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(a) the debtor’s application for a Debt Relief Notice is withdrawn, deemed to be withdrawn or refused, in accordance with this Chapter, or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

26.— (1) Subject to the provisions of this Chapter, a debtor shall not be eligible for the issue of a Debt Relief Notice unless an application for such a Notice is made on his or her behalf in accordance with section 29, and he or she satisfies the eligibility criteria specified in subsection (2).

(2) Subject to this section, the eligibility criteria referred to in subsection (1) are that the debtor, on the application date:

(a) has qualifying debts that amount to F20[€35,000] or less;

(b) has net disposable income, calculated in accordance with subsection (5), of €60 or less a month;

(c) has assets, calculated in accordance with subsection (6), worth F21[€1,500] or less;

(d) is domiciled in the State or, within one year before the application date, has ordinarily—

(i) resided in the State, or

(ii) had a place of business in the State;

(e) is, taking into account the factors referred to in subsection (7), insolvent and has no likelihood of becoming solvent within the period of 3 years commencing on the application date, while also maintaining a reasonable standard of living for himself or herself and his or her dependants;

(f) has not, during the period of 2 years ending on the application date—

(i) entered into a transaction with a person at an undervalue that has materially contributed to the debtor’s inability to pay his or her debts (other than any debts due to the person with whom the debtor entered the transaction at an undervalue), or

(ii) given a preference to a person that has had the effect of substantially reducing the amount available to the debtor for the payment of his or her debts (other than a debt due to the person who received the preference);

(g) is not ineligible under subsection (4) or (8) for the issue of a Debt Relief Notice.

(3) Where section 135 has been applied—

(a) references in paragraphs (a) and (c) of subsection (2) to a debtor’s debts and assets, and

(b) references in subsection (6)(b)(i) to the debtor’s savings,

shall be construed as referring to the amounts concerned after such set-off.

(4) F22[…]

(5) For the purposes of subsection (2)(b)—

(a) “net disposable income” means the income available to a debtor, calculated in accordance with paragraph (b), less the deductions referred to in paragraph (c),

(b) the following, in relation to a debtor, shall be taken into account in calculating his or her income—

(i) his or her salary or wages,

(ii) the welfare benefits (other than child benefit) of which he or she is in receipt,

(iii) his or her income from a pension,

(iv) contributions from other household members, and

(v) any other income available to him or her,

and

(c) the following (where applicable), in relation to a debtor, shall be deducted from the sum calculated under paragraph (b):

(i) his or her reasonable living expenses;

(ii) income tax payable by him or her;

(iii) social insurance contributions payable by him or her;

(iv) payments made by him or her in respect of excluded debts;

(v) payments made by him or her in respect of excludable debts that are not permitted debts;

(vi) such other levies and charges on the specified debtor’s income as may be prescribed.

(6) In calculating a debtor’s assets for the purposes of subsection (2)(c)—

(a) the value of an asset shall be taken to be its market value, irrespective of any mortgage, charge or other security to which it is subject,

(b) the items which shall be taken into account include—

(i) savings;

(ii) subject to paragraph (c)(iii), vehicles;

(iii) shares;

(iv) property (real and personal),

(c) the following shall not be taken into account:

(i) the following items, to a total value that does not exceed €6,000—

(I) household equipment and appliances that are reasonably necessary to maintain a reasonable standard of living for the debtor and his or her dependants, and

(II) books, tools and other items of equipment used by him or her that are reasonably necessary in his or her employment, business or vocation;

(ii) one item of personal jewellery to a value not exceeding €750 or such other value as the Minister may prescribe, where the cost of purchase of that item is not included in the qualifying debts of the debtor for the purposes of subsection (2)(a);

(iii) one motor vehicle, where that motor vehicle is reasonably necessary in order for him or her to carry out his or her everyday activities and—

(I) is worth €2,000 or less, or is worth such other amount as the Minister may prescribe, where the cost of purchase of that item is not included in the qualifying debts of the debtor for the purposes of subsection (2)(a), or

(II) where the debtor, or his or her dependant, has a disability, has been specially designed or adapted for use by the debtor or that dependant, as the case may be;

(iv) where the debtor or his or her dependant is attending a course of primary or second-level education, books, materials and other items of equipment that are reasonably necessary to enable the debtor or that dependant, as the case may be, to participate in and complete that course,

(v) any interest in or entitlement under a relevant pension arrangement unless subsection (12) applies.

(7) The factors to be taken into account for the purposes of subsection (2)(e) are—

(a) the current liabilities of the debtor,

(b) the contingent and prospective liabilities of the debtor and (insofar as is ascertainable) the times at which such liabilities will become due for payment,

(c) the current and prospective assets and income of the debtor, and

(d) guidelines issued under section 23.

(8) A debtor is ineligible for the issue of a Debt Relief Notice where—

(a) he or she has ever been a specified debtor,

(b) he or she has applied for a protective certificate under Chapter 3 or 4 within the period of 12 months ending on the application date,

(c) he or she, as a debtor, is, as of the application date, a party to a Debt Settlement Arrangement or a Personal Insolvency Arrangement which is in effect,

(d) he or she, as a debtor, has successfully completed a Debt Settlement Arrangement or a Personal Insolvency Arrangement within the period of 5 years ending on the application date,

(e) subject to subsection (9), he or she has applied for bankruptcy and the petition concerned has not been adjudicated before the application date,

(f) subject to subsection (10), a creditor has, before the application date, petitioned to make the debtor bankrupt but the hearing concerned has not yet taken place,

(g) he or she has, before the application date, been adjudicated bankrupt and the adjudication has not been annulled or discharged,

(h) he or she is, as of the application date, a discharged bankrupt subject to a bankruptcy payment order,

(i) he or she is, as a debtor, subject, as of the application date, to an arrangement under the control of the court under Part IV of the Bankruptcy Act 1988, or

(j) he or she has been discharged from bankruptcy within the period of 5 years ending on the application date.

(9) Subsection (8)(e) shall not apply where the petition concerned—

(a) has not been presented before the date on which the application for the Debt Relief Notice is determined under section 31,

(b) has been so presented, but proceedings on the petition have been finally disposed of before that date, or

(c) has been so presented and proceedings in relation to the petition remain before the High Court at that date, but the Court has referred the person for the purposes of making an application for a Debt Settlement Arrangement or Personal Insolvency Arrangement.

(10) Subsection (8)(f) shall not apply where the petition concerned—

(a) has not been presented against the person before the application date,

(b) has been so presented, but proceedings on the petition have been finally disposed of before that date, or

(c) has been so presented and proceedings in relation to the petition remain before the Court at that date, but the making of an application for a Debt Relief Notice has been consented to by the creditor or the person who presented the petition on the creditor’s behalf.

(11) In determining what constitutes reasonable living expenses or a reasonable standard of living for the purposes of this section, regard shall be had to guidelines issued under section 23.

(12) Where this subsection applies and a debtor has an interest in or entitlement under a relevant pension arrangement which would, if the debtor performed an act or exercised an option, cause that debtor to receive from or at the request of the person administering that relevant pension arrangement—

(a) an income, or

(b) an amount of money other than income,

in accordance with the relevant provisions of the Taxes Consolidation Act 1997, that debtor shall be considered as being in receipt of such income or amount of money.

(13) Subsection (12) applies where the debtor—

(a) is entitled at the date of the making of the application for a Debt Relief Notice,

(b) was entitled at any time before the date of the making of the application for a Debt Relief Notice, or

(c) will become entitled within 6 months of the date of the making of the application for a Debt Relief Notice,

to perform the act or exercise the option referred to in subsection (12).

27.— (1) A debtor who wishes to become a specified debtor shall submit to an approved intermediary a written statement disclosing all of the debtor’s financial affairs, which statement shall include—

(a) such information as may be prescribed in relation to—

(i) his or her creditors,

(ii) his or her debts and other liabilities,

(iii) his or her assets, and

(iv) the efforts made by him or her to reach an alternative repayment arrangement with his or her creditors, and

(b) such other information as may be prescribed.

(2) Following receipt of the information referred to in subsection (1), the approved intermediary shall hold a meeting with the debtor and, at that meeting, provide, on the basis of the information, the debtor with the following information and advice—

(a) whether the debtor satisfies the criteria specified in section 26(2),

(b) the general effect of making an application under section 29, and the consequences, including any adverse consequences, for the debtor in the event of his or her becoming a specified debtor,

(c) the other option or options (if any) available to him or her for addressing his or her financial difficulties including, in particular, becoming party to a Debt Settlement Arrangement, Personal Insolvency Arrangement or bankruptcy, and the general effect of choosing one or more than one of those options,

(d) the fee (if any) that is prescribed for making an application under section 29.

F23[(2A) For the purposes of subsection (2), "meeting" means a consultation between the approved intermediary and the debtor held in accordance with any regulations made under this section and at which—

(a) both are present in person at the same time and in the same place, or

(b) both are not present in person in the same place, but each is able, by means of electronic communications technology, to speak to, to see and to hear the other.

(2B) The Insolvency Service, with the consent of the Minister, may, and if directed by the Minister to do so and in accordance with the terms of the directions, shall, make regulations in relation to the holding and conduct of meetings referred to in paragraph (a) or (b) of subsection (2A).

(2C) Without prejudice to the generality of subsection (2B), regulations under that subsection may provide for—

(a) the circumstances in which a meeting referred to in subsection (2A)(b) shall not be held,

(b) the form of electronic communications technology that shall not be used in a meeting referred to in subsection (2A)(b), and

(c) the conduct of meetings referred to in subsection (2A).

