Courts and Civil Law (Miscellaneous Provisions) Act 2013

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

59. Amendment of section 46 of Act of 2012

59. Section 46(2) of the Act of 2012 is amended by deleting “without delay and, in any event,”.

60. Amendment of section 47 of Act of 2012

60. Section 47 of the Act of 2012 is amended—

• (a) by substituting the following for subsection (5):

• “(5) The Insolvency Service, with the consent of the Minister, may and, if directed by the Minister to do so and in accordance with the terms of the direction, shall, following consultation with the Minister for Finance and any other person as the Insolvency Service deems appropriate or as the Minister directs, by regulations provide for any of the following for the purposes of the authorisation, regulation and supervision of approved intermediaries and the protection of debtors and creditors who are or may become specified debtors or specified creditors:

  • (a) the requirements applicable to—

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

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

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

    • (i) the public interest;

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

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

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

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

    • (vi) conflicts of interest;

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

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

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

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

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

and

• (b) by inserting the following after subsection (7):

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

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

  • (a) dies,

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

  • (c) resigns from the role of approved intermediary as respects the debtor, or

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

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

• (10)

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

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

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

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

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

61. Amendment of section 49 of Act of 2012

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

• (a) in subsection (2), by the substitution of “the personal insolvency practitioner, or an employee of that personal insolvency practitioner acting under his or her direction and control, shall hold a meeting” for “the personal insolvency practitioner shall hold a meeting”,

• (b) by the substitution of the following for subsection (5):

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

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

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

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

and

• (c) by the deletion of subsections (6) to (9).

62. Insertion of sections 49A, 49B and 49C in Act of 2012

62. The Act of 2012 is amended by the insertion, after section 49, of the following sections:

“Termination by a debtor of his or her appointment of a personal insolvency practitioner

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

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

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

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

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

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

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

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

  Termination by a personal insolvency practitioner of his or her appointment by a debtor

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

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

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

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

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

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

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

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

  Termination of appointment of a personal insolvency practitioner due to death, incapacity or withdrawal of authorisation

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

  • (a) dies,

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

  • (c) is no longer authorised to perform the functions of a personal insolvency practitioner under this Act,

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

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

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

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

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

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

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

63. Amendment of section 54 of Act of 2012

63. Section 54 of the Act of 2012 is amended in paragraph (c) by substituting “Prescribed” for “Personal”.

64. Amendment of section 59 of Act of 2012

64. Section 59(2) of the Act of 2012 is amended by substituting “as may be prescribed” for “as may be specified”.

65. Amendment of section 61 of Act of 2012

65. Section 61 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 59(2)(f) and (g)) to the appropriate court, and”,

• (b) by deleting subsection (4), and

• (c) by substituting the following for subsection (11):

• “(11) Where a protective certificate is issued under this section, the Insolvency Service shall—

  • (a) record in the Register of Protective Certificates, in addition to such other details as may be prescribed under section 133(3)(b), the following—

    • (i) the name and address of the debtor and the date of issue of the protective certificate,

    • (ii) where applicable—

      • (I) the extension under this section of the protective certificate, and

      • (II) the making by the appropriate court of an order under section 63, and the creditor in respect of whom the order has been made,

      and

    • (iii) the date on which the protective certificate ceases, under this Chapter, to be in force,

    and

  • (b) within 3 months of the date on which the protective certificate ceases, under this Chapter, to be in force, remove from the Register of Protective Certificates all information recorded in it in respect of the protective certificate.”.

66. Amendment of section 62 of Act of 2012

66. Section 62(1) of the Act of 2012 is amended in paragraph (e) by substituting “whether or not” for “unless”.

67. Amendment of section 65 of Act of 2012

67. Section 65(2) of the Act of 2012 is amended, in paragraph (e)(i), by substituting “sections 48 to 54” for “sections 48 to 53”.

68. Amendment of section 71 of Act of 2012

68. Section 71(1)(c) of the Act of 2012 is amended by substituting the following for subparagraph (iv):

• “(iv) he or she is of the opinion that—

  • (I) the debtor satisfies the eligibility criteria for the proposal of a Debt Settlement Arrangement specified in section 57,

  • (II) the proposed Debt Settlement Arrangement complies with the mandatory requirements referred to in section 65(2), and

  • (III) the proposed Debt Settlement Arrangement does not contain any terms that would release the debtor from an excluded debt, an excludable debt (other than a permitted debt) or a secured debt or otherwise affect such a debt;”.

