subject to sections 24 and 29 and the other provisions of this section and to regulations (if any) made under section 37, the Board shall grant a legal aid certificate under this section to a person in respect of whom a request for legal aid or advice, or both, has been made by a coroner to the Board pursuant to section 60 of the Coroners Act 1962 if, in the opinion of the Board, the person satisfies the criteria in respect of financial eligibility specified in section 29.”,

and

• (iii) in subsection (9)(c), by substituting the following paragraphs for paragraph (vi):

• “(vi) in respect of a conveyancing matter connected to a matter in which legal aid or advice has already been granted;

• (vii) in respect of an inquest under Part III of the Coroners Act 1962 where a request for legal aid has been made to the Board by a coroner pursuant to section 60 of that Act.”.

PART 7 Bankruptcy

26. Interpretation (Part 7)

26. In this Part “Act of 1988” means the Bankruptcy Act 1988.

27. Amendment of section 3 of Act of 1988

27. Section 3 of the Act of 1988 is amended—

• (a) by the substitution of the following definition for the definition of “the Bankruptcy Inspector”:

“ ‘Bankruptcy Inspector’ means a person standing appointed for the time being—

• (i) to the position of Bankruptcy Inspector in the Office of the Official Assignee in Bankruptcy on the day before the coming into operation of section 29 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013, or

• (ii) to the position of Bankruptcy Inspector pursuant to section 12 of the Personal Insolvency Act 2012;”,

• (b) by the insertion of the following definition:

“ ‘Director’ means the Director of the Insolvency Service;”,

and

• (c) by the substitution of the following definition for the definition of “the Official Assignee”:

“ ‘Official Assignee’ means a person standing appointed for the time being—

• (i) to the position of Official Assignee in Bankruptcy in the Office of the Official Assignee in Bankruptcy on the day before the coming into operation of section 29 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013, or

• (ii) to the position of Official Assignee pursuant to section 12 of the Personal Insolvency Act 2012;”.

28. Amendment of section 8 of Act of 1988

28. Section 8 of the Act of 1988 is amended—

• (a) in subsection (1) (substituted by section 144 of the Personal Insolvency Act 2012), by the substitution in paragraph (c) of “notice in the prescribed form to the debtor” for “notice to the debtor”, and

• (b) in subsection (3), by the substitution of “within 14 days” for “within four days”.

29. Amendment of section 60 of Act of 1988

29. The Act of 1988 is amended by the substitution of the following for section 60:

“The Official Assignee

1. (1) The Official Assignee shall have such functions as are assigned to him by or under this Act or any other enactment, and subject to this section, sections 60A to 60C and the Personal Insolvency Act 2012, such powers and functions as were heretofore exercisable by the Official Assignee in Bankruptcy continue to be exercisable by the Official Assignee.

2. (2) The Official Assignee shall be a member of the staff of the Insolvency Service.

3. (3) Subject to subsections (4) to (6), the Official Assignee shall be independent in the performance of his functions under this Act and any other enactment.

4. (4) The Official Assignee shall, in relation to matters of general administration, be subject to the general direction of the Director.

5. (5) The Official Assignee, when performing any function relating to the business of a court, or acting under or pursuant to an order of a court, shall observe and obey such directions as are given to him by the court.

6. (6) The Official Assignee shall be an officer of the court for the purposes of the performance of his functions under this Act or any other enactment.

7. (7) Subject to sections 60B and 60C, subsections (3) to (6) shall apply to a member of the staff of the Insolvency Service—

   • (a) to whom functions of the Official Assignee have been delegated under section 60B, as respects those functions, or

   • (b) who is designated under section 60C, as respects those functions,

   for so long as the delegation or designation remains in force and is exercisable by the member of staff concerned.

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

9. (9) In this section and sections 60A to 60C a reference to an 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).