(2D) In making regulations under this section the Insolvency Service shall have regard to:

(a) the need to protect debtors and creditors who are or may become specified debtors or specified creditors;

(b) the importance of—

(i) ensuring effective access to, and participation in, meetings referred to in subsection (2A) by debtors, and

(ii) supporting the development of a relationship of trust and mutual confidence between debtors and approved intermediaries;

(c) the need, including having regard to the financial situation of debtors, to ensure efficiency and timeliness in the holding of meetings referred to in subsection (2A);

(d) the differing needs of debtors (including having regard to age, health, resources, geographical location, access to private or public transport, access to and familiarity with electronic communications technology, working hours and family and other obligations, including caring obligations) in respect of their participation in a meeting referred to in subsection (2A);

(e) the need to ensure that public confidence in the operation of the Debt Relief Notice process is maintained;

(f) any other factor that the Insolvency Service considers relevant in ensuring the effective conduct of meetings referred to in subsection (2A).

(2E) In this section, ‘electronic communications technology’, in relation to a meeting referred to in subsection (2A)(b), means technology that enables real time transmission and real time two-way audio-visual communication.]

(3) Where the debtor, following the meeting referred to in subsection (2), wishes to apply for a Debt Relief Notice, he or she shall confirm that fact in writing to the approved intermediary.

F24[(4) The debtor, as soon as practicable after he or she has made the confirmation referred to in subsection (3), shall—

(a) provide information that fully discloses his or her financial affairs to the approved intermediary, and

(b) give his or her written consent to the—

(i) making by the approved intermediary of an enquiry under subsection (9), and

(ii) disclosure by the approved intermediary of personal data of the debtor, to the extent necessary for such an enquiry.]

(5) The approved intermediary, on receipt of the information referred to in subsection (4), shall examine that information and, having regard to the obligation of the debtor under subsections (7) and (8), assist the debtor in completing a Prescribed Financial Statement.

(6) On completion of a Prescribed Financial Statement under subsection (5), the approved intermediary, if he or she is of the opinion that—

F25[(a) the information contained in the debtor’s Prescribed Financial Statement is true and accurate in all material respects, and]

(b) the debtor satisfies the eligibility criteria specified in section 26(2),

shall prepare a statement to that effect.

(7) A debtor who participates in the Debt Relief Notice process (including a debtor who becomes a specified debtor), is at all times under an obligation to act in good faith and to co-operate fully in the process.

(8) A person referred to in subsection (7), in his or her dealings with the approved intermediary concerned, shall—

(a) make full and honest disclosure to that approved intermediary of all of his or her assets, income and liabilities and of all other circumstances that are relevant to that process,

(b) comply with any reasonable request from the approved intermediary to provide assistance, documents and information, including any debt, tax, employment, business, social welfare or other financial records, necessary for the application of the process to the debtor’s case or the performance of the approved intermediary’s functions, and

(c) ensure that, to the best of his or her knowledge, the Prescribed Financial Statement completed under this section is true, accurate and complete.

F24[(9) The approved intermediary may, for the purposes of subsections (5) and (6), make such enquiries as he or she considers appropriate to verify the value of a debt or other liability disclosed by the debtor under this section.

(10) Where a creditor who receives an enquiry from the approved intermediary pursuant to this section does not furnish the information requested within 21 days of the making of the enquiry, the approved intermediary shall be entitled for the purposes of subsection (6) to presume that the value of the debt or liability concerned is that disclosed by the debtor.]

28.— (1) A Debt Relief Notice shall be issued in respect of an excludable debt only where the creditor concerned has consented, or is deemed to have consented, in accordance with this section, to the issue of such a Debt Relief Notice.

(2) Where a debtor who wishes an application under section 29 to be made on his or her behalf wishes the Debt Relief Notice concerned to be issued in respect of an excludable debt, the approved intermediary concerned shall, without delay, notify the creditor concerned of that fact, which notification shall be accompanied by—

(a) such information about the debtor’s affairs (including his or her creditors, debts, liabilities, income and assets) as may be prescribed, and

(b) a request in writing that the creditor confirm, in writing, whether or not the creditor consents, for the purposes of this section, to the Debt Relief Notice being issued in respect of the debt.

(3) A creditor shall comply with a request under subsection (2)(b) within 21 days of receipt of the notification under that subsection.

(4) Where a creditor does not comply with subsection (3), the creditor shall be deemed to have consented to the issue of a Debt Relief Notice in respect of the debt concerned.

(5) In this Chapter, “permitted debt” means an excludable debt to which subsection (1) applies.

29.— (1) An application for a Debt Relief Notice may only be made—

(a) on behalf of a debtor who has made the confirmation referred to in section 27(3), and

(b) by an approved intermediary who is satisfied, in relation to that debtor, of the matters referred to in paragraphs (a) and (b) of section 27(6).

(2) An application referred to in subsection (1) shall be made to the Insolvency Service, shall be in such form as may be prescribed by the Insolvency Service and shall be accompanied by such fee (if any) as may be prescribed and the following documents—

(a) a copy of the statement made by the approved intermediary under section 27 (6);

(b) a document signed by the debtor confirming that he or she satisfies the eligibility criteria specified in section 26(2);

F26[(c) the Prescribed Financial Statement completed under section 27, in relation to which the statement referred to in paragraph (a) was made, and a statutory declaration made by the debtor confirming that the Prescribed Financial Statement is a complete and accurate statement of the debtor’s assets, liabilities, income and expenditure;]

(d) a schedule of the creditors of the debtor and the F26[debts concerned, as specified in the Prescribed Financial Statement referred to in paragraph (c)], stating in relation to each such creditor—

(i) the amount of each debt due to that creditor,

(ii) whether the creditor concerned is a secured creditor and, if so, the details of any security held in respect of the debt concerned, and

(iii) where the debt is an excludable debt, whether that debt is a permitted debt within the meaning of section 28;

(e) the debtor’s written consent to—

(i) the disclosure to the Insolvency Service,

(ii) the processing by the Insolvency Service, and

(iii) the disclosure by the Insolvency Service to creditors of the debtor concerned,

of personal data of that debtor, to the extent necessary in respect of the Debt Relief Notice process;

(f) the debtor’s written consent to the making of any enquiry under section 30 relating to the debtor by the Insolvency Service;

(g) a document signed by the debtor stating whether, to the best of his or her knowledge, there is any judgment or court order in force against him or her which relates to a debt which is a qualifying debt;

(h) such other information about the debtor’s affairs (including his or her creditors, debts, liabilities, income and assets) as may be prescribed.

(3) A debtor on whose behalf an application under subsection (1) has been made shall notify the approved intermediary concerned as soon as practicable if the debtor becomes aware of—

(a) any error in, or omission from, the information supplied to the Insolvency Service in, or in support of, the application;

(b) any material change in his or her circumstances between the application date and the date on which the application is reviewed under section 31(2) that would affect the debtor’s eligibility for the issue of a Debt Relief Notice.

(4) An approved intermediary who receives information under subsection (3) shall, without delay, furnish that information to the Insolvency Service.

(5) An application under this section may be withdrawn by the approved intermediary at any time prior to the issue of a Debt Relief Notice under section 31.

30.— (1) For the purpose of its consideration of an application under section 29, the Insolvency Service shall be entitled to request from the approved intermediary any further information it requires and to defer further consideration of the application until such information is furnished to it.

(2) Where an approved intermediary fails to provide the information requested by the Insolvency Service under subsection (1) within 14 days or such longer period as the Insolvency Service may permit, the application shall be deemed to be withdrawn.

(3) Subject to subsection (4), in considering the application for a Debt Relief Notice, the Insolvency Service shall make such enquiries as it considers necessary to satisfy itself that—

(a) the approved intermediary is a person entitled under this Act to act as an approved intermediary, and

(b) having regard to the information received under section 29 and subsection (1) the debtor satisfies the eligibility criteria specified in section 26(2).

(4) Subject to subsections (5) to (7), for the purposes of subsection (3) the Insolvency Service shall be entitled to presume that the debtor satisfies the eligibility criteria for a Debt Relief Notice set out in section 26(2) if the documents required under section 29 to accompany the application have accompanied it and the Insolvency Service has no reason to believe that the information supplied in or in support of the application, including information furnished to it under section 29(4), is incomplete or inaccurate.

(5) The Insolvency Service may make such enquiries as it considers appropriate to verify the completeness or accuracy of any matter referred to in the Prescribed Financial Statement of the debtor or in relation to the assets, liabilities, income or expenditure of the debtor.

(6) Without prejudice to the generality of subsection (5) the matters in respect of which the Insolvency Service may make an enquiry include the following:

(a) particulars relating to bank accounts, securities or other accounts held, solely or jointly, by or for the benefit of the debtor with financial institutions or financial intermediaries in the State or abroad;

(b) particulars relating to assets of the debtor and the value of such assets;

(c) particulars of the liabilities of the debtor;

(d) the employment and income of the debtor;

(e) payments received by the debtor from the Department of Social Protection, other Departments of State, local authorities or other State bodies or agencies, and whether or not such payments are made as agent of any other person;

(f) taxes or charges imposed by or under statute paid or owed by the debtor, whether within or outside the State and refunds in respect of such taxes and charges which are or may become due to the debtor.

(7) Nothing in this section shall be construed as requiring the Insolvency Service to make an enquiry in any case.

(8) A person who receives an enquiry from the Insolvency Service pursuant to this section shall furnish the information requested as soon as practicable.