69. Amendment of section 72 of Act of 2012

69. Section 72(1) of the Act of 2012 is amended by substituting “called in accordance with section 70” for “called by the personal insolvency practitioner for the purpose of approving a proposal for a Debt Settlement Arrangement given to the creditors under section 70(3)”.

70. Amendment of section 73 of Act of 2012

70. Section 73 of the Act of 2012 is amended by deleting subsection (3).

71. Amendment of section 75 of Act of 2012

71. Section 75 of the Act of 2012 is amended by substituting the following for subsection (1):

• “(1) Where a Debt Settlement Arrangement is approved at a creditors’ meeting in accordance with section 73, the personal insolvency practitioner shall as soon as practicable after the meeting has concluded notify the Insolvency Service and each creditor concerned, which notification shall be accompanied by—

  • (a) a certificate with the result of the vote taken at the creditors’ meeting, identifying the number of votes, in value of the creditors present and voting, in favour and against the proposed Debt Settlement Arrangement, and stating that the requisite percentage of creditors referred to in section 73(6) has approved the proposal for a Debt Settlement Arrangement,

  • (b) a copy of the approved Debt Settlement Arrangement, and

  • (c) a statement by the personal insolvency practitioner to the effect that he or she is of the opinion that—

    • (i) the debtor satisfies the eligibility criteria for the proposal of a Debt Settlement Arrangement specified in section 57,

    • (ii) the approved Debt Settlement Arrangement complies with the mandatory requirements referred to in section 65(2), and

    • (iii) the approved Debt Settlement Arrangement does not contain any terms that would release the debtor from an excluded debt, an excludable debt (other than a permitted debt) or a secured debt or otherwise affect such a debt.”.

72. Amendment of section 76 of Act of 2012

72. Section 76 of the Act of 2012 is amended by substituting the following for subsection (1):

• “(1) On receipt of a notification and accompanying documents from the personal insolvency practitioner pursuant to section 75(1) (as amended by section 71 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013), the Insolvency Service shall—

  • (a) notify the appropriate court and furnish to that court a copy of the notification and documents, and

  • (b) record the approval of the Debt Settlement Arrangement concerned in the Register of Debt Settlement Arrangements.”.

73. Amendment of section 78 of Act of 2012

73. Section 78 of the Act of 2012 is amended—

• (a) in subsection (2), by substituting “the notification and documents” for “the copy of the Debt Settlement Arrangement”,

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

• “(3) Where the appropriate court, for the purpose of its arriving at a decision under subsection (2), requires—

  • (a) further information, it may request the Insolvency Service to provide this information, and the Insolvency Service shall provide the information requested to the court and to the personal insolvency practitioner concerned, or

  • (b) further information or evidence, it may hold a hearing, which hearing shall be on notice to the Insolvency Service and the personal insolvency practitioner concerned.”,

• (c) by deleting subsection (4), and

• (d) by substituting the following for subsection (5):

• “(5) For the purposes of subsection (2), the appropriate court may accept—

  • (a) the certificate of the personal insolvency practitioner referred to in section 75(1)(a) (as amended by section 71 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013) as evidence that the requisite percentage of creditors referred to in section 73(6) has approved the proposal for a Debt Settlement Arrangement, and

  • (b) the statement of the personal insolvency practitioner referred to in section 75(1)(c) (as amended by section 71 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013) as evidence of any matter referred to in subsection (2) which is the subject of that statement.”.

74. Amendment of section 79 of Act of 2012

74. Section 79(3) of the Act of 2012 is amended in paragraph (e) by substituting “holds security” for “has security”.

75. Amendment of section 82 of Act of 2012

75. The Act of 2012 is amended by substituting the following for section 82:

“Variation of Debt Settlement Arrangement

1. (1) Subject to this section, a Debt Settlement Arrangement may be varied in accordance with its terms.

