Personal Insolvency Act 2012

9.

Functions of Insolvency Service.

9.β€” (1) Subject to this Act, the principal functions of the Insolvency Service shall be toβ€”

( a) monitor the operation of the arrangements relating to personal insolvency provided for in this Act,

( b) consider applications for Debt Relief Notices in accordance with Chapter 1 of Part 3 ,

( c) process applications for protective certificates in accordance with Chapter 3 or 4 of Part 3 ,

( d) maintain the Registers established under section 133 ,

F7 [ (e) promote public awareness and understanding of matters relating to personal insolvency, and provide information on the working of this Act and of the Bankruptcy Act 1988 , and on related matters including those specified in paragraphs (jb) , (jc) and (jd) , ]

( f) advise the Minister on any matter relating to its functions,

F8 [ (g) in accordance with section 47 β€”

(i) authorise a person or class of persons to perform the functions of an approved intermediary,

(ii) supervise and regulate persons or classes of persons authorised to perform the functions of an approved intermediary, ]

( h) in accordance with Part 5 β€”

(i) authorise individuals to carry on practice as personal insolvency practitioners,

(ii) supervise and regulate persons practising as personal insolvency practitioners,

(iii) perform such functions as are assigned to the Insolvency Service under that Part,

( i) prepare and issue guidelines as to what constitutes a reasonable standard of living and reasonable living expenses under section 23 ,

( j) arrange for the provision of such education and training, in relation to the performance by them of their functions under this Act, of approved intermediaries, personal insolvency practitioners and other persons, as it thinks fit,

F9 [ (ja) subject to section 60 (3) of the Bankruptcy Act 1988 , administer the functions assigned to the Official Assignee by the Bankruptcy Act 1988 or any other enactment, ]

F10 [ (jb) compile, collect, analyse and disseminate information and statistics on the operation of this Act and of the Bankruptcy Act 1988,

(jc) monitor and analyse developments, as respects the situation of insolvent debtors and trends in, and patterns of, debtor and creditor behaviour,

(jd) develop strategies for communicating with the public aimed at promoting the use of insolvency arrangements and enhancing their effective application, ]

( k) contribute to the development of policy in the area of personal insolvency, and

( l) carry out any other duties and exercise any other powers assigned to it by or under this Act.

(2) The Insolvency Service may disseminate, to such extent and in such manner as it considers appropriate, information relating to the services it provides under this Act.

(3) The Insolvency Service may, subject to this Act, do anything which it considers necessary or expedient to enable it to perform its functions.

(4) Any function of the Insolvency Service may, without prejudice to its general responsibilities under this Act, be performed through or by the Director or any member of its staff duly authorised in that behalf by the Director.

(5) The Director or a member of staff of the Insolvency Service who performs any of its functions is presumed in any proceedings to have been authorised by it to do so on its behalf, unless the contrary is shown.

Annotations:

Amendments:

F7

Substituted (29.09.2015) by Personal Insolvency (Amendment) Act 2015 (32/2015), s. 2(a), S.I. No. 414 of 2015.

F8

Substituted (31.07.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 45, S.I. No. 286 of 2013.

F9

Inserted (3.12.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 38, S.I. No. 463 of 2013.

F10

Inserted (29.09.2015) by Personal Insolvency (Amendment) Act 2015 (32/2015), s. 2(b), S.I. No. 414 of 2015.