(9) Notwithstanding anything contained in any enactment, for the purposes of the performance of the functions of the Insolvency Service under this Chapter, information held by the Department of Social Protection, other Departments of State, the Revenue Commissioners, local authorities or other State bodies or agencies in relation to a debtor may be furnished to the Insolvency Service.

31.— (1) Where the Insolvency Service, following its consideration under section 30—

(a) is satisfied that an application under section 29 is in order, it shall—

(i) issue a certificate to that effect,

F28[(ii) furnish that certificate together with a copy of the application and the supporting documentation (other than the documents referred to in section 29(2)(e) and (f)) to the appropriate court, and]

(iii) notify the approved intermediary to that effect, and

(b) is not so satisfied, it shall notify the approved intermediary to that effect.

(2) Where the appropriate court receives the application and accompanying documentation pursuant to subsection (1)(a), it shall consider the application and documentation and, subject to subsection (3)—

(a) if satisfied that the criteria specified in section 26(2) have been satisfied, shall issue a Debt Relief Notice in respect of the debts specified in the application under section 29 which it is satisfied are qualifying debts, and

(b) if not so satisfied, shall refuse to issue a Debt Relief Notice.

(3) The appropriate court, where it requires further information or evidence for the purpose of its arriving at a decision under subsection (2), may hold a hearing, which hearing shall be on notice to the Insolvency Service and the approved intermediary concerned.

(4) F29[…]

(5) The registrar of the appropriate court shall notify the Insolvency Service where the appropriate court—

(a) issues a Debt Relief Notice under this section,

(b) refuses an application under subsection (2)(b), or

(c) decides to hold a hearing referred to in subsection (3).

(6) In considering an application under this section the appropriate court shall be entitled to treat a certificate issued by the Insolvency Service under subsection (1) as evidence of the matters certified therein.

32.— A Debt Relief Notice issued under section 31 shall specify—

(a) the debtor who is the subject of the Notice,

(b) the debts (“specified qualifying debts”), referred to in section 31(2), in respect of which the Notice has been issued, and

(c) in relation to each specified qualifying debt—

(i) the value of the debt on the application date, and

(ii) the creditor (“specified creditor”) to whom it is owed.

33.— (1) On receiving the notification referred to in section 31(5)(a), the Insolvency Service shall, as soon as practicable—

(a) notify the approved intermediary concerned that the Debt Relief Notice has been issued,

(b) send the notice referred to in subsection (2) to the specified debtor,

(c) send the notice referred to in subsection (3) to each specified creditor, and

(d) comply with subsection (4).

(2) A notice under subsection (1)(b) shall inform the specified debtor of the issue of a Debt Relief Notice in respect of which he or she is the specified debtor, and shall be accompanied by—

(a) a copy of the Notice, and

(b) a statement of the obligations during the supervision period of a specified debtor under this Chapter.

(3) A notice under subsection (1)(c) shall inform the specified creditor concerned of the issue of a Debt Relief Notice in respect of which he or she is a specified creditor, and shall be accompanied by—

(a) a copy of the Notice,

(b) a statement of the specified qualifying debt or debts in respect of which he or she is the specified creditor,

(c) a statement of his or her right under section 43 to object to the inclusion, in the Debt Relief Notice, of a specified qualifying debt referred to in paragraph (b), and

(d) a copy of the Prescribed Financial Statement completed under section 27.

(4) The Insolvency Service complies with this subsection by recording on the Register of Debt Relief Notices—

(a) the fact that the Debt Relief Notice has been issued,

(b) the date on which the Debt Relief Notice was issued,

(c) the name and address of the specified debtor concerned, and

(d) such other details as may be prescribed under section 133(3)(b).

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.

35.— (1) Subject to this section, a specified creditor shall not, during the supervision period concerned—

(a) initiate any legal proceedings in relation to a specified qualifying debt,

(b) take any step to prosecute any such legal proceedings already initiated,

(c) take any step to secure or recover payment of a specified qualifying debt,

(d) execute or enforce a judgment or order of a court or tribunal against the debtor in respect of a specified qualifying debt,

F32[(e) take any step to recover goods in the possession or custody of the debtor, unless title to the goods is vested in the specified creditor or the specified creditor holds security over the goods,]

(f) contact the specified debtor regarding payment of a specified qualifying debt, otherwise than at the request of the debtor, or

(g) in relation to an agreement with the specified debtor, other than a security agreement, by reason only that the debtor is insolvent or that the Debt Relief Notice concerned is in effect—

(i) terminate or amend that agreement, or

(ii) claim an accelerated payment under that agreement.

(2) A specified creditor shall not, during the supervision period concerned, in respect of a specified qualifying debt, present, apply for or proceed with—

(a) a bankruptcy petition relating to the debtor, or

(b) a summons under section 8 of the Bankruptcy Act 1988.

(3) Without prejudice to subsections (1) and (2), during the supervision period concerned, no other proceedings, execution or other legal process in respect of a specified qualifying debt may be commenced or continued against the specified debtor or his or her property, except with the leave of the appropriate court and subject to any order that the court may make to stay such proceedings, execution or other legal processes for such period as the court deems appropriate, but this subsection shall not operate to prohibit the commencement or continuation of any criminal proceedings against the debtor.

(4) Notwithstanding subsection (1), the fact that a Debt Relief Notice is in effect in relation to a specified debtor shall not operate to prevent a specified creditor taking the actions referred to in subsection (1) as respects another person who has guaranteed a debt of the specified debtor concerned.

(5) Notwithstanding subsection (1), the fact that a Debt Relief Notice is in effect under this Chapter in relation to a specified debtor shall not operate to prevent a specified creditor taking the actions referred to in subsection (3) as respects a person who has jointly contracted with the specified debtor concerned or is jointly liable with that specified debtor to the specified creditor and that other person may sue or be sued in respect of the contract without joining the specified debtor.

(6) Subsections (4) and (5) do not apply where a Debt Relief Notice, or a protective certificate issued under Chapter 3 or 4, is in effect as respects the other person.

(7) The Deeds of Arrangement Act 1887 does not apply to a Debt Relief Notice.

(8) While a Debt Relief Notice remains in effect under this Chapter, the information referred to in section 33(4), and a record of any extension under this Chapter of the supervision period concerned, shall remain on the Register of Debt Relief Notices.

(9) Nothing in this section shall affect the right of a secured creditor to enforce or otherwise deal with his or her security.

36.— (1) A specified debtor, during the supervision period concerned, shall inform the Insolvency Service as soon as practicable—

(a) of any material change in the specified debtor’s circumstances, in particular an increase or decrease in the extent of his or her assets, liabilities or income, and

(b) where the specified debtor becomes aware of any inaccuracy or omission in his or her Prescribed Financial Statement or any other information provided, or documents submitted, by him or her, or on his or her behalf, to the Insolvency Service.

(2) F33[A specified debtor] who, during the supervision period concerned, receives a gift or payment worth €500 or more shall surrender to the Insolvency Service 50 per cent of the value of that gift or payment.

(3) F33[Subject to subsection (4),] a specified debtor whose income increases by €400 or more per month during the supervision period concerned shall surrender to the Insolvency Service 50 per cent of that increase.

(4) The reference in subsection (3) to a specified debtor’s income is a reference to his or her income as stated in the information provided, or documents submitted by him or her, or on his or her behalf, under section 29, less the following deductions (where applicable):

(a) income tax;

(b) social insurance contributions;

(c) payments made by him or her in respect of excluded debts;

(d) payments made by him or her in respect of excludable debts that are not permitted debts;

(e) such other levies and charges on the specified debtor’s income as may be prescribed.

(5) F34[…]

(6) A sum surrendered to the Insolvency Service under subsection (2) or (3) shall be dealt with in accordance with section 38.

(7) A specified debtor, during the supervision period concerned, shall not, either alone or with any other person, obtain credit in an amount of more than €650 from any person without informing that person that he or she is a specified debtor.

37.— (1) A specified debtor may, at any time during the supervision period concerned, pay a sum to the Insolvency Service in accordance with this section.

F35[(2) Where—

(a) a sum is paid by a specified debtor under this section, or surrendered by him or her under subsection (2) or (3) of section 36, that is, or

(b) the aggregate of the sums so paid or so surrendered is,

in an amount that is not less than 50 per cent of the total value of the specified qualifying debts concerned, subsection (3) shall apply.

(3) Where this subsection applies—

(a) the Debt Relief Notice concerned shall cease to have effect,

(b) the specified debtor shall stand discharged from all of the specified qualifying debts, and

(c) the Insolvency Service shall, within 3 months of the date on which paragraph (a) or (b), as the case may be, of subsection (2) applies, remove from the Register of Debt Relief Notices all information recorded in it in respect of the Debt Relief Notice.]

38.— (1) The Insolvency Service, on receipt of a sum under subsection (2) or (3) of section 36 or under section 37, shall deal with that sum in accordance with this section.

(2) On receipt of a sum referred to in subsection (1), the Insolvency Service shall, subject to subsection (3)—

(a) apportion that sum, on a pari passu basis, among the specified creditors to whom a specified qualifying debt that is a permitted debt is owed, and

(b) within one month of such receipt, transmit to each such specified creditor payment of the sum apportioned to that creditor under paragraph (a).

(3) Where, following a payment or payments to specified creditors under subsection (2) or subsection (4), as the case may be, all of the specified qualifying debts referred to in subsection (2) have been paid in full, the Insolvency Service shall, in relation to a sum referred to in subsection (1)—

(a) apportion that sum, on a pari passu basis, among the remaining specified creditors concerned, and

(b) within one month of such receipt, transmit to each such specified creditor payment of the sum apportioned to that creditor under paragraph (a).