2. (2) A personal insolvency practitioner, whether on his or her own initiative or on a request made in accordance with subsection (3), shall propose a variation of a Debt Settlement Arrangement (in this section referred to as a ‘variation’) where—

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

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

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

   • (a) in writing,

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

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

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

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

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

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

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

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

6. (6) Where the personal insolvency practitioner is satisfied that paragraphs (a) and (b) of subsection (2) apply in relation to the Debt Settlement Arrangement concerned, he or she shall without delay:

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

   • (b) formulate a proposal for a variation,

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

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

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

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

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

     • (i) a written proposal for the variation of the Debt Settlement Arrangement,

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

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

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

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

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

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

8. (8) The provisions of sections 65 to 69 and sections 72 to 78 (other than subsections (2) and (3) of section 67, sections 72(4), 72(7), 73(2), 75(1)(c)(i) (as amended by section 71 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013), 76(2), 77(3), 78(2)(a)(i) and 78(5)(a) (as amended by section 73 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013)) and section 87 shall apply in relation to a variation of a Debt Settlement Arrangement under this section, subject to the following modifications and any other necessary modifications—

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

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

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

   • (d) the variation of a Debt Settlement Arrangement shall not have the effect of extending the duration of that Debt Settlement Arrangement beyond the maximum duration permitted under section 65(2)(a),

   • (e) a Debt Settlement Arrangement as varied under this section shall, in addition to containing the information referred to in section 65(2)(e), make provision for the costs and outlays of the personal insolvency practitioner which relate to this section,

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

   • (g) an adjournment pursuant to section 72(2) may occur once only in the course of a creditors’ meeting.

9. (9) The voting rights exercisable by a creditor at a creditors’ meeting under this section shall be proportionate to the amount of the debt due by the debtor to the creditor on the day on which the vote is held.

10. (10) Where—

    • (a) on the taking of a vote at a creditors’ meeting under this section, the proposal is not approved in accordance with section 73, or

    • (b) the appropriate court upholds the objection of a creditor to the variation of a Debt Settlement Arrangement coming into effect,

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

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

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

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

    • (b) under subsection (2) or (6) of section 72,

    shall be grounds for an application under section 83(1)(g).

13. (13) A debtor who refuses to give his or her consent under a provision referred to in subsection (12) shall be considered to be acting reasonably where the proposal in relation to which the consent is sought would require the debtor—

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

      • (i) income tax;

      • (ii) social insurance contributions;

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

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

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

      or

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

14. (14) A reference in this Chapter to a Debt Settlement Arrangement shall be construed as including such an arrangement as proposed to be varied or, as varied in accordance with this section, unless the context otherwise requires.

15. (15) In this section, ‘material change in the debtor’s circumstances’ means a change in the debtor’s circumstances that would materially affect his or her ability to make payments, or otherwise perform his or her obligations, under the Debt Settlement Arrangement, and includes an increase or decrease in the extent of the debtor’s assets, liabilities or income.”.

76. Amendment of section 83 of Act of 2012

76. Section 83 of the Act of 2012 is amended by inserting the following after subsection (3):

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

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

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

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

77. Amendment of section 85 of Act of 2012

77. Section 85 of the Act of 2012 is amended by inserting the following after subsection (2):

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

78. Amendment of section 86 of Act of 2012

78. Section 86 of the Act of 2012 is amended by substituting the following for subsection (3):

• “(3) Where the Insolvency Service receives the notice referred to in subsection (1), it shall—

  • (a) record the successful completion of the Debt Settlement Arrangement in the Register of Debt Settlement Arrangements, and

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

79. Amendment of section 91 of Act of 2012

79. Section 91(3) of the Act of 2012 is amended by the substitution of “specified in subsection (1)(i)” for “specified in subsection (1)(h)”.

80. Amendment of section 93 of Act of 2012

80. Section 93(2) of the Act of 2012 is amended—

• (a) by substituting “accompanied by such fee (if any) as may be prescribed and the following documents:” for “accompanied by the following documents:”,

• (b) in paragraph (c), by substituting “section 91(1)(e);” for “section 91(1)(g);”,

• (c) by inserting the following paragraph after paragraph (c):

• “(cc) the declaration in writing of the debtor referred to in section 91(1)(g);”.

