Personal Insolvency (Amendment) Act 2021

Personal Insolvency (Amendment) Act 2021 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2021 Personal Insolvency (Amendment) Act 2021 Personal Insolvency (Amendment) Act 2021 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 10 of 2021 PERSONAL INSOLVENCY (AMENDMENT) ACT 2021 CONTENTS

Section 1

Section 2

Section 3

Section 4

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

Section 15

Section 16

Section 17

Section 18

Definition 1. In this Act “Principal Act” means the Personal Insolvency Act 2012 .

Amendment of section 26 of Principal Act 2. Section 26 of the Principal Act is amended in subsection (2)(c) by the substitution of “€1,500” for “€400”.

Amendment of section 27 of Principal Act 3. Section 27 of the Principal Act is amended by the insertion of the following subsections after subsection (2): “(2A) For the purposes of subsection (2), ‘meeting’ means a consultation between the approved intermediary and the debtor held in accordance with any regulations made under this section and at which— (a) both are present in person at the same time and in the same place, or (b) both are not present in person in the same place, but each is able, by means of electronic communications technology, to speak to, to see and to hear the other. (2B) 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 directions, shall, make regulations in relation to the holding and conduct of meetings referred to in paragraph (a) or (b) of subsection (2A). (2C) Without prejudice to the generality of subsection (2B), regulations under that subsection may provide for— (a) the circumstances in which a meeting referred to in subsection (2A)(b) shall not be held, (b) the form of electronic communications technology that shall not be used in a meeting referred to in subsection (2A)(b), and (c) the conduct of meetings referred to in subsection (2A). (2D) In making regulations under this section the Insolvency Service shall have regard to: (a) the need to protect debtors and creditors who are or may become specified debtors or specified creditors; (b) the importance of— (i) ensuring effective access to, and participation in, meetings referred to in subsection (2A) by debtors, and (ii) supporting the development of a relationship of trust and mutual confidence between debtors and approved intermediaries; (c) the need, including having regard to the financial situation of debtors, to ensure efficiency and timeliness in the holding of meetings referred to in subsection (2A); (d) the differing needs of debtors (including having regard to age, health, resources, geographical location, access to private or public transport, access to and familiarity with electronic communications technology, working hours and family and other obligations, including caring obligations) in respect of their participation in a meeting referred to in subsection (2A); (e) the need to ensure that public confidence in the operation of the Debt Relief Notice process is maintained; (f) any other factor that the Insolvency Service considers relevant in ensuring the effective conduct of meetings referred to in subsection (2A).

(2E) In this section, ‘electronic communications technology’, in relation to a meeting referred to in subsection (2A)(b), means technology that enables real time transmission and real time two-way audio-visual communication.”.

Amendment of section 29 of Principal Act 4. Section 29 of the Principal Act is amended in subsection (2)(c) by the insertion of “or a confirmation of truth” after “statutory declaration”.

Amendment of section 49 of Principal Act 5. Section 49 of the Principal Act is amended— (a) in subsection (2), by the deletion of “, or an employee of that personal insolvency practitioner acting under his or her direction and control,”, and (b) by the insertion of the following subsections after subsection (2): “(2A) For the purposes of subsection (2), ‘meeting’ means a consultation between the personal insolvency practitioner and the debtor, held in accordance with any regulations made under this section and at which— (a) both are present in person at the same time and in the same place, or (b) both are not present in person in the same place, but each is able, by means of electronic communications technology, to speak to, to see and to hear the other. (2B) 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 directions, shall, make regulations in relation to the holding and conduct of meetings referred to in paragraph (a) or (b) of subsection (2A). (2C) Without prejudice to the generality of subsection (2B), regulations under that subsection may provide for— (a) the circumstances in which a meeting referred to in subsection (2A)(b) shall not be held, (b) the form of electronic communications technology that shall not be used in a meeting referred to in subsection (2A)(b), and (c) the conduct of meetings referred to in subsection (2A). (2D) In making regulations pursuant to this section the Insolvency Service shall have regard to: (a) the need to protect debtors and creditors who are or may become parties to Debt Settlement Arrangements or Personal Insolvency Arrangements; (b) the importance of— (i) ensuring effective access to, and participation in, meetings referred to in subsection (2A) by debtors, and (ii) supporting the development of a relationship of trust and mutual confidence between debtors and personal insolvency practitioners; (c) the need, having regard to the financial situation of debtors, to ensure efficiency and timeliness in the holding of meetings referred to in subsection (2A); (d) the differing needs of debtors (including having regard to age, health, resources, geographical location, access to private or public transport, access to and familiarity with electronic communications technology, working hours and family and other obligations, including caring obligations) in respect of their participation in a meeting referred to in subsection (2A); (e) the need to ensure that public confidence in the operation of the Debt Settlement Arrangement and Personal Insolvency Arrangement processes is maintained;

(f) any other factor that the Insolvency Service considers relevant in ensuring the effective conduct of meetings referred to in subsection (2A). (2E) In this section, ‘electronic communications technology’, in relation to a meeting referred to in subsection (2A)(b), means technology that enables real time transmission and real time two-way audio-visual communication.”.

Amendment of section 54 of Principal Act 6. Section 54 of the Principal Act is amended in paragraph (d) by the substitution of “6 years” for “5 years” in the second place that it occurs.

Performance by others of certain functions of personal insolvency practitioner 7. The Principal Act is amended by the insertion of the following section after section 54: “54A. (1) Subject to any regulations made under subsection (4), nothing in this Act shall be taken to prevent any person (not being a personal insolvency practitioner)— (a) employed by a personal insolvency practitioner or by a partnership in which a personal insolvency practitioner is a partner, or (b) having a common employer with a personal insolvency practitioner, from performing, when requested to do so by the personal insolvency practitioner (in this subsection referred to as the ‘requesting personal insolvency practitioner’) and under the requesting personal insolvency practitioner’s direction and control, any function (or any act in relation to such function) that is authorised or required by or under this Act to be performed by the requesting personal insolvency practitioner.