(4) Where the Insolvency Service—

(a) has apportioned a sum to a specified creditor under subsection (2)(a) or (3)(a), as the case may be, and

(b) after reasonable efforts, is unable to locate that specified creditor,

it shall apportion the sum referred to in paragraph (a) among the specified creditors referred to in subsection (2)(a) or (3)(a), as the case may be, whom it has succeeded in locating and, within one month of doing so, shall transmit to each such specified creditor payment of the sum so apportioned.

(5) Where a specified qualifying debt is secured, the Insolvency Service, in apportioning a sum to the specified creditor concerned under subsection (2)(a), (3)(a) or (4), shall disregard the value of the security held by the specified creditor for that debt.

39. F36[(1)] An appropriate court may, on application to it by the Insolvency Service made during the supervision period concerned, order the amendment of a Debt Relief Notice where it is satisfied that such an amendment is necessary in order to address an ambiguity in, or to rectify an error in or omission from, that Notice.

F36[(2) An application under subsection (1) shall be on notice to the specified debtor and each specified creditor.]

40.— (1) The Insolvency Service may, during the supervision period concerned, carry out, in accordance with this section, an investigation of any matter that appears to it to be relevant to the arriving at a decision to exercise its powers under this Chapter.

(2) Subsections (5) to (9) of section 30 apply to an investigation under this section as they apply to an enquiry under that section.

41.— (1) The Insolvency Service may, during the supervision period concerned, make an application to the appropriate court for directions in relation to a matter arising in connection with a Debt Relief Notice, including a matter relating to the specified debtor’s compliance with an obligation under section 36.

(2) An application under subsection (1) shall be made by the lodging by the Insolvency Service of a notice with the appropriate court, on notice to the specified debtor.

(3) On an application under this section the court may do one or more of the following—

(a) give the Insolvency Service such directions as it deems appropriate,

(b) make an order for the enforcement of an obligation of the specified debtor under section 36,

(c) extend the supervision period concerned,

(d) make an order amending the Debt Relief Notice, or

(e) make such other order as it deems appropriate.

(4) The power conferred on the court under subsection (3)(d), section 42(3)(d), section 43(5)(c) and section 44(4)(d) does not include the power to specify in a Debt Relief Notice, as a specified qualifying debt, any debt that was not included in the schedule referred to in section 29(2)(d) or in any information provided, or documents submitted, by the specified debtor, or on his or her behalf, for the purpose of his or her application for that Notice.

42.— (1) A specified debtor or a specified creditor (“applicant”) may, during the supervision period concerned, make an application to the appropriate court if he or she is aggrieved by any act, omission or decision of the Insolvency Service in connection with the Debt Relief Notice concerned.

(2) An application under subsection (1) shall be made by the lodging by the applicant of a notice with the appropriate court, on notice to the Insolvency Service and—

(a) where the applicant is a specified creditor, to the specified debtor and the other specified creditors, and

(b) where the applicant is the specified debtor, to the specified creditors.

(3) On an application under this section the court may dismiss the application or do one or more of the following—

(a) revoke the whole or part of any act or decision of the Insolvency Service,

(b) make an order for the compliance by the specified debtor concerned with an obligation under section 36,

(c) extend the supervision period concerned, by an additional period not exceeding 12 months,

(d) make an order amending the Debt Relief Notice concerned, or

(e) make such other order as it deems appropriate.

43.— (1) A specified creditor may, during the supervision period concerned, make an application to the appropriate court if he or she objects to the inclusion, as a specified qualifying debt, of a debt in respect of which he or she is a specified creditor.

(2) An application under subsection (1) shall be—

(a) made by the lodging by the specified creditor of a notice of objection with the appropriate court, on notice to the Insolvency Service and the specified debtor, and

(b) based on a ground referred to in subsection (3).

(3) The grounds of objection on which an application under subsection (1) may be made are the following:

(a) the specified debtor did not satisfy the eligibility criteria specified in section 26(2) when the application under section 29 was made on his or her behalf,

(b) one or more of the following applies, which causes or has caused a material detriment to the specified creditor—

(i) there is a material inaccuracy or omission in the Prescribed Financial Statement concerned, or other information provided, or documents submitted, by the specified debtor, or on his or her behalf, under section 29;

(ii) the specified debtor failed to comply with an obligation under section 36;

(iii) an adjudication in bankruptcy has been made in relation to the specified debtor that has not been annulled or discharged;

(iv) the specified debtor has since the coming into effect of the Debt Relief Notice, committed an offence under this Act;

F37[(v) the procedural requirements specified in this Chapter were not complied with;

(vi) the specified debtor, by his or her conduct within the period of 6 months ending on the application date, arranged his or her financial affairs primarily with a view to being or becoming eligible for the issue of a Debt Relief Notice.]

(4) A hearing under subsection (1) shall be heard with all due expedition.

(5) On an application under this section the court may dismiss the application or do one or more of the following—

(a) terminate the Debt Relief Notice,

(b) extend the supervision period concerned, by an additional period not exceeding 12 months,

(c) make an order amending the Debt Relief Notice, including by removing the debt which was the subject of the objection under subsection (1), or

(d) make such other order as it deems appropriate.

F38[(6) Where the appropriate court makes a decision under subsection (5) or section 44(4)—

(a) the Registrar of the appropriate court shall notify the Insolvency Service of the decision, and

(b) the Insolvency Service, on receipt of the notification under paragraph (a), shall notify the specified creditors concerned of the decision.]

44.— (1) The Insolvency Service may, during the supervision period concerned, apply to the appropriate court to have a Debt Relief Notice terminated.

(2) An application under subsection (1) shall be—

(a) made by the lodging by the Insolvency Service of a notice with the appropriate court, on notice to the specified debtor and each specified creditor, and

(b) based on a ground referred to in subsection (3).

(3) The grounds on which an application under subsection (1) may be made are the following—

(a) the specified debtor did not satisfy the eligibility criteria specified in section 26(2) when the application under section 29 was made on his or her behalf,

(b) there is a material inaccuracy or omission in the Prescribed Financial Statement concerned, or other information provided, or documents submitted, by the specified debtor, or on his or her behalf, under section 29,

(c) the specified debtor failed to comply with an obligation under section 36,

(d) an adjudication in bankruptcy has been made in relation to the specified debtor that has not been annulled or discharged,

(e) the specified debtor has, since the coming into effect of the Debt Relief Notice, committed an offence under this Act,

F39[(f) the procedural requirements specified in this Chapter were not complied with;

(g) the specified debtor, by his or her conduct within the period of 6 months ending on the application date, arranged his or her financial affairs primarily with a view to being or becoming eligible for the issue of a Debt Relief Notice.]

(4) On an application under this section the court may dismiss the application or do one or more of the following—

(a) terminate the Debt Relief Notice,

(b) extend the supervision period concerned, by an additional period not exceeding 12 months,

(c) make an order for the enforcement of an obligation of the specified debtor under section 36,

(d) make an order amending the Debt Relief Notice, or

(e) make such other order as it deems appropriate.

45.— (1) Where a Debt Relief Notice is terminated under this Chapter, the specified debtor shall, unless the appropriate court has ordered otherwise and subject to subsection (2), thereupon be liable in full for—

(a) all debts specified in the Debt Relief Notice at the time of its termination as specified qualifying debts, and

(b) all arrears, charges and interest that have accrued during the supervision period in relation to those debts.

(2) In calculating the liability of a specified debtor under subsection (1), the debtor shall be given credit in respect of payments made by him or her under subsection (2) or (3) of section 36 or under section 37.

(3) Where subsection (1) applies—

(a) the period during which the Debt Relief Notice concerned was in effect shall be disregarded in reckoning any period of time for the purpose of any applicable limitation period (including any limitation period under the Statute of Limitations 1957) in relation to any proceedings or process in respect of a specified qualifying debt to which section 35 applied, and

(b) the period for which any judgment against the specified debtor in relation to a specified qualifying debt has effect (whether under statute or rule of court) shall, subject to the provisions of this Act, be extended by the period that the Debt Relief Notice was in effect.

F40[(4) Where a Debt Relief Notice is terminated under this Chapter, the Insolvency Service shall, within 3 months after the date on which the supervision period concerned would, but for that termination, have ended, remove from the Register of Debt Relief Notices all information recorded in it in respect of the Debt Relief Notice.]

46.— (1) Where a Debt Relief Notice ceases to have effect (other than where it is terminated under this Chapter), the specified debtor shall, subject to this section, stand discharged from the specified qualifying debts concerned and all interest, penalties and other sums which have, since the application date, become payable in relation to those debts.

(2) Where a specified debtor stands discharged from the specified qualifying debts under subsection (1), the Insolvency Service shall, F41[…] within 3 months—

(a) remove from the Register of Debt Relief Notices all information recorded in it in respect of the Debt Relief Notice,

(b) send a notice to the specified creditors informing them of that fact, and

(c) issue to the specified debtor a certificate (“Debt Relief Certificate”) confirming the discharge.

(3) Subsection (1) is without prejudice to a specified debtor’s obligations under section 36(2) and (3).

(4) The discharge of the specified debtor under subsection (1) does not release any other person from—

(a) any liability (whether as partner or co-trustee of the specified debtor or otherwise) from which the specified debtor is discharged, or

(b) any liability as surety for the specified debtor or as a person in the nature of such a surety.

(5) Subsection (1) shall not affect the right of a secured creditor to enforce or otherwise deal with his or her security.