81. Amendment of section 95 of Act of 2012

81. Section 95 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 93(2)(f) and (g)) to the appropriate court, and”,

• (b) by deleting subsection (4), and

• (c) by substituting the following for subsection (11):

• “(11) Where a protective certificate is issued under this section, the Insolvency Service shall—

  • (a) record in the Register of Protective Certificates, in addition to such other details as may be prescribed under section 133(3)(b), the following—

    • (i) the name and address of the debtor and the date of issue of the protective certificate,

    • (ii) where applicable—

      • (I) the extension under this section of the protective certificate, and

      • (II) the making by the appropriate court of an order under section 97, and the creditor in respect of whom the order has been made,

      and

    • (iii) the date on which the protective certificate ceases, under this Chapter, to be in force,

    and

  • (b) within 3 months of the date on which the protective certificate ceases, under this Chapter, to be in force, remove from the Register of Protective Certificates all information recorded in it in respect of the protective certificate.”.

82. Amendment of section 96 of Act of 2012

82. Section 96(1) of the Act of 2012 is amended by substituting the following for paragraph (f):

• “(f) take any step to recover goods in the possession or custody of the debtor, whether or not title to the goods is vested in the creditor;”.

83. Amendment of section 102 of Act of 2012

83. Section 102(7) of the Act of 2012 is amended by substituting “the issue by the appropriate court” for “the Insolvency Service’s issue”.

84. Amendment of section 107 of Act of 2012

84. Section 107(1)(c) of the Act of 2012 is amended by substituting the following for subparagraph (iv):

• “(iv) he or she is of the opinion that—

  • (I) the debtor satisfies the eligibility criteria for the proposal of a Personal Insolvency Arrangement specified in section 91,

  • (II) the proposed Personal Insolvency Arrangement complies with the mandatory requirements referred to in section 99(2), and

  • (III) the proposed Personal Insolvency Arrangement does not contain any terms that would release the debtor from an excluded debt or an excludable debt (other than a permitted debt) or otherwise affect such a debt;”.

85. Amendment of section 112 of Act of 2012

85. Section 112 of the Act of 2012 is amended by substituting the following for subsection (1):

• “(1) Where a Personal Insolvency Arrangement is approved at a creditors’ meeting in accordance with section 110, the personal insolvency practitioner shall as soon as practicable after the meeting has concluded notify the Insolvency Service and each creditor concerned, which notification shall be accompanied by—

  • (a) a certificate with the result of the vote taken at the creditors’ meeting, identifying the proportions of the respective categories of votes cast by those voting at the creditors’ meeting and stating that the requisite percentage of creditors referred to in section 110(1) has approved the proposal for a Personal Insolvency Arrangement,

  • (b) a copy of the approved Personal Insolvency Arrangement, and

  • (c) a statement by the personal insolvency practitioner to the effect that he or she is of the opinion that—

    • (i) the debtor satisfies the eligibility criteria for the proposal of a Personal Insolvency Arrangement specified in section 91,

    • (ii) the approved Personal Insolvency Arrangement complies with the mandatory requirements referred to in section 99(2), and

    • (iii) the approved Personal Insolvency Arrangement does not contain any terms that would release the debtor from an excluded debt or an excludable debt (other than a permitted debt) or otherwise affect such a debt.”.

86. Amendment of section 113 of Act of 2012

86. Section 113 of the Act of 2012 is amended by substituting the following for subsection (1):

• “(1) On receipt of a notification and accompanying documents from the personal insolvency practitioner pursuant to section 112(1) (as amended by section 85 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013), the Insolvency Service shall—

  • (a) notify the appropriate court and furnish to that court a copy of the notification and documents, and

  • (b) record the approval of the Personal Insolvency Arrangement concerned in the Register of Personal Insolvency Arrangements.”.

