Personal Insolvency Act 2012

34.

Duration of Debt Relief Notice.

34.— (1) Subject to this section, the period for which a Debt Relief Notice shall remain in effect (“supervision period”) is the period of 3 years from the date on which its issue is recorded under section 33(4).

(2) The appropriate court, on application to it by the Insolvency Service, may extend the supervision period where it is satisfied that such extension is necessary in order to allow the Insolvency Service to—

(a) carry out or complete an investigation under section 40, or

(b) take any other action it considers necessary (whether as a result of such an investigation or otherwise) in relation to the Notice concerned.

(3) The appropriate court may extend the supervision period for the purposes of determining an application under section 42, 43 or 44.

(4) Notwithstanding subsections (1) to (3), a Debt Relief Notice shall cease to have effect on the date—

(a) on which the termination of the Notice, under section 42, 43 or 44, takes effect, or

(b) on which it ceases to have effect under F30[section 37(3) (as amended by section 55 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013)].

(5) The registrar of the appropriate court shall notify the Insolvency Service F31[] where a supervision period is extended under subsection (2) or (3) or under section 41(3)(c), 42(3)(c), 43(5)(b) or 44(4)(b).

(6) On receiving the notification referred to in subsection (5), the Insolvency Service shall—

(a) send a notice to the specified debtor and each specified creditor, informing them of the extension, and

(b) record the extension in the Register of Debt Relief Notices.

Annotations

Amendments:

F30

Substituted (31.07.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 52(a), S.I. No. 286 of 2013.

F31

Deleted (31.07.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 52(b), S.I. No. 286 of 2013.