47.— (1) The Insolvency Service may authorise a person, or a class of person, to perform the functions of an approved intermediary under this Chapter.

(2) An approved intermediary shall not charge a debtor referred to in section 27(1) any fee in connection with the performance by the approved intermediary of his or her functions under this Chapter.

(3) An approved intermediary is not liable in damages to any person for anything done or omitted to be done when acting (or purporting to act) as an approved intermediary under this Chapter.

(4) Subsection (3) shall not apply if the act or omission concerned was in bad faith.

F42[(5) The Insolvency Service, with the consent of the Minister, may and, if directed by the Minister to do so and in accordance with the terms of the direction, shall, following consultation with the Minister for Finance and any other person as the Insolvency Service deems appropriate or as the Minister directs, by regulations provide for any of the following for the purposes of the authorisation, regulation and supervision of approved intermediaries and the protection of debtors and creditors who are or may become specified debtors or specified creditors:

(a) the requirements applicable to—

(i) the authorisation of persons as approved intermediaries under this section, and

(ii) the dealings of an approved intermediary with the Insolvency Service;

(b) the requirements to be met in the performance of their functions under this Act by approved intermediaries including, without limiting the generality of the foregoing, in relation to:

(i) the public interest;

(ii) the duties owed to debtors and creditors who are or may become specified debtors or specified creditors;

(iii) the professional and ethical conduct of approved intermediaries;

(iv) the maintenance of the confidentiality of the information of debtors and creditors who are or may become specified debtors or specified creditors;

(v) case management in respect of debtors who are or may become specified debtors;

(vi) conflicts of interest;

(c) the qualifications (including levels of training, education, expertise and experience) or any other requirements (including required standards of competence) for the authorisation of persons as approved intermediaries under this section;

(d) the records, including files and accounts, to be maintained, including in electronic form, by an approved intermediary;

(e) the requirements to be met by an approved intermediary when handling complaints against that approved intermediary;

(f) any other matter relating to the authorisation, supervision or regulation of approved intermediaries which is incidental to or is considered by the Insolvency Service to be necessary or expedient for the said purposes or all or any of the matters referred to in this subsection.

(5A) The Insolvency Service may do any thing which is necessary or expedient to monitor an approved intermediary’s compliance with his or her obligations under this Act and regulations made under this Act.]

(6) Regulations under subsection (5) may provide for the withdrawal of an authorisation of a person where he or she no longer meets the criteria for such an authorisation prescribed in those regulations.

(7) The Insolvency Service may, out of the proceeds of fees charged under section 20, make payments to an approved intermediary in connection with the performance of his or her functions under this Chapter.

F43[(8) Where an approved intermediary resigns from the role of approved intermediary as respects a debtor, he or she shall notify the Insolvency Service of that fact, which notification shall be accompanied by a statement of the reasons for his or her resignation.

(9) Where, at any time after the debtor has made the confirmation referred to in section 27(3) but before the Debt Relief Notice is issued under section 31, the approved intermediary concerned (‘original approved intermediary’)—

(a) dies,

(b) becomes incapable, through ill-health or otherwise, of performing the functions of an approved intermediary as respects the debtor,

(c) resigns from the role of approved intermediary as respects the debtor, or

(d) is no longer entitled to perform the functions of an approved intermediary under this Act,

the debtor shall, as soon as practicable after becoming aware of that fact, appoint another approved intermediary to act as his or her approved intermediary for the purposes of this Chapter.

(10)(a) Where paragraph (a), (b) or (c) of subsection (9) applies, the debtor concerned shall, as soon as practicable, inform the Insolvency Service of that fact.

(b) Where an approved intermediary has been appointed under subsection (9), the approved intermediary shall, as soon as practicable, inform the Insolvency Service and, where applicable, a creditor to whom a notification under section 28(2) has been sent, where the period referred to in section 28(3) has not expired, of that fact.

(11) Where an approved intermediary is appointed under subsection (9)—

(a) that appointment shall not affect the validity of anything previously done under this Chapter by the original approved intermediary, and

(b) references in this Act to an approved intermediary, in relation to the debtor concerned, shall be construed as including references to the approved intermediary so appointed.]

48.— A debtor who wishes to become party, as a debtor, to a Debt Settlement Arrangement under Chapter 3 or a Personal Insolvency Arrangement under Chapter 4 (“an arrangement”) shall, before making an application under the Chapter concerned, comply with this Chapter.

49.— (1) A debtor to whom section 48 applies shall submit to a personal insolvency practitioner a written statement disclosing all of the debtor’s financial affairs, which statement shall include—

(a) such information as may be prescribed in relation to—

(i) his or her creditors,

(ii) his or her debts and other liabilities,

(iii) his or her assets, and

(iv) guarantees (if any) given by the debtor in respect of a debt of another person,

and

(b) such other financial information as may be prescribed.

(2) Following receipt of the information referred to in subsection (1), F44[the personal insolvency practitioner F45[…] shall hold a meeting] with the debtor and—

(a) advise him or her, on the basis of the information, of his or her options for addressing his or her financial difficulties and, in particular whether he or she satisfies the criteria specified in Chapter 3 or 4, or both, for making a proposal for an arrangement, which advice the personal insolvency practitioner shall confirm in writing to the debtor, and

(b) provide him or her with—

(i) information relating to the procedure involved in, and general effect, including the likely costs, of becoming party to an arrangement,

(ii) information in writing relating to the fee arrangements and other conditions of appointment of the personal insolvency practitioner in the event that he or she is appointed under subsection (3), and

(iii) such other information as may be prescribed.

F46[(2A) For the purposes of subsection (2), ‘meeting’ means a consultation between the personal insolvency practitioner and the debtor, held in accordance with any regulations made under this section and at which—

(a) both are present in person at the same time and in the same place, or

(b) both are not present in person in the same place, but each is able, by means of electronic communications technology, to speak to, to see and to hear the other.

(2B) The Insolvency Service, with the consent of the Minister, may, and if directed by the Minister to do so and in accordance with the terms of the directions, shall, make regulations in relation to the holding and conduct of meetings referred to in paragraph (a) or (b) of subsection (2A).

(2C) Without prejudice to the generality of subsection (2B), regulations under that subsection may provide for—

(a) the circumstances in which a meeting referred to in subsection (2A)(b) shall not be held,

(b) the form of electronic communications technology that shall not be used in a meeting referred to in subsection (2A)(b), and

(c) the conduct of meetings referred to in subsection (2A).

(2D) In making regulations pursuant to this section the Insolvency Service shall have regard to:

(a) the need to protect debtors and creditors who are or may become parties to Debt Settlement Arrangements or Personal Insolvency Arrangements;

(b) the importance of—

(i) ensuring effective access to, and participation in, meetings referred to in subsection (2A) by debtors, and

(ii) supporting the development of a relationship of trust and mutual confidence between debtors and personal insolvency practitioners;

(c) the need, having regard to the financial situation of debtors, to ensure efficiency and timeliness in the holding of meetings referred to in subsection (2A);

(d) the differing needs of debtors (including having regard to age, health, resources, geographical location, access to private or public transport, access to and familiarity with electronic communications technology, working hours and family and other obligations, including caring obligations) in respect of their participation in a meeting referred to in subsection (2A);

(e) the need to ensure that public confidence in the operation of the Debt Settlement Arrangement and Personal Insolvency Arrangement processes is maintained;

(f) any other factor that the Insolvency Service considers relevant in ensuring the effective conduct of meetings referred to in subsection (2A).

(2E) In this section, ‘electronic communications technology’, in relation to a meeting referred to in subsection (2A)(b), means technology that enables real time transmission and real time two-way audio-visual communication.]

(3) Where the debtor, following the meeting referred to in subsection (2), wishes to become party to an arrangement, he or she shall appoint a personal insolvency practitioner (whether the personal insolvency practitioner referred to in subsection (1) or another 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.

(4) On being appointed under subsection (3), the personal insolvency practitioner shall—

(a) confirm in writing to the debtor that the personal insolvency practitioner has consented to act in the role of personal insolvency practitioner as respects the debtor, and

(b) notify the Insolvency Service of his or her appointment.

F44[(5) Where a personal insolvency practitioner is appointed under subsection (3), he or she shall stand appointed, and the debtor concerned shall not appoint another personal insolvency practitioner under that subsection, until such time as—

(a) where the debtor concerned terminates the appointment of the personal insolvency practitioner as respects the debtor, such termination takes effect in accordance with section 49A,

(b) where the personal insolvency practitioner resigns from that role as respects the debtor, such resignation takes effect in accordance with section 49B,

(c) where the personal insolvency practitioner is replaced by reason of being no longer capable of performing, through ill-health or otherwise, or is no longer authorised to perform, the functions of a personal insolvency practitioner as respects the debtor, such replacement takes effect in accordance with section 49C.]

(6) F47[…]

(7) F47[…]

(8) F47[…]

(9) F47[…]

49A.— (1) A debtor who has appointed a personal insolvency practitioner under section 49(3) may terminate that appointment by giving notice in writing to the personal insolvency practitioner, which notice shall specify the date of the termination and which date shall not be less than one month after the giving of the notice to the personal insolvency practitioner.

(2) A debtor who terminates an appointment under subsection (1) shall notify the Insolvency Service of that termination as soon as is practicable thereafter.

(3) A debtor who has terminated the appointment of a personal insolvency practitioner under subsection (1) shall, no later than two months from the date of termination, appoint a personal insolvency practitioner to replace the original personal insolvency practitioner (in this section referred to as a ‘replacement personal insolvency practitioner’) and shall as soon as practicable thereafter notify the Insolvency Service of that appointment.