87. Amendment of section 115 of Act of 2012

87. Section 115 of the Act of 2012 is amended—

• (a) in subsection (2), by substituting “the notification and documents” for “the copy of the Personal Insolvency Arrangement”,

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

• “(3) Where the appropriate court, for the purpose of its arriving at a decision under subsection (2), requires—

  • (a) further information, it may request the Insolvency Service to provide this information, and the Insolvency Service shall provide the information requested to the court and to the personal insolvency practitioner concerned, or

  • (b) further information or evidence, it may hold a hearing, which hearing shall be on notice to the Insolvency Service and the personal insolvency practitioner concerned.”,

• (c) by deleting subsection (4), and

• (d) by substituting the following for subsection (5):

• “(5) For the purposes of subsection (2), the appropriate court may accept—

  • (a) the certificate of the personal insolvency practitioner referred to in section 112(1)(a) (as amended by section 85 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013) as evidence that the requisite percentage of creditors referred to in section 110(1) has approved the proposal for a Personal Insolvency Arrangement, and

  • (b) the statement of the personal insolvency practitioner referred to in section 112(1)(c) (as amended by section 85 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013) as evidence of any matter referred to in subsection (2) which is the subject of that statement.”.

88. Amendment of section 116 of Act of 2012

88. Section 116(3) of the Act of 2012 is amended by substituting the following for paragraph (f):

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

89. Amendment of section 119 of Act of 2012

89. The Act of 2012 is amended by substituting the following for section 119:

“Variation of Personal Insolvency Arrangement

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

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

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

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

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

   • (a) in writing,

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

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

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

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

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

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

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

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

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

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

   • (b) formulate a proposal for a variation,

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

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

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

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

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

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

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

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

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

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

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

     and

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

8. (8) The provisions of sections 99 to 105 and sections 108 to 115 (other than subsections (2) and (3) of section 101, sections 108(9), 109(6), 112(1)(c)(i) (as amended by section 85 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013), 113(2), 114(3), 115(2)(a)(i) and 115(5)(a) (as amended by section 87 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013)) and section 120 shall apply in relation to a variation of a Personal Insolvency Arrangement under this section, subject to the following modifications and any other necessary modifications—

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

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

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

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

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

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

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

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

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

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

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

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

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

9. (9) Where—

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

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

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

10. (10) Subsection (9) shall be without prejudice to the entitlement of the personal insolvency practitioner to propose another variation of the Personal Insolvency Arrangement in accordance with this section.

11. (11) Subject to subsection (12), an unreasonable refusal by the debtor to give his or her consent—

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

    • (b) under subsection (3) or (4) of section 109,

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

12. (12) A debtor who refuses to give his or her consent under a provision referred to in subsection (11) shall be considered to be acting reasonably where the proposal in relation to which the consent is sought would require the debtor—

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

      • (i) income tax;

      • (ii) social insurance contributions;

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

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

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

      or

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

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

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

90. Amendment of section 122 of Act of 2012

90. Section 122 of the Act of 2012 is amended by inserting the following after subsection (3):

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

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

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

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

91. Amendment of section 124 of Act of 2012

91. Section 124 of the Act of 2012 is amended by inserting the following after subsection (2):

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

92. Amendment of section 125 of Act of 2012

92. Section 125 of the Act of 2012 is amended by substituting the following for subsection (4):

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

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

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

93. Amendment of section 136 of Act of 2012

93. Section 136 of the Act of 2012 is amended by substituting the following for subsection (1):

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

94. Amendment of section 161 of Act of 2012

94. The Act of 2012 is amended by the substitution of the following for section 161:

“Regulations that may be made by Insolvency Service regarding personal insolvency practitioners

1. (1) The Insolvency Service, with the consent of the Minister, may and, if directed by the Minister to do so and in accordance with the terms of the direction, shall, following consultation with the Minister for Finance and with any other person as the Insolvency Service deems appropriate or as the Minister directs, by regulations provide for any of the following, for the purposes of the authorisation, regulation and supervision of personal insolvency practitioners and the protection of debtors and creditors who are or may become parties to Debt Settlement Arrangements or Personal Insolvency Arrangements and the maintenance of public confidence in the operation of Debt Settlement Arrangements and Personal Insolvency Arrangements under this Act:

2. (a) the requirements applicable to—

   • (i) the authorisation of persons to carry on practice as personal insolvency practitioners;

   • (ii) the supervision and regulation of persons authorised to carry on practice as personal insolvency practitioners in the performance of their functions under this Act;

   • (iii) the dealings of a person authorised to carry on practice as a personal insolvency practitioner with the Insolvency Service; and

