Personal Insolvency (Amendment) Act 2021

• Jurisdiction: Ireland

Number 10 of 2021
PERSONAL INSOLVENCY (AMENDMENT) ACT 2021
CONTENTS
1. Definition
2. Amendment of section 26 of Principal Act
3. Amendment of section 27 of Principal Act
4. Amendment of section 29 of Principal Act
5. Amendment of section 49 of Principal Act
6. Amendment of section 54 of Principal Act
7. Performance by others of certain functions of personal insolvency practitioner
8. Amendment of section 57 of Principal Act
9. Amendment of section 59 of Principal Act
10. Amendment of section 61 of Principal Act
11. Amendment of section 91 of Principal Act
12. Amendment of section 93 of Principal Act
13. Amendment of section 95 of Principal Act
14. Amendment of section 115A of Principal Act
15. Amendment of section 136 of Principal Act
16. Confirmation of truth
17. Amendment of section 161 of Principal Act
18. Short title, collective citation and commencement
Acts Referred to
Personal Insolvency Act 2012 (No. 44)
Personal Insolvency Acts 2012 to 2015
Statutory Declarations Act 1938 (No. 37)
Number 10 of 2021
PERSONAL INSOLVENCY (AMENDMENT) ACT 2021
An Act to amend the Personal Insolvency Act 2012 to amend the eligibility criteria for Debt Relief Notices; to make provision for the holding of certain meetings under that Act by remote means; to make further provision in relation to the maximum duration of a Personal Insolvency Arrangement; to provide for the performance of certain functions of a personal insolvency practitioner by other persons in certain circumstances; to provide for the extension of the period of a protective certificate in Debt Settlement Arrangements and Personal Insolvency Arrangements; to extend the time limit for applying for a court review of a proposed Personal Insolvency Arrangement; to amend the conditions for a court review of a proposed Personal Insolvency Arrangement; to make provision for the making of confirmations of truth; and to provide for related matters.
[26th May, 2021]
Be it enacted by the Oireachtas as follows:
		Definition
1. In this Act “Principal Act” means the Personal Insolvency Act 2012 .
		Amendment of section 26 of Principal Act
2. Section 26 of the Principal Act is amended in subsection (2)(c) by the substitution of “€1,500” for “€400”.
		Amendment of section 27 of Principal Act
3. Section 27 of the Principal Act is amended by the insertion of the following subsections after subsection (2):
	“(2A) For the purposes of subsection (2), ‘meeting’ means a consultation between the approved intermediary and the debtor held in accordance with any regulations made under this section and at which—
	(a) both are present in person at the same time and in the same place, or
	(b) both are not present in person in the same place, but each is able, by means of electronic communications technology, to speak to, to see and to hear the other.
	(2B) The Insolvency Service, with the consent of the Minister, may, and if directed by the Minister to do so and in accordance with the terms of the directions, shall, make regulations in relation to the holding and conduct of meetings referred to in paragraph (a) or (b) of subsection (2A).
	(2C) Without prejudice to the generality of subsection (2B), regulations under that subsection may provide for—
	(a) the circumstances in which a meeting referred to in subsection (2A)(b) shall not be held,
	(b) the form of electronic communications technology that shall not be used in a meeting referred to in subsection (2A)(b), and
	(c) the conduct of meetings referred to in subsection (2A).
	(2D) In making regulations under this section the Insolvency Service shall have regard to:
	(a) the need to protect debtors and creditors who are or may become specified debtors or specified creditors;
	(b) the importance of—
	(i) ensuring effective access to, and participation in, meetings referred to in subsection (2A) by debtors, and
	(ii) supporting the development of a relationship of trust and mutual confidence between debtors and approved intermediaries;
	(c) the need, including having regard to the financial situation of debtors, to ensure efficiency and timeliness in the holding of meetings referred to in subsection (2A);
	(d) the differing needs of debtors (including having regard to age, health, resources, geographical location, access to private or public transport, access to and familiarity with electronic communications technology, working hours and family and other obligations, including caring obligations) in respect of their participation in a meeting referred to in subsection (2A);
	(e) the need to ensure that public confidence in the operation of the Debt Relief Notice process is maintained;
	(f) any other factor that the Insolvency Service considers relevant in ensuring the effective conduct of meetings referred to in subsection (2A).