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

(5) Where a replacement personal insolvency practitioner is appointed under subsection (3)—

(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.]

49B.— (1) A personal insolvency practitioner who has been appointed by a debtor in accordance with section 49(3) may terminate that appointment by giving notice in writing to the debtor, which notice shall specify the date of the termination and which date shall not be less than one month after the giving of the notice to the debtor.

(2) A personal insolvency practitioner who terminates an appointment under subsection (1) shall notify the Insolvency Service of that termination as soon as is practicable thereafter.

(3) A debtor who receives notice from a personal insolvency practitioner of the termination of his or her appointment under subsection (1) shall, no later than 2 months from the date of termination, appoint a replacement personal insolvency practitioner (in this section referred to as a "replacement personal insolvency practitioner") and, as soon as practicable thereafter, notify the Insolvency Service of that appointment.

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

(5) Where a replacement personal insolvency practitioner is appointed under subsection (3)—

(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.]

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.]

50.— (1) As soon as practicable after the personal insolvency practitioner has been appointed under section 49(3), the debtor shall provide information that fully discloses his or her financial affairs to the personal insolvency practitioner.

(2) The personal insolvency practitioner, on receipt of the information referred to in subsection (1), shall examine that information and, having regard to the obligation of the debtor under subsection (3), assist the debtor in completing a Prescribed Financial Statement.

(3) The debtor, when completing the Prescribed Financial Statement referred to in subsection (2), is under an obligation to make a full and honest disclosure of his or her financial affairs and to ensure that, to the best of his or her knowledge, the Prescribed Financial Statement is true, accurate and complete.

51.— (1) Subject to subsection (4), in relation to Debt Settlement Arrangements and Personal Insolvency Arrangements, where a debtor has an interest in or an entitlement under a relevant pension arrangement, such interest or entitlement of the debtor shall not be treated as an asset of the debtor unless subsection (2) applies.

(2) Where this section applies and a debtor has an interest in or entitlement under a relevant pension arrangement which would, if the debtor performed an act or exercised an option, cause that debtor to receive from or at the request of the person administering that relevant pension arrangement—

(a) an income, or

(b) an amount of money other than income,

in accordance with the relevant provisions of the Taxes Consolidation Act 1997, that debtor shall be considered as being in receipt of such income or amount of money.

(3) Subsection (2) applies where the debtor—

(a) is entitled at the date of the making of the application for a protective certificate,

(b) was entitled at any time before the date of the making of the application for a protective certificate, or

(c) will become entitled within 6 years and 6 months of the date of the making of the application for a protective certificate in relation to a Debt Settlement Arrangement or within 7 years and 6 months of the date of the making of the application for a protective certificate in relation to a Personal Insolvency Arrangement,

to perform the act or exercise the option referred to in subsection (2).

(4) Nothing in subsections (1) to (3) shall remove the obligation of a debtor making an application for a protective certificate to make disclosure of any interest in or entitlement under a relevant pension arrangement in completing the Prescribed Financial Statement.

52.— (1) On completion of the Prescribed Financial Statement in accordance with section 50, the personal insolvency practitioner shall, on the basis of the information disclosed to him or her by the debtor under section 50(1), advise the debtor of the following:

(a) his or her options for addressing his or her financial difficulties;

(b) his or her eligibility under section 57 or 91, as the case may be, to make a proposal for a Debt Settlement Arrangement or a Personal Insolvency Arrangement, as the case may be;

(c) the personal insolvency practitioner’s opinion as to whether it would be more appropriate for the debtor to enter into a Personal Insolvency Arrangement or a Debt Settlement Arrangement.

(2) The advice referred to in subsection (1)(a) shall include advice relating to—

(a) the appropriateness or otherwise of the debtor making a proposal for and entering into an arrangement, having regard to such matters as the personal insolvency practitioner considers relevant, but in any case, including—

(i) the debtor’s financial and other circumstances as set out in the Prescribed Financial Statement,

(ii) whether the debtor is likely to be able to meet the financial commitment associated with an arrangement on an ongoing basis, in particular having regard to the debtor’s payment capacity at and before the time at which the advice is being given,

(iii) the nature and extent of the debts owed by the debtor to his or her creditors and, in the case of secured debts (if any), the nature of the security,

(iv) the complexity of the debtor’s case, and

(v) the likelihood, in the personal insolvency practitioner’s opinion, of an arrangement being formulated on terms that would provide, for the debtor and a majority of his or her creditors, an acceptable alternative to the debtor’s bankruptcy;

(b) the general effect of making a proposal for, and of entering into, an arrangement, including as to the effect on the debtor’s credit rating;

(c) the consequences for the debtor of entering into an arrangement if the debtor does not comply with the terms of that arrangement;

(d) the other option or options (if any) available to the debtor and the general effect of any such option or options, including advice relating to—

(i) negotiation with a creditor or creditors with a view to adjusting the terms of a debt owed to that creditor or creditors, whether as part of any arrears process or otherwise,

(ii) becoming a specified debtor as respects a Debt Relief Notice, and

(iii) bankruptcy.

(3) In advising the debtor under subsection (1)(c) of the appropriateness of entering into a Personal Insolvency Arrangement or a Debt Settlement Arrangement, the personal insolvency practitioner shall have regard to—

(a) the value of the debtor’s unsecured debts as compared to the value of the debtor’s secured debts (if any),

(b) if applicable, whether the debtor has communicated with his or her secured creditors for the purpose of seeking to renegotiate or restructure the secured debts,

(c) whether the debtor has co-operated in good faith with his or her creditors who are secured creditors as respects the debtor’s principal private residence in connection with any process relating to mortgage arrears operated by the secured creditors concerned which has been approved or required by the Central Bank of Ireland and which relates to the secured debt concerned,

(d) whether any of the debtor’s secured creditors have indicated to the debtor or the personal insolvency practitioner a willingness to vary the terms of the secured debt to facilitate the operation of a Debt Settlement Arrangement in respect of the debtor’s unsecured debts (including, without limitation, any variation of the terms of the secured debt that would reduce the amounts payable by the debtor in respect of the secured debt for the duration of the Debt Settlement Arrangement),

(e) where the debtor has proposed, but not entered into, a Debt Settlement Arrangement in respect of his or her unsecured debts, the terms of such proposal and the result of the creditors’ meeting to consider such proposal, and

(f) where the debtor has entered into a Debt Settlement Arrangement in respect of his or her unsecured debts that has come to an end, failed or otherwise terminated, the circumstances of such ending, failure or other termination.

(4) The personal insolvency practitioner shall confirm his or her advice under subsection (1)(c) in writing to the debtor.

(5) Where the advice of a personal insolvency practitioner under subsection (1) is that the debtor should not make a proposal for, or enter into, an arrangement, the personal insolvency practitioner shall notify the Insolvency Service of that fact, and the appointment of the personal insolvency practitioner under section 49(3) shall come to an end.

53.— Where a debtor, having received advice under section 52(1), considers that he or she should make a proposal for an arrangement, he or she shall instruct the personal insolvency practitioner in writing to make a proposal for a Debt Settlement Arrangement or a Personal Insolvency Arrangement, as the case may be, on his or her behalf in accordance with Chapter 3 or 4, as the case may be.

54.— On receipt of an instruction under section 53, the personal insolvency practitioner shall complete a statement confirming that he or she is of the opinion that—

(a) the information contained in the debtor’s Prescribed Financial Statement is complete and accurate;

(b) the debtor is eligible under section 57 or 91, as the case may be, to make a proposal for a Debt Settlement Arrangement or Personal Insolvency Arrangement, as the case may be;

(c) having considered the F51[Prescribed] Financial Statement completed by the debtor, there is no likelihood of the debtor becoming solvent within the period of 5 years commencing on the date on which the statement is made;

(d) having regard to the debtor’s circumstances as set out in the Prescribed Financial Statement, it is appropriate for the debtor to make a proposal for a Debt Settlement Arrangement as there is a reasonable prospect that the debtor entering into such an arrangement would facilitate the debtor becoming solvent within a period of not more than 5 years or, as the case may be, it is appropriate for the debtor to make a proposal for a Personal Insolvency Arrangement as there is a reasonable prospect that the debtor entering into such an arrangement would facilitate the debtor becoming solvent within a period of not more than F52[6 years].

54A. (1) Subject to any regulations made under subsection (4), nothing in this Act shall be taken to prevent any person (not being a personal insolvency practitioner)—

(a) employed by a personal insolvency practitioner or by a partnership in which a personal insolvency practitioner is a partner, or

(b) having a common employer with a personal insolvency practitioner,

from performing, when requested to do so by the personal insolvency practitioner (in this subsection referred to as the "requesting personal insolvency practitioner") and under the requesting personal insolvency practitioner’s direction and control, any function (or any act in relation to such function) that is authorised or required by or under this Act to be performed by the requesting personal insolvency practitioner.

(2) Nothing in this Act shall be taken to prevent a personal insolvency practitioner—

(a) in a partnership in which another personal insolvency practitioner is also a partner,

(b) employed by another personal insolvency practitioner or by a partnership in which another personal insolvency practitioner is a partner, or

(c) having a common employer with another personal insolvency practitioner,

from performing, subject to any regulations under section 161, when requested to do so by that other personal insolvency practitioner (in this subsection referred to as the "requesting personal insolvency practitioner") and acting under the requesting personal insolvency practitioner’s direction, any function (or any act in relation to such function) that is authorised or required by or under this Act to be performed by the requesting personal insolvency practitioner.

