Courts and Civil Law (Miscellaneous Provisions) Act 2013

Courts and Civil Law (Miscellaneous Provisions) Act 2013 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 2013 Courts and Civil Law (Miscellaneous Provisions) Act 2013 Courts and Civil Law (Miscellaneous Provisions) Act 2013 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 32 of 2013 COURTS AND CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2013 CONTENTS

PART 1

Preliminary and General Section

Section 1

Section 2

PART 2

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

Section 3

Section 4

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

PART 3

Jurisdiction of District Court and Circuit Court

Section 13

Section 14

Section 15

Section 16

Section 17

Section 18

Section 19

Section 20

Section 21

PART 4

Amendment of Courts (Establishment and Constitution) Act 1961

Section 22

PART 5

Juries in Lengthy Trials

Section 23

PART 6

Legal Aid and Legal Advice in Relation to Coroners’ Inquests

Section 24

Section 25

PART 7

Bankruptcy

Section 26

Section 27

Section 28

Section 29

Section 30

Section 31

Section 32

Section 33

Section 34

Section 35

Section 36

Section 37

Section 38

Section 39

Section 40

Section 41

PART 8

Amendment of Personal Insolvency Act 2012

Section 42

Section 43

Section 44

Section 45

Section 46

Section 47

Section 48

Section 49

Section 50

Section 51

Section 52

Section 53

Section 54

Section 55

Section 56

Section 57

Section 58

Section 59

Section 60

Section 61

Section 62

Section 63

Section 64

Section 65

Section 66

Section 67

Section 68

Section 69

Section 70

Section 71

Section 72

Section 73

Section 74

Section 75

Section 76

Section 77

Section 78

Section 79

Section 80

Section 81

Section 82

Section 83

Section 84

Section 85

Section 86

Section 87

Section 88

Section 89

Section 90

Section 91

Section 92

Section 93

Section 94

Section 95

Section 96

Section 97

PART 9

Miscellaneous

Section 98

Part 1

Extension of Monetary Limit of Jurisdiction of Circuit Court

Part 2

Extension of Monetary Limit of Jurisdiction of District Court Acts Referred to Adoption Act 2010 (No. 21) Air Pollution Act 1987 (No. 6) Animal Remedies Act 1993 (No. 23) Attorneys’ and Solicitors’ Act 1870 (33 & 34 Vict. c.28) Bankruptcy Act 1988 (No. 27) Broadcasting Act 2009 (No. 18) Child Care Act 1991 (No. 17) Children Act 2001 (No. 24) Civil Legal Aid Act 1995 (No. 32) Civil Liability and Courts Act 2004 (No. 31) Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24) Consumer Credit Act 1995 (No. 24) Coroners Act 1962 (No. 9) Coroners Acts 1962 and 2005 Courts (Establishment and Constitution) Act 1961 (No. 38) Courts (Supplemental Provisions) Act 1961 (No. 39) Courts (Supplemental Provisions) Acts 1961 to 2012 Courts Act 1971 (No. 36) Courts Act 1981 (No. 11) Courts Act 1991 (No. 20) Courts and Court Officers Act 1995 (No. 31) Courts and Court Officers Act 2002 (No. 15) Courts of Justice Act 1924 (No. 10) Courts of Justice Act 1936 (No. 48) Courts of Justice Act 1947 (No. 20) Criminal Law (Insanity) Act 2006 (No. 11) Data Protection Act 1988 (No. 25) Defamation Act 2009 (No. 31) Defence Act 1954 (No. 18) Domestic Violence Act 1996 (No. 1) Dormant Accounts Act 2001 (No. 32) Enforcement of Court Orders Act 1926 (No. 18) Family Home Protection Act 1976 (No. 27) Family Law (Divorce) Act 1996 (No. 33) Family Law (Maintenance of Spouses and Children) Act 1976 (No. 11) Family Law Act 1981 (No. 22) Family Law Act 1995 (No. 26) Finance Act 2001 (No. 7) Finance Act 2011 (No. 6) Foreshore (Amendment) Act 1992 (No. 17) Harbours Act 1996 (No. 11) Hire-Purchase Acts 1946 and 1960 Hotel Proprietors Act 1963 (No. 7) Juries Act 1976 (No. 4) Legitimacy Act 1931 (No. 13) Local Government (Water Pollution) Act 1977 (No. 1) Maintenance Act 1994 (No. 28) Mental Health Act 2001 (No. 25) Personal Insolvency Act 2012 (No. 44) Prisons Act 2007 (No. 10) Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37) Solicitors (Amendment) Act 1960 (No. 37) Status of Children Act 1987 (No. 26) Waste Management Act 1996 (No. 10) Wildlife (Amendment) Act 2000 (No. 38) Wildlife Act 1976 (No. 39) Number 32 of2013 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 Short title, commencement and collective citations 1. (1) This Act may be cited as the Courts and Civil Law (Miscellaneous Provisions) Act 2013.

(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.

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

PART 2

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

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.”.

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.”.

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.

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.”.

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.”.

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.”.

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.”.

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.”.

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 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.

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.

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.

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 20. (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.

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).

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 .”.

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.”.

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”.

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 Amendment of section 1 of Courts (Establishment and Constitution) Act 1961 22. Section 1(2) (inserted by section 6

PART 5

Juries in Lengthy Trials 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.

PART 6

Legal Aid and Legal Advice in Relation to Coroners’ Inquests 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 60. (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 .

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 Interpretation (Part 7) 26. In this Part “Act of 1988” means the Bankruptcy Act 1988 .

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 ;”.

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”.

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 60. (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.

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.

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.

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.

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.”.

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”.

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.”.

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

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 84. (1) The Official Assignee shall cause an account to be opened— (a) in the Central Bank of Ireland, or (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.

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.”.

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.”.

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 144. (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.

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.

Amendment of section 9 of Personal Insolvency Act 2012 38.

Section 9

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.”.

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”.

Miscellaneous amendments to enactments consequential on transfer of Official Assignee to Insolvency Service 41. (1)

Section 32

(4)

Section 2

PART 8

Amendment of Personal Insolvency Act 2012 Definition (Part 8) 42. In this Part, “Act of 2012” means the Personal Insolvency Act 2012 .

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.”.

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”.

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,”.

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”.

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.”.

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,”.

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.

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”.

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).

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”.

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,”.

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).

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.

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.”.

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.”.

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): “(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.”.

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,”.

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.

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).

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.

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.

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.

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”.

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”.

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.”.

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”.

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”.

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;”.

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)”.

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

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.”.

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.”.

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.”.

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”.

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

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.

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.”.

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.”.

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)”.

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);”.

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.”.

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;”.

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”.

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;”.

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.”.

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.”.

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.”.

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;”.

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

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