Personal Insolvency Act 2012

25.

Interpretation of Chapter 1.

25.— In this Chapter—

“Act of 1995” means the Consumer Credit Act 1995;

“application date” means the date on which an application under section 29 for a Debt Relief Notice is made to the Insolvency Service;

“approved intermediary” means a person authorised under section 47 to perform the functions of an approved intermediary under this Chapter;

F18 [ debt , in relation to a debtor, means a debt for a liquidated sum that, on the application date, is payable either immediately or at some certain future time; ]

“Debt Relief Notice” means a Debt Relief Notice issued under section 31 ;

“Debt Relief Notice process” in relation to a debtor, means the process that commences with the submission of a written statement by the debtor under section 27(1) and which concludes, as the case may be, when—

( a) the debtor’s application for a Debt Relief Notice is withdrawn, deemed to be withdrawn or refused, in accordance with this Chapter, or

( b) the Debt Relief Notice issued in relation to that debtor ceases to have effect in accordance with this Chapter;

“qualifying debt” in relation to a debtor, means a debt other than an excluded debt and—

( a) includes the following:

(i) credit card debt;

(ii) an overdraft or an unsecured loan from a bank or other entity regulated by the Central Bank of Ireland which carries on business in the State and is regulated by the Central Bank of Ireland;

(iii) debt for payment of one or more than one bill in respect of rent, utilities or telephone;

(iv) liquidated debts incurred by the debtor as surety for another person, F19 [ ]

( b) subject to sections 35(9) and 46 , may include a secured debt, and

( c) does not include an excludable debt, unless it is a permitted debt;

“specified creditor” shall be construed in accordance with section 32(c)(ii) and references to a specified creditor include a reference to any person to whom the right to claim the whole or any part of a specified qualifying debt concerned passes, by assignment or operation of law, after the application date concerned;

“specified debtor” means a person who is the subject of a Debt Relief Notice and, in relation to a particular Debt Relief Notice, means the person who is the subject of that Notice in accordance with section 32(a) ;

“specified qualifying debts” shall be construed in accordance with section 32(b) ;

“supervision period” shall be construed in accordance with section 34 and includes a supervision period as extended under that section;

“termination”, in relation to a Debt Relief Notice, means its termination by order of a court under section 43 or 44 .