(3) The requesting personal insolvency practitioner under the subsection concerned shall, for all purposes under this Act, remain responsible in all respects for the performance, pursuant to the subsection concerned, of any function or act by a person referred to in subsection (1) or a personal insolvency practitioner referred to in subsection (2).

(4) The Insolvency Service, with the consent of the Minister, may, and if directed by the Minister to do so and in accordance with the terms of the direction, shall, by regulations provide for any of the following:

(a) the functions (if any) under this Act of a personal insolvency practitioner which may or may not, be performed by a person to whom paragraph (a) or (b) of subsection (1) applies;

(b) the qualifications (including levels of training, education, expertise and experience), and any other attributes (including standards of competence, fitness and probity) that a person to whom paragraph (a) or (b) of subsection (1) applies must possess before a particular function of a personal insolvency practitioner may be performed by him or her;

(c) the requirement that a person to whom paragraph (a) or (b) of subsection (1) applies, be subject, in the performance of functions or acts pursuant to that subsection, to appropriate supervision, guidance and training by a personal insolvency practitioner.

(5) Without prejudice to the generality of paragraph (c) of subsection (4), regulations under that paragraph may require, where a person performs acts or functions pursuant to subsection (1), that the supervision and guidance referred to in the paragraph ensure all or any of the following, where applicable:

(a) the proper gathering, checking and processing of information regarding a debtor’s financial affairs;

(b) the proper preparation and communication of written or oral information or evidence for any purpose under any enactment;

(c) the proper management of records and accounts;

(d) the proper chairing and conduct of creditors’ meetings.]

55.— (1) Subject to the provisions of this Act, a debtor who satisfies the eligibility criteria specified in section 57 may make a proposal for a Debt Settlement Arrangement with one or more of his or her creditors in respect of the payment or satisfaction of his or her debts.

(2) A proposal for a Debt Settlement Arrangement shall be made on behalf of a debtor by a personal insolvency practitioner in accordance with the provisions of this Part.

(3) Where two or more debtors are jointly party to all of the debts to be covered by a Debt Settlement Arrangement and each of those debtors satisfy the eligibility criteria specified in section 57, those debtors may jointly propose a Debt Settlement Arrangement and, unless otherwise specified, references in this Chapter to the “debtor” shall be construed as meaning such joint debtors.

(4)(a) A Debt Settlement Arrangement shall not contain any terms that would release the debtor from an excluded debt or otherwise affect such a debt.

(b) A proposal for a Debt Settlement Arrangement shall not include any terms that, if contained in a Debt Settlement Arrangement that came into effect, would contravene paragraph (a).

(5) Unless otherwise expressly stated, a reference in this Chapter to a debt is a reference to an unsecured debt and a reference to a creditor is a reference to an unsecured creditor.

56.— A debtor may enter into a Debt Settlement Arrangement once only.

57.— (1) Subject to the provisions of this section and this Chapter, a debtor shall not be eligible to make a proposal for a DebtSettlement Arrangement unless he or she satisfies the following criteria—

(a) that the debtor—

(i) is domiciled in the State, or

(ii) within one year before the date of the application for a protective certificate has ordinarily—

(I) resided in the State, or

(II) had a place of business in the State;

(b) that the debtor is insolvent;

(c) that the debtor has completed a Prescribed Financial Statement and has made a statutory declaration confirming that the statement is a complete and accurate statement of the debtor’s assets, liabilities, income and expenditure;

(d) that the personal insolvency practitioner has completed a statement under section 54 in respect of the debtor;

(e) that the debtor is not—

(i) an undischarged bankrupt,

(ii) a discharged bankrupt subject to a bankruptcy payment order,

(iii) a person who is a specified debtor as respects a Debt Relief Notice which is in effect,

(iv) a person who, as a debtor, is subject to a Personal Insolvency Arrangement which is in effect, or

(v) a person who, as a debtor, is subject to an arrangement under the control of the court under Part IV of the Bankruptcy Act 1988;

(f) that the debtor has not—

(i) been the subject of a protective certificate issued under section 61 less than 12 months prior to the date of the application for a protective certificate,

(ii) had his or her debts discharged pursuant to section 46(1) less than 3 years prior to the date of the application for a protective certificate,

(iii) had his or her debts discharged pursuant to a Personal Insolvency Arrangement less than 5 years prior to the date of the application for a protective certificate, or

(iv) been discharged from bankruptcy less than 5 years prior to the date of the application for a protective certificate.

(2) The criterion specified in subsection (1)(f) shall not apply where the debtor has, on notice to the Insolvency Service, made an application to the appropriate court and the court has made an order stating that it is satisfied that the current insolvency of the debtor arises by reason of exceptional circumstances or other factors which are substantially outside the control of the debtor and that it would be just to permit the debtor to make a proposal for a Debt Settlement Arrangement.

(3) A debtor shall not be eligible to make a proposal for a Debt Settlement Arrangement where 25 per cent or more of his or her debts (other than excluded debts and secured debts) were incurred during the period of 6 months ending on the date on which an application is made under section 59 for a protective certificate.

58.— (1) An excludable debt shall be included in a proposal for a Debt Settlement Arrangement only where the creditor concerned has consented, or is deemed to have consented, in accordance with this section, to the inclusion of that debt in such a proposal.

(2) Where a personal insolvency practitioner proposes to include an excludable debt in a proposal for a Debt Settlement Arrangement, he or she shall, without delay, notify the creditor concerned of that fact, which notification shall be accompanied by—

(a) such information about the debtor’s affairs (including his or her creditors, debts, liabilities, income and assets) as may be prescribed, and

(b) a request in writing that the creditor confirm, in writing, whether or not the creditor consents, for the purposes of this section, to the inclusion of the debt in a Debt Settlement Arrangement.

(3) Subject to subsection (6), a creditor shall comply with a request under subsection (2)(b) within 21 days of receipt of the notification under that subsection.

(4) Where a creditor does not comply with subsection (3), the creditor shall be deemed to have consented to the inclusion of that debt in a proposal for a Debt Settlement Arrangement.

(5) Where a creditor consents or is deemed to have consented, in accordance with this section, to the inclusion of an excludable debt in a proposal for a Debt Settlement Arrangement, that creditor shall be entitled to vote at any creditors’ meeting called to consider that proposal.

(6) Where the debtor concerned is the subject of a protective certificate, and a creditor to whom this section applies brings an application under section 63(1) in respect of that protective certificate, the period referred to in subsection (3) shall not commence until the date on which the appropriate court determines the application.

(7) An excludable debt shall not be the subject of a Debt Settlement Arrangement unless it is a permitted debt.

(8) In this Chapter, “permitted debt” means an excludable debt to which subsection (1) applies.

59.— (1) Where a personal insolvency practitioner has been instructed pursuant to section 53 to make a proposal for a Debt Settlement Arrangement, the personal insolvency practitioner shall notify the Insolvency Service of the debtor’s intention to propose a Debt Settlement Arrangement and apply on behalf of the debtor for a protective certificate.

(2) The application referred to in subsection (1) shall be in such form F55[as may be prescribed] by the Insolvency Service and shall be accompanied by such fee (if any) as may be prescribed and the following documents:

(a) the statement of the personal insolvency practitioner prepared under section 54;

(b) a document signed by the debtor confirming that he or she satisfies the eligibility criteria specified in section 57;

(c) the statutory declaration of the debtor referred to in section 57(1)(c);

(d) the Prescribed Financial Statement;

(e) a schedule of the creditors of the debtor and the debts concerned, stating in relation to each such creditor—

(i) the amount of each debt due to that creditor,

(ii) whether, as respects the debt concerned, the creditor is a secured creditor and, if so, the nature of the security concerned, and

(iii) such other information as may be prescribed;

(f) the debtor’s written consent to—

(i) the disclosure to the Insolvency Service,

(ii) the processing by the Insolvency Service, and

(iii) the disclosure by the Insolvency Service to creditors of the debtor concerned,

of personal data of that debtor, to the extent necessary in respect of the Debt Settlement Arrangement procedure provided for in this Chapter;

(g) the debtor’s written consent to the making of any enquiry under section 60 relating to the debtor by the Insolvency Service.

(3) An application under this section may be withdrawn by the personal insolvency practitioner at any time prior to the issue of a protective certificate under section 61.

(4) Where a personal insolvency practitioner becomes aware of any inaccuracy or omission in an application under this section or any document accompanying such an application, he or she shall inform the Insolvency Service of this fact as soon as practicable and the Insolvency Service shall have regard to any information provided under this subsection for the purposes of its consideration of the application.

60.— (1) In its consideration of an application under section 59, the Insolvency Service shall be entitled to request any further information it requires from the debtor or personal insolvency practitioner and to defer further consideration of the application until such information is furnished to it.

(2) Where a debtor or personal insolvency practitioner fails to provide the information requested by the Insolvency Service under subsection (1) within 14 days or such longer period as the Insolvency Service may permit the application shall be deemed to be withdrawn.

(3) Subject to subsection (4), in considering the application for a protective certificate, the Insolvency Service shall make such enquiries as it considers necessary to satisfy itself:

(a) that the personal insolvency practitioner is a person entitled to act as a personal insolvency practitioner;

(b) having regard to the documents which are required to accompany the application for a protective certificate—

(i) that the debtor satisfies the eligibility criteria for making a proposal for a Debt Settlement Arrangement specified in section 57, and

(ii) the application does not appear to be frivolous or an attempt to frustrate the efforts of creditors to recover debts due to them.

