Personal Insolvency Act 2012

136.

Prescribed Financial Statement.

136.— F125[(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.]

(2) In making regulations under this section the Insolvency Service may—

(a) prescribe different forms for different circumstances,

(b) prescribe descriptions of income, assets, liabilities and expenditure in respect of which information is to be provided in the completion of a prescribed form including the income, assets and liabilities of persons ordinarily residing with the debtor insofar as that information is reasonably available to the debtor,

(c) provide that personal data and information relating to domestic support orders and sensitive information relating to the health of the debtor and persons residing with the debtor need not be individually particularised in such form where those particulars have been furnished to the approved intermediary or personal insolvency practitioner concerned and to the Insolvency Service.

(3) A Prescribed Financial Statement made under this Act shall be verified by means of a statutory declaration made under the Statutory Declarations Act 1938.

Annotations

Amendments:

F125

Substituted (31.07.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 93, S.I. No. 286 of 2013.

F126

Substituted by Personal Insolvency (Amendment) Act 2021 (10/2021), s. 15, not commenced as of date of revision.

Modifications (not altering text):

C11

Prospective affecting provision: subs. (3) substituted by Personal Insolvency (Amendment) Act 2021 (10/2021), s. 15, not commenced as of date of revision.

F126[(3) A Prescribed Financial Statement made under this Act shall be verified by means of—

(a) a statutory declaration made under the Statutory Declarations Act 1938, or

(b) a confirmation of truth.]

C12

Reference to personal data construed (25.05.2018) by Data Protection Act 2018 (7/2018), ss. 165, S.I. No. 17 of 2018.

Reference to personal data in enactment

165. Subject to this Act, a reference in any enactment to personal data within the meaning of the Act of 1988 shall be construed as including a reference to personal data within the meaning of—

(a) the Data Protection Regulation, and

(b) Part 5.

Editorial Notes:

E66

Power pursuant to section exercised (13.06.2014) by Personal Insolvency Act 2012 (Prescribed Financial Statement) Regulations 2014 (S.I. No. 259 of 2014).

E67

Previous affecting provision: power pursuant to section exercised (28.08.2013) by Personal Insolvency Act 2012 (Prescribed Financial Statement) Regulations 2013 (S.I. No. 326 of 2013); revoked (13.06.2014) by Personal Insolvency Act 2012 (Prescribed Financial Statement) Regulations 2014 (S.I. No. 259 of 2014), reg. 5.