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(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.

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(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.
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(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.
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(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).
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(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.
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(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.
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(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.”.
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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.

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(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.”.
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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.”.

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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.”.

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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.”.

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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 161. (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: (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; (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; (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;

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(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; (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; (f) the requirements to be met by a personal insolvency practitioner when handling complaints against that personal insolvency practitioner; (g) the standards to be adhered to by personal insolvency practitioners in regard to advertising under this Act; (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— (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.

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(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.”.
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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.”.

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

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Section 37

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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

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(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.”.
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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.

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PART 9

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Miscellaneous 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”.

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SCHEDULE Sections 14 and 15 .

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Part 1

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Extension of Monetary Limit of Jurisdiction of Circuit Court Reference

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(1)Number and Year
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(2)Short Title
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(3)Provision
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(4)1.
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No. 39 of 1976 Wildlife Act 1976 Subparagraph (ii) of the definition of “appropriate court” in paragraph (b), and paragraph (c)(ii)(I), of subsection (1) (inserted by section 69 of the Wildlife (Amendment) Act 2000 ) of section 76 2.

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No. 1 of 1977 Local Government (Water Pollution) Act 1977 Paragraphs (b)(ii) and (c)(ii) of section 10(1) 3.

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No. 22 of 1981 Family Law Act 1981

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Section 8(1)

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4.

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No. 6 of 1987 Air Pollution Act 1987 Paragraphs (b)(ii) and (c)(ii) of section 28A(1) 5.

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No. 17 of 1992 Foreshore (Amendment) Act 1992 Paragraphs (b)(ii) and (c)(ii) of section 6(1) 6.

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No. 23 of 1993 Animal Remedies Act 1993 Subparagraph (ii) of the definition of “appropriate court” in paragraph (a), and paragraph (b)(ii)(I), of section 25(3) 7.

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No. 10 of 1996 Waste Management Act 1996 Paragraphs (b)(ii) and (c)(ii) of section 58(1) 8.

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No. 11 of 1996 Harbours Act 1996 Paragraphs (a) and (b) of subsection (6), and paragraph (b) of subsection (12), of section 14 9.

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No. 7 of 2001 Finance Act 2001

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Section 128(3)(a)(inserted by

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section 46 of the Finance Act 2011 ) 10.

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S.I. No. 116 of 2003 European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations 2003 Paragraphs (7)(b) and (8)(b) of Regulation 28 11.

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S.I. No. 62 of 2004 European Communities (Classification, Packaging and Labelling of Dangerous Preparations) Regulations 2004 Paragraphs (7)(b) and (8)(b) of Regulation 22 12.

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S.I. No. 1 of 2010 European Communities (Placing on the Market of Pyrotechnic Articles) Regulations 2010 Regulation 21(6)(b)

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Part 2

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Extension of Monetary Limit of Jurisdiction of District Court Reference

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(1)Number and Year
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(2)Short Title
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(3)Provisions
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(4)1.
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No. 10 of 1924 Courts of Justice Act 1924 Clauses (i) to (iii) and (v) of paragraph A of section 77 2.

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No. 18 of 1926 Enforcement of Court Orders Act 1926

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Section 22(1)

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3.

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No. 27 of 1976 Family Home Protection Act 1976

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Section 10(5)(b)

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4.

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No. 39 of 1976 Wildlife Act 1976 Subparagraph (i) of the definition of “appropriate court” in paragraph (b), and paragraph (c)(i)(I), of subsection (1) (inserted by section 69 of the Wildlife (Amendment) Act 2000 ) of section 76 5.

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No. 1 of 1977 Local Government (Water Pollution) Act 1977 Paragraphs (b)(i) and (c)(i) of section 10(1) 6.

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No. 22 of 1981 Family Law Act 1981

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Section 8(2)

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7.

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No. 6 of 1987 Air Pollution Act 1987 Paragraphs (b)(i) and (c)(i) of section 28A(1) 8.

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No. 17 of 1992 Foreshore (Amendment) Act 1992 Paragraphs (b)(i) and (c)(i) of section 6(1) 9.

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No. 23 of 1993 Animal Remedies Act 1993 Subparagraph (i) of the definition of “appropriate court” in paragraph (a), and paragraph (b)(i)(I), of section 25(3) 10.

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No. 26 of 1995 Family Law Act 1995

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Section 42(4)

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11.

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No. 10 of 1996 Waste Management Act 1996 Paragraphs (b)(i) and (c)(i) of section 58(1) 12.

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No. 11 of 1996 Harbours Act 1996

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Section 14(6)

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13.

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No. 7 of 2001 Finance Act 2001

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Section 128(3)(b) (inserted by

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section 46 of the Finance Act 2011 ) 14.

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S.I. No. 116 of 2003 European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations 2003 Paragraphs (7)(a) and (8)(a) of Regulation 28 15.

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S.I. No. 62 of 2004 European Communities (Classification, Packaging and Labelling of Dangerous Preparations) Regulations 2004 Paragraphs (7)(a) and (8)(a) of Regulation 22 16.

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S.I. No. 1 of 2010 European Communities (Placing on the Market of Pyrotechnic Articles) Regulations 2010 Regulation 21(6)(a) Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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