	(2E) In this section, ‘electronic communications technology’, in relation to a meeting referred to in subsection (2A)(b), means technology that enables real time transmission and real time two-way audio-visual communication.”.
		Amendment of section 29 of Principal Act
4. Section 29 of the Principal Act is amended in subsection (2)(c) by the insertion of “or a confirmation of truth” after “statutory declaration”.
		Amendment of section 49 of Principal Act
5. Section 49 of the Principal Act is amended—
	(a) in subsection (2), by the deletion of “, or an employee of that personal insolvency practitioner acting under his or her direction and control,”, and
	(b) by the insertion of the following subsections after subsection (2):
	“(2A) For the purposes of subsection (2), ‘meeting’ means a consultation between the personal insolvency practitioner and the debtor, held in accordance with any regulations made under this section and at which—
	(a) both are present in person at the same time and in the same place, or
	(b) both are not present in person in the same place, but each is able, by means of electronic communications technology, to speak to, to see and to hear the other.
	(2B) The Insolvency Service, with the consent of the Minister, may, and if directed by the Minister to do so and in accordance with the terms of the directions, shall, make regulations in relation to the holding and conduct of meetings referred to in paragraph (a) or (b) of subsection (2A).
	(2C) Without prejudice to the generality of subsection (2B), regulations under that subsection may provide for—
	(a) the circumstances in which a meeting referred to in subsection (2A)(b) shall not be held,
	(b) the form of electronic communications technology that shall not be used in a meeting referred to in subsection (2A)(b), and
	(c) the conduct of meetings referred to in subsection (2A).
	(2D) In making regulations pursuant to this section the Insolvency Service shall have regard to:
	(a) the need to protect debtors and creditors who are or may become parties to Debt Settlement Arrangements or Personal Insolvency Arrangements;
	(b) the importance of—
	(i) ensuring effective access to, and participation in, meetings referred to in subsection (2A) by debtors, and
	(ii) supporting the development of a relationship of trust and mutual confidence between debtors and personal insolvency practitioners;
	(c) the need, having regard to the financial situation of debtors, to ensure efficiency and timeliness in the holding of meetings referred to in subsection (2A);
	(d) the differing needs of debtors (including having regard to age, health, resources, geographical location, access to private or public transport, access to and familiarity with electronic communications technology, working hours and family and other obligations, including caring obligations) in respect of their participation in a meeting referred to in subsection (2A);
	(e) the need to ensure that public confidence in the operation of the Debt Settlement Arrangement and Personal Insolvency Arrangement processes is maintained;
	(f) any other factor that the Insolvency Service considers relevant in ensuring the effective conduct of meetings referred to in subsection (2A).
	(2E) In this section, ‘electronic communications technology’, in relation to a meeting referred to in subsection (2A)(b), means technology that enables real time transmission and real time two-way audio-visual communication.”.
		Amendment of section 54 of Principal Act
6. Section 54 of the Principal Act is amended in paragraph (d) by the substitution of “6 years” for “5 years” in the second place that it occurs.
		Performance by others of certain functions of personal insolvency practitioner
7. The Principal Act is amended by the insertion of the following section after section 54:
	“54A. (1) Subject to any regulations made under subsection (4), nothing in this Act shall be taken to prevent any person (not being a personal insolvency practitioner)—
	(a) employed by a personal insolvency practitioner or by a partnership in which a personal insolvency practitioner is a partner, or
	(b) having a common employer with a personal insolvency practitioner,
	from performing, when requested to do so by the personal insolvency practitioner (in this subsection referred to as the ‘requesting personal insolvency practitioner’) and under the requesting personal insolvency practitioner’s direction and control, any function (or any act in relation to such function) that is authorised or required by or under this Act to be performed by the requesting personal...