     Office of Official Assignee — Transfer of staff

     60A. (1) This section applies to—

   • (a) the person who immediately before the coming into operation of this section held the office of Official Assignee in Bankruptcy (otherwise referred to as the Official Assignee), and

   • (b) every person who immediately before the coming into operation of this section was a member of the staff of the Courts Service assigned to the Office of the Official Assignee in Bankruptcy.

10. (2) On the coming into operation of this section every member of the staff of the Courts Service to whom this section applies shall be seconded to the Insolvency Service for a period of 2 years.

11. (3) On the expiry of the period of secondment referred to in subsection (2) each person seconded under that subsection shall—

    • (a) transfer definitively to the staff of the Insolvency Service, or

    • (b) subject to subsection (4), exercise a right to return to a suitable vacancy on the staff of the Courts Service.

12. (4) If a person seconded under subsection (2) exercises a right under subsection (3)(b) to return to the staff of the Courts Service but no suitable vacancy on the staff of the Courts Service exists, the person concerned shall be transferred to a suitable vacancy in a public service body.

13. (5) A person who—

    • (a) is seconded under subsection (2),

    • (b) is transferred under subsection (3)(a) or subsection (4), or

    • (c) returns to the Courts Service under subsection (3)(b),

    shall not, except in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, receive a lesser scale of pay or less favourable superannuation benefits than the scale of pay and superannuation benefits to which he was entitled immediately before the secondment, transfer or return concerned.

14. (6) A person seconded under subsection (2) shall be deemed to be a member of the staff of the Insolvency Service during the period of the secondment.

15. (7) Subject to subsection (3)(a)—

    • (a) the person who immediately before the coming into operation of this section held the office of Official Assignee in Bankruptcy shall continue in office as Official Assignee, and

    • (b) the person who immediately before the coming into operation of this section held the position of Bankruptcy Inspector shall continue to hold the position of Bankruptcy Inspector.

16. (8) In this section—

    • (a) ‘public service body’ has the meaning assigned to it by section 5 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012;

    • (b) ‘recognised trade union or staff association’ means a trade union or staff association recognised by the Minister for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees.

    Delegation of functions of Official Assignee

    60B. (1) The Official Assignee may in writing delegate to a specified member of the staff of the Insolvency Service—

    • (a) any of his functions under this Act in relation to a specific bankruptcy or arrangement matter, or

    • (b) any of his functions under any other enactment.

17. (2) A delegation under subsection (1) shall be subject to such conditions or limitations as to the performance of any of the functions delegated, or as to time or circumstance, as may be specified in the delegation.

18. (3) The Official Assignee may in writing revoke or vary a delegation made under subsection (1).

19. (4) More than one delegation may be made and have effect under subsection (1) at any one time.

20. (5) Subject to subsection (2), a person to whom functions of the Official Assignee have been delegated under subsection (1), shall, while the delegation remains in force, have all the powers of the Official Assignee in respect of the functions delegated to him as fully as if he held that office, and such powers shall, where the delegation so specifies, include the power to sell, transfer or otherwise dispose of property or assets in the name of and on behalf of the Official Assignee.

21. (6) Nothing in this section shall affect the vesting of property in the Official Assignee in accordance with section 44.

22. (7) In any legal proceedings, a certificate that—

    • (a) is signed by the Official Assignee,

    • (b) states that any function of the Official Assignee in relation to a bankruptcy matter was on a specified date delegated to a specified member of staff of the Insolvency Service, and

    • (c) states that the delegation of the function remained in force on a specified date,

    is, in the absence of evidence to the contrary, proof of the matters stated in the certificate.

23. (8) A certificate referred to in subsection (7) that appears to be signed by the Official Assignee is admissible in any proceedings as evidence of the matters stated in the certificate without proof of his signature.

Deputy for Official Assignee

60C. (1) The Director may in writing designate a member of the staff of the Insolvency Service to be the deputy for the Official Assignee, and the member of staff so designated shall, during every temporary absence and every temporary incapacity through illness of the Official Assignee and every occasion on which the office of the Official Assignee is vacant occurring while such designation remains in force, perform the functions assigned to the Official Assignee under this Act or under any other enactment.