   • (iv) the cessation or transfer of practice by persons authorised to carry on practice as personal insolvency practitioners;

3. (b) the requirements to be met in the performance of their functions under this Act by personal insolvency practitioners including, without limiting the generality of the foregoing, in relation to:

   • (i) the public interest;

   • (ii) the duties owed to debtors and creditors who are or may become parties to Debt Settlement Arrangements or Personal Insolvency Arrangements;

   • (iii) the professional and ethical conduct of personal insolvency practitioners;

   • (iv) the maintenance of the confidentiality of the information of debtors and creditors who are or may become parties to Debt Settlement Arrangements or Personal Insolvency Arrangements;

   • (v) case management in respect of debtors by whom a personal insolvency practitioner is appointed; and

   • (vi) conflicts of interest;

4. (c) the qualifications (including levels of training, education, expertise and experience) or any other requirements (including required standards of competence, fitness and probity, and required minimum levels of professional indemnity insurance) for the authorisation of persons to carry on practice as personal insolvency practitioners;

5. (d) the terms on which indemnity against losses is to be available to personal insolvency practitioners under any policy of indemnity insurance and the circumstances in which the right to such indemnity is to be excluded or modified;

6. (e) the records to be maintained and the information and returns, including in electronic form, to be provided to the Insolvency Service by personal insolvency practitioners;

7. (f) the requirements to be met by a personal insolvency practitioner when handling complaints against that personal insolvency practitioner;

8. (g) the standards to be adhered to by personal insolvency practitioners in regard to advertising under this Act;

9. (h) the circumstances and purposes for which a personal insolvency practitioner may charge fees or costs or seek to recover outlay in respect of work done following engagement by a debtor at any time in performing his or her functions—

10. (i) under this Act,

    • (ii) under regulations made under this Act,

    • (iii) under rules of court,

    and the requirements to be met by a personal insolvency practitioner when charging fees or costs or seeking to recover outlays, and

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

11. (2) The Insolvency Service may do anything which it considers necessary or expedient to monitor a personal insolvency practitioner’s compliance with his or her obligations under this Act and regulations made under this Act.”.

95. Amendment of section 164 of Act of 2012

95. Section 164 of the Act of 2012 is amended by the substitution of the following for subsection (4):

• “(4) An authorisation to carry on practice as a personal insolvency practitioner, unless sooner surrendered or revoked or otherwise ceasing to be in force, shall remain in force for a period to be determined by the Insolvency Service, but such period shall not exceed 5 years from the date on which the authorisation is issued.”.

96. Amendment of section 37 of Courts of Justice Act 1936

96. Section 37 of the Courts of Justice Act 1936 is amended by the insertion of the following after subsection (1):

• “(1A) Notwithstanding subsection (1), an appeal shall lie to the High Court sitting in Dublin from every judgment given or order or decision made (other than a decision to which section 169(4) of the Personal Insolvency Act 2012 applies) by the Circuit Court in the performance of any function or exercise of any power or jurisdiction conferred on that court by that Act, whether or not oral evidence was given at the hearing or for the determination of the proceedings or matter concerned.”.

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

97. Section 10(12) (inserted by section 194(c) of the Act of 2012) of the Courts of Justice Act 1947 is amended by substituting “specialist judge” for “specialty judge” in both places where it occurs.

PART 9 Miscellaneous

98. Amendment of section 38 of Courts of Justice Act 1936

98. The Courts of Justice Act 1936 is amended in section 38—

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

• “(b) in every other case—

  • (i) subject to subparagraph (ii), to the High Court on Circuit sitting in the appeal town designated for the appeal in accordance with section 34(2), or

  • (ii) where a direction has been given pursuant to section 34(7) in respect of the appeal town in which the appeal, but for such direction, would have been heard, to the High Court on Circuit sitting in such other appeal town, or to the High Court sitting in Dublin, as the case may be, as directed in accordance with section 34(8).”,

• (b) in subsection (4), by deleting “on the same circuit”, and

• (c) in subsection (5)(a), by deleting “in the same circuit”.

SCHEDULE

Part 1 Extension of Monetary Limit of Jurisdiction of Circuit Court

Part 2 Extension of Monetary Limit of Jurisdiction of District Court