Amendment of section 57 of Principal Act 8. Section 57 of the Principal Act is amended in subsection (1)(c) by the insertion of “or a confirmation of truth” after “statutory declaration”.

Amendment of section 59 of Principal Act 9. Section 59 of the Principal Act is amended in subsection (2)(c) by the insertion of “or confirmation of truth” after “statutory declaration”.

Amendment of section 61 of Principal Act 10. Section 61 of the Principal Act is amended— (a) in subsection (5), by the substitution of “subsections (6), (7) and (7A)”, for “subsections (6) and (7)”, (b) in subsection (6), by the insertion of “or extended under subsection (7) or (7A),” after “subsection (2)(a)”, (c) by the substitution of the following subsection for subsection (7): “(7) Where a protective certificate has been issued pursuant to subsection (2)(a) or extended under subsection (6) or (7A), the appropriate court may, on application to that court by a personal insolvency practitioner, extend the period of the protective certificate by an additional period not exceeding 40 days where— (a) the personal insolvency practitioner has been appointed in accordance with section 49A, 49B or 49C, and (b) the court is satisfied that the extension is necessary to enable the personal insolvency practitioner so appointed to perform his or her functions under this Chapter.”, (d) by the insertion of the following subsection after subsection (7): “(7A) Where a protective certificate has been issued pursuant to subsection (2)(a), or extended under subsection (6) or (7), the appropriate court may, on application to that court by the personal insolvency practitioner, extend the period of the protective certificate by an additional period not exceeding 40 days, where the court is satisfied that, by reason of exceptional circumstances or of other factors which are substantially outside the control of the debtor and the personal insolvency practitioner, it would be just to grant the extension.”, (e) in subsection (8), by the substitution of “this section” for “subsection (7)”, (f) in subsection (9), by the substitution of “once only under each of subsections (7) and (7A).” for “under subsection (7) once only.”, and (g) in subsection (13), by the substitution of “subsections (5), (6), (7) and (7A),” for “subsections (5), (6) and (7),”.

Amendment of section 91 of Principal Act 11. Section 91 of the Principal Act is amended in subsection (1)(e) by the insertion of “or a confirmation of truth” after “statutory declaration”.

Amendment of section 93 of Principal Act 12. Section 93 of the Principal Act is amended in subsection (2)(c) by the insertion of “or confirmation of truth” after “statutory declaration”.

Amendment of section 95 of Principal Act 13. Section 95 of the Principal Act is amended— (a) in subsection (5), by the substitution of “subsections (6), (7) and (7A)”, for “subsections (6) and (7)”, (b) in subsection (6), by the insertion of “or extended under subsection (7) or (7A),” after “subsection (2)(a)”, (c) by the substitution of the following subsection for subsection (7): “(7) Where a protective certificate has been issued pursuant to subsection (2)(a) or extended under subsection (6) or (7A), the appropriate court may, on application to that court by a personal insolvency practitioner, extend the period of the protective certificate by an additional period not exceeding 40 days where— (a) the personal insolvency practitioner has been appointed in accordance with section 49A, 49B or 49C, and (b) the court is satisfied that the extension is necessary to enable the personal insolvency practitioner so appointed to perform his or her functions under this Chapter.”, (d) by the insertion of the following subsection after subsection (7): “(7A) Where a protective certificate has been issued pursuant to subsection (2)(a), or extended under subsection (6) or (7), the appropriate court may, on application to that court by the personal insolvency practitioner, extend the period of the protective certificate by an additional period not exceeding 40 days, where the court is satisfied that, by reason of exceptional circumstances or of other factors which are substantially outside the control of the debtor and the personal insolvency practitioner, it would be just to grant the extension.”, (e) in subsection (8), by the substitution of “this section” for “subsection (7)”, (f) in subsection (9), by the substitution of “once only under each of subsections (7) and (7A).” for “under subsection (7) once only.”, and (g) in subsection (13), by the substitution of “subsections (5), (6), (7) and (7A),” for “subsections (5), (6) and (7),”.

Amendment of section 115A of Principal Act 14. Section 115A of the Principal Act is amended— (a) in subsection (2), by the substitution of “28 days” for “14 days”, (b) in subsection (5), by the substitution of “, whether before or after” for “before”, and (c) in subsection (18) by the substitution of the following paragraph for paragraph (b): “(b) in respect of which the debtor— (i) is in arrears with his or her payments, or (ii) having been in arrears with his or her payments, has entered into an alternative repayment arrangement with the secured creditor concerned.”.

Amendment of section 136 of Principal Act 15. Section 136 of the Principal Act is amended by the substitution of the following subsection for subsection (3): “(3) A Prescribed Financial Statement made under this Act shall be verified by means of— (a) a statutory declaration made under the Statutory Declarations Act 1938 , or (b) a confirmation of truth.”.

Confirmation of truth 16. The Principal Act is amended by the insertion of the following section after section 140: “140A. (1) A reference in this Act to a confirmation of truth is a reference to a confirmation of truth made in accordance with this section.

Amendment of section 161 of Principal Act 17. Section 161 of the Principal Act is amended in subsection (1) by the insertion of “(including in relation to the performance by them of functions or acts pursuant to section 54A(2))” after “for the purposes of the authorisation, regulation and supervision of personal insolvency practitioners”.

Short title, collective citation and commencement 18. (1) This Act may be cited as the Personal Insolvency (Amendment) Act 2021.

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