• (2) A designation under subsection (1) shall be subject to such conditions or limitations as to time or circumstance as may be specified in the designation.

• (3) The Director may in writing at any time revoke or vary a designation made under subsection (1).

• (4) Subject to subsection (2), a person designated under subsection (1) shall, while he performs the functions of the Official Assignee, have all the powers of the Official Assignee as fully as if he held that office, and such powers shall include the power to sell, transfer or otherwise dispose of property or assets in the name of and on behalf of the Official Assignee.

• (5) In any legal proceedings, a certificate that—

  • (a) is signed by the Director,

  • (b) states that a specified member of staff of the Insolvency Service was designated on a specified date, in accordance with subsection (1), to be the deputy for the Official Assignee, and

  • (c) states that the designation remained in force on a specified date,

  is, in the absence of evidence to the contrary, proof of the matters stated in the certificate.

• (6) A certificate referred to in subsection (5) that appears to be signed by the Director is admissible in any proceedings as evidence of the matters stated in the certificate without proof of his signature.

Transfer of records to Insolvency Service

60D. All documents and records in the custody and control of the Courts Service relating to the Office of the Official Assignee in Bankruptcy immediately before the coming into operation of section 29 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 shall on the coming into operation of that section be transferred to the Insolvency Service.”.

30. Amendment of section 63 of Act of 1988

30. Section 63 of the Act of 1988 is amended in paragraph (b) by the substitution of “regulations made by the Minister under this Act” for “rules of court”.

31. Amendment of section 69 of Act of 1988

31. Section 69 of the Act of 1988 is amended—

• (a) by the substitution of the following for subsection (3):

• “(3) All money and securities received by the Official Assignee, being part of a bankrupt’s estate, shall be forthwith lodged by him in an account in the Central Bank of Ireland or a bank authorised to carry on business in the State and shall be kept there to the credit of the Official Assignee subject to the provisions of this Act, any regulations made under subsection (6) and the directions of the Court.”,

and

• (b) by the insertion of the following subsection after subsection (5):

• “(6) The Minister may, following consultation with the Insolvency Service, by regulations make provision for the manner in which the Official Assignee shall maintain accounts referred to in subsection (3) and for matters relating to the keeping of such accounts.”.

32. Repeal of section 83 of Act of 1988

32. Section 83 of the Act of 1988 is repealed.

33. Amendment of section 84 of Act of 1988

33. The Act of 1988 is amended by the substitution of the following for section 84:

“Official Assignee — Unclaimed Dividend Account

1. (1) The Official Assignee shall cause an account to be opened—

2. (a) in the Central Bank of Ireland, or

3. (b) a bank authorised to carry on business in the State,

and any such account shall be called the “Official Assignee — Unclaimed Dividend Account” and a reference in this section to a “relevant account” is to be construed as a reference to such an account.

• (2) The Official Assignee shall pay into a relevant account all unclaimed dividends and all money unclaimed, being part of any bankrupt’s estate.

• (3)

  • (a) The Official Assignee shall be entitled to pay out of a relevant account all dividends lawfully claimed as well as the sums provided for by section 61(3)(k).

  • (b) In order to provide temporarily for payments for which no funds are immediately available in the particular estate against which they are chargeable, there may be paid out of a relevant account to the credit of the Official Assignee in a separate account in the said bank such sums, subject to such conditions, as may be prescribed by regulations made by the Minister.

• (4) The Official Assignee, with the leave of the Court, may from time to time invest the whole or any part of the money standing to the credit of a relevant account, and the interest on the investments shall be paid into a relevant account.

• (5) The Court may order that the Official Assignee shall be paid out of a relevant account such sum by way of indemnity in respect of any damages, costs or expenses payable or incurred or to be payable or incurred by him for or by reason of any act or matter done by him while acting as Official Assignee as the Court thinks just, including the costs of any proceedings taken by the Official Assignee with the leave of the Court where there are insufficient funds in the matter.

