Personal Insolvency Act 2012

49C.

F45 [ Termination of appointment of a personal insolvency practitioner due to death, incapacity or withdrawal of authorisation

49C . (1) Where a personal insolvency practitioner appointed under section 49(3) ( the original personal insolvency practitioner )

(a) dies,

(b) becomes incapable, through ill-health or otherwise, of performing the functions of a personal insolvency practitioner, or

(c) is no longer authorised to perform the functions of a personal insolvency practitioner under this Act,

the debtor shall, as soon as practicable after becoming aware of that fact, or of being informed of such by the Insolvency Service, and in any event no later than three months thereafter, appoint a replacement personal insolvency practitioner (in this section referred to as a replacement personal insolvency practitioner ) to act as his or her personal insolvency practitioner for the purposes of Chapter 3 or 4 , as the case may be.

(2) Where the debtor appoints a replacement personal insolvency practitioner under subsection (1), he or she shall, as soon as practicable thereafter, inform the Insolvency Service of that fact.

(3) Where a replacement personal insolvency practitioner has been appointed under subsection (1) , he or she, as soon as practicable thereafter, shall inform the Insolvency Service and the creditors concerned of that fact.

(4) Where a replacement personal insolvency practitioner is appointed by the debtor

(a) that appointment shall not affect the validity of anything previously done under this Chapter, Chapter 3 or Chapter 4 , as the case may be, by the original personal insolvency practitioner,

(b) a protective certificate, Debt Settlement Arrangement or a Personal Insolvency Arrangement that is in effect as regards the debtor shall continue to have effect, and

(c) references in this Act to a personal insolvency practitioner, in relation to the debtor concerned, shall be construed as including references to the replacement personal insolvency practitioner so appointed. ]