• (6) A relevant account shall not be available for any purpose other than the purposes of this section.

• (7) The Minister may, following consultation with the Insolvency Service, by regulations prescribe—

  • (a) the manner in which the Official Assignee shall maintain a relevant account,

  • (b) the purposes for which funds may be withdrawn from a relevant account pursuant to subsection (3)(b),

  • (c) the monetary limits relating to the withdrawal of funds from a relevant account pursuant to subsection (3)(b), and

  • (d) the conditions subject to which funds may be withdrawn from a relevant account pursuant to subsection (3)(b).”.

34. Amendment of section 85B of Act of 1988

34. Section 85B of the Act of 1988 (inserted by section 157 of the Personal Insolvency Act 2012) is amended by the insertion, after subsection (2), of the following:

• “(2A) An order of discharge shall provide that any property of the bankrupt then vested in the Official Assignee shall be revested in or returned to the bankrupt, and that order shall for all purposes be deemed to be a conveyance, assignment or transfer of that property to the bankrupt and, where appropriate, may be registered accordingly.”.

35. Insertion of section 86A in Act of 1988

35. The Act of 1988 is amended by the insertion, after section 86 but in Part IV, of the following section:

“Prohibition on presentation of petition for arrangement under section 87

86A. A person shall not present a petition to the Court under section 87 after the coming into operation of section 35 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013.”.

36. Amendment of section 144 of Act of 1988

36. The Act of 1988 is amended by the substitution of the following for section 144:

“Regulations and orders

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

2. (2) Every regulation made under this Act and every order made under section 142(2) or 143 shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.”.

37. Repeal of section 6 of and Schedule 1 to Personal Insolvency Act 2012

37. Section 6 of and Schedule 1 to the Personal Insolvency Act 2012 are repealed.

38. Amendment of section 9 of Personal Insolvency Act 2012

38. Section 9(1) of the Personal Insolvency Act 2012 is amended by the insertion of the following paragraph after paragraph (j):

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

39. Amendment of section 17 of Personal Insolvency Act 2012

39. Section 17 of the Personal Insolvency Act 2012 is amended by the substitution of the following subsections for subsection (2):

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

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

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

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

40. Amendment of section 20 of Personal Insolvency Act 2012

40. Section 20 of the Personal Insolvency Act 2012 is amended—

• (a) by the substitution of the following for subsection (1):

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

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

    • (ii) the provision of services, and

    • (iii) the carrying on of activities,

    by it under this Act, and

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

and

• (b) in subsection (5), by inserting “or in the performance by the Official Assignee of his or her functions under the Bankruptcy Act 1988 or any other enactment” after “this Act”.

41. Miscellaneous amendments to enactments consequential on transfer of Official Assignee to Insolvency Service

41. (1) Section 32(3) of the Solicitors (Amendment) Act 1960 is amended by the substitution of “such fee as may be prescribed under section 20 of the Personal Insolvency Act 2012” for “in the Bankruptcy Office such court fees as are payable on a realisation account of the Official Assignee in a bankruptcy matter”.

• (2) The Eighth Schedule to the Courts (Supplemental Provisions) Act 1961 is amended—

• (a) in paragraph 2, by deleting “The Office of the Official Assignee in Bankruptcy,”,

• (b) in paragraph 3, by deleting “The Official Assignee in Bankruptcy,”, and

• (c) by deleting paragraph 9.

• (3) Part 2 of the Schedule to the Dormant Accounts Act 2001 is amended—

• (a) in paragraph 1, by deleting subparagraph (g), and

• (b) by the insertion, after paragraph 3, of the following:

“3A. An account held by the Official Assignee.”.

• (4) Section 2(1) of the Personal Insolvency Act 2012 is amended by the insertion of the following:

“ ‘Official Assignee’ has the same meaning as it has in the Bankruptcy Act 1988;”.

PART 8 Amendment of Personal Insolvency Act 2012

42. Definition (Part 8)

42. In this Part, “Act of 2012” means the Personal Insolvency Act 2012.

43. Amendment of section 5 of Act of 2012

43. Section 5 of the Act of 2012 is amended by substituting the following for subsection (2):

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

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

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

44. Amendment of section 8 of Act of 2012

44. Section 8(4) of the Act of 2012 is amended, in paragraph (a), by substituting “or” for “and”.

45. Amendment of section 9 of Act of 2012

45. Section 9(1) of the Act of 2012 is amended by the substitution of the following for paragraph (g):

• “(g) in accordance with section 47?—

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

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

46. Amendment of section 13 of Act of 2012

46. Section 13(1) of the Act of 2012 is amended by substituting “may” for “shall, as soon as may be after the establishment day”.

47. New section 21A in Act of 2012

47. The following section is inserted after section 21 of the Act of 2012:

“Retention of information by Insolvency Service

21A. Notwithstanding the Data Protection Act 1988, the Insolvency Service shall retain such information or data obtained by it under this Act as is necessary for the performance of its functions under this Act.”.

48. Amendment of section 25 of Act of 2012

48. Section 25 of the Act of 2012 is amended, in paragraph (a)(iv) of the definition of “qualifying debt”, by deleting “such as a guarantee given by a debtor that has been called up that any amount guaranteed is due and payable by the debtor,”.

49. Amendment of section 27 of Act of 2012

49. Section 27 of the Act of 2012 is amended—

• (a) by substituting the following for subsection (4):

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

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

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

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

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

and

• (b) by substituting the following for subsections (9) to (12):

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

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

50. Amendment of section 29 of Act of 2012

50. Section 29(2) of the Act of 2012 is amended—

• (a) by substituting the following for paragraph (c):

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

and

• (b) in paragraph (d), by substituting “debts concerned, as specified in the Prescribed Financial Statement referred to in paragraph (c)” for “debts concerned”.

51. Amendment of section 31 of Act of 2012

51. Section 31 of the Act of 2012 is amended—

• (a) in subsection (1), by substituting the following for paragraph (a)(ii):

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

and

• (b) by deleting subsection (4).

52. Amendment of section 34 of Act of 2012

52. Section 34 of the Act of 2012 is amended—

• (a) in subsection (4)(b), by substituting “section 37(3) (as amended by section 55 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013)” for “section 37(2)(a)”, and

• (b) in subsection (5), by deleting the words “and the approved intermediary concerned”.

53. Amendment of section 35 of Act of 2012

53. Section 35(1) of the Act of 2012 is amended by substituting the following for paragraph (e):

• “(e) take any step to recover goods in the possession or custody of the debtor, unless title to the goods is vested in the specified creditor or the specified creditor holds security over the goods,”.

54. Amendment of section 36 of Act of 2012

54. Section 36 of the Act of 2012 is amended—

• (a) in subsection (2), by substituting “A specified debtor” for “Subject to subsection (5), a specified debtor”,

• (b) in subsection (3), by substituting “Subject to subsection (4),” for “Subject to subsections (4) and (5),”, and

• (c) by deleting subsection (5).

55. Amendment of section 37 of Act of 2012

55. Section 37 of the Act of 2012 is amended by substituting the following for subsections (2) and (3):

• “(2) Where—

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

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

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

• (3) Where this subsection applies—

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

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

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

56. Amendment of section 39 of Act of 2012

56. Section 39 of the Act of 2012 is amended—

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

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

• “(2) An application under subsection (1) shall be on notice to the specified debtor and each specified creditor.”.

57. Amendment of section 43 of Act of 2012

57. Section 43 of the Act of 2012 is amended by inserting the following after subsection (5):

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

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

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

58. Amendment of section 45 of Act of 2012

58. Section 45 of the Act of 2012 is amended by inserting the following after subsection (3):