(4) Subject to subsections (5) to (7), for the purposes of subsection (3) the Insolvency Service shall be entitled to presume that the debtor satisfies the eligibility criteria for a Debt Settlement Arrangement specified in section 57 if the documents required to be lodged with the Insolvency Service have been so lodged and the Insolvency Service has no reason to believe that the information supplied in or in support of the application for a protective certificate is incomplete or inaccurate.

(5) The Insolvency Service may make such enquiries as it considers necessary to verify the completeness or accuracy of any matter referred to in the Prescribed Financial Statement of the debtor or in relation to the assets, liabilities, income or expenditure of the debtor.

(6) Without prejudice to the generality of subsection (5) the matters in respect of which the Insolvency Service may make an enquiry include the following:

(a) particulars relating to bank accounts, securities accounts or other accounts held, solely or jointly, by or for the benefit of the debtor with financial institutions or financial intermediaries in the State or abroad;

(b) particulars relating to assets of the debtor and the value of such assets;

(c) particulars of the liabilities of the debtor;

(d) the employment and income of the debtor;

(e) payments received by the debtor from the Department of Social Protection or other Departments of State or other State bodies or agencies and whether or not such payments are made as agent of any other person;

(f) taxes or charges imposed by or under statute paid or owed by the debtor, whether within or outside the State and refunds in respect of such taxes and charges which are or may become due to the debtor.

(7) Nothing in this section shall be construed as requiring the Insolvency Service to make an enquiry in any case.

(8) A person who receives an enquiry from the Insolvency Service pursuant to this section shall be under a duty to furnish the information requested as soon as reasonably practicable.

(9) Notwithstanding anything contained in any enactment, for the purposes of the performance of the functions of the Insolvency Service under this Chapter information held by a Department of State, the Revenue Commissioners, a local authority or any other State body or agency in relation to a debtor may be furnished to the Insolvency Service.

61.— (1) Where the Insolvency Service, following its consideration under section 60—

(a) is satisfied that an application under section 59 is in order, it shall—

(i) issue a certificate to that effect,

F57[(ii) furnish that certificate together with a copy of the application and the supporting documentation (other than the documents referred to in section 59(2)(f) and (g)) to the appropriate court, and]

(iii) notify the personal insolvency practitioner to that effect,

and

(b) is not so satisfied, it shall notify the personal insolvency practitioner to that effect and request him or her, within 21 days from the date of the notification, to submit a revised application or to confirm that the application has been withdrawn.

(2) Where the appropriate court receives the application for a protective certificate and accompanying documentation pursuant to subsection (1)(a), it shall consider the application and documentation and, subject to subsection (3)—

(a) if satisfied that the eligibility criteria specified in section 57 have been satisfied, and the other relevant requirements relating to an application for the issue of a protective certificate have been met, shall issue a protective certificate, and

(b) if not so satisfied, shall refuse to issue a protective certificate.

(3) The appropriate court, where it requires further information or evidence for the purpose of its arriving at a decision under subsection (2), may hold a hearing, which hearing shall be on notice to the Insolvency Service and the personal insolvency practitioner concerned.

(4) F58[…]

(5) Subject to F59[subsections (6), (7) and (7A)] and section 76(2), a protective certificate shall be in force for a period of 70 days from the date of its issue.

(6) Where a protective certificate has been issued pursuant to subsection (2)(a), F60[or extended under subsection (7) or (7A),] the appropriate court may, on application to that court by the personal insolvency practitioner, extend the period of the protective certificate by an additional period not exceeding 40 days where—

(a) the debtor and the personal insolvency practitioner satisfy the court that they have acted in good faith and with reasonable expedition, and

(b) the court is satisfied that it is likely that a proposal for a Debt Settlement Arrangement which is likely—

(i) to be accepted by the creditors, and

(ii) to be successfully completed by the debtor,

will be made if the extension is granted.

F59[(7) Where a protective certificate has been issued pursuant to subsection (2)(a) or extended under subsection (6) or (7A), the appropriate court may, on application to that court by a personal insolvency practitioner, extend the period of the protective certificate by an additional period not exceeding 40 days where—

(a) the personal insolvency practitioner has been appointed in accordance with section 49A, 49B or 49C, and

(b) the court is satisfied that the extension is necessary to enable the personal insolvency practitioner so appointed to perform his or her functions under this Chapter.]

F60[(7A) Where a protective certificate has been issued pursuant to subsection (2)(a), or extended under subsection (6) or (7), the appropriate court may, on application to that court by the personal insolvency practitioner, extend the period of the protective certificate by an additional period not exceeding 40 days, where the court is satisfied that, by reason of exceptional circumstances or of other factors which are substantially outside the control of the debtor and the personal insolvency practitioner, it would be just to grant the extension.]

(8) A hearing held under F59[this section] shall be held with all due expedition.

(9) The period of a protective certificate may be extended F59[once only under each of subsections (7) and (7A).].

(10) The registrar of the appropriate court shall notify the Insolvency Service and the personal insolvency practitioner concerned where the court—

(a) issues or extends a protective certificate under this section,

(b) refuses to issue or extend a protective certificate under this section, or

(c) decides to hold a hearing referred to in subsection (3).

F57[(11) Where a protective certificate is issued under this section, the Insolvency Service shall—

(a) record in the Register of Protective Certificates, in addition to such other details as may be prescribed under section 133(3)(b), the following—

(i) the name and address of the debtor and the date of issue of the protective certificate,

(ii) where applicable—

(I) the extension under this section of the protective certificate, and

(II) the making by the appropriate court of an order under section 63, and the creditor in respect of whom the order has been made,

and

(iii) the date on which the protective certificate ceases, under this Chapter, to be in force,

and

(b) within 3 months of the date on which the protective certificate ceases, under this Chapter, to be in force, remove from the Register of Protective Certificates all information recorded in it in respect of the protective certificate.]

(12) On receipt of a notification under subsection (10) of a decision of the court referred to in that subsection, the personal insolvency practitioner shall notify each of the creditors specified in the schedule of creditors of that decision and, in the case of a decision to issue a protective certificate, the notification by the personal insolvency practitioner shall contain a statement—

(a) that the debtor intends to make a proposal for a Debt Settlement Arrangement,

(b) of the effect of the protective certificate under section 62, and

(c) of the right of the creditor under section 63 to appeal the issue of the protective certificate.

(13) Notwithstanding the provisions of F59[subsections (5), (6), (7) and (7A),] a protective certificate that is in force on the date on which a proposal for a Debt Settlement Arrangement is approved in accordance with section 73 shall continue in force until it ceases to have effect in accordance with section 76.

(14) A protective certificate issued under this section shall—

(a) specify—

(i) the name of the debtor who is the subject of it,

(ii) the debts (“specified debts”) which are subject to it, and

(iii) the name of each creditor to whom a specified debt is owed,

and

(b) contain such other information as may be prescribed.

(15) In considering an application under this section the appropriate court shall be entitled to treat a certificate issued by the Insolvency Service under subsection (1) as evidence of the matters certified therein.

62.— (1) Subject to subsections (3), (4), (5) and (8), a creditor to whom notice of the issue of a protective certificate has been given shall not, whilst the protective certificate remains in force, in relation to a specified debt—

(a) initiate any legal proceedings;

(b) take any step to prosecute legal proceedings already initiated;

(c) take any step to secure or recover payment;

(d) execute or enforce a judgment or order of a court or tribunal against the debtor;

(e) take any step to recover goods in the possession or custody of the debtor, F61[whether or not] title to the goods is vested in the creditor or the creditor holds security over the goods;

(f) contact the debtor regarding payment of the specified debt, otherwise than at the request of the debtor;

(g) in relation to an agreement with the debtor, other than a security agreement, by reason only that the debtor is insolvent or that the protective certificate has been issued—

(i) terminate or amend that agreement, or

(ii) claim an accelerated payment under that agreement.

(2) Whilst a protective certificate remains in force, no bankruptcy petition relating to the debtor—

(a) may be presented by a creditor to whom subsection (1) applies in respect of a specified debt,

(b) in a case where the petition has been presented by such a creditor in respect of a specified debt, may be proceeded with.

(3) Without prejudice to subsections (1) and (2), and subject to section 68, whilst a protective certificate remains in force, no other proceedings and no execution or other legal process in respect of a specified debt may be commenced or continued by a creditor to whom subsection (1) applies against the debtor or his or her property, except with the leave of the court and subject to any order the court may make to stay such proceedings, enforcement or execution for such period as the court deems appropriate pending the outcome of attempts to reach a Debt Settlement Arrangement, but this subsection shall not operate to prohibit the commencement or continuation of any criminal proceedings against the debtor.

(4) Notwithstanding subsection (1), the fact that a protective certificate is in force in relation to a debtor under this Chapter shall not operate to prevent a creditor taking the actions referred to in subsection (1) as respects another person who has guaranteed the debts of the debtor to which the protective certificate relates.

(5) Notwithstanding subsection (1), the fact that a protective certificate is in force in relation to a debtor under this Chapter shall not operate to prevent a creditor taking the actions referred to in subsection (3) as respects a person who has jointly contracted with the debtor or is jointly liable with the debtor to the creditor and that other person may sue or be sued in respect of the contract without joining the debtor.

(6) Subsections (4) and (5) do not apply where a protective certificate is also in force as respects the other person.

(7) In reckoning any period of time for the purpose of any applicable limitation period in relation to any proceedings or process to which subsection (1) or (3) applies (including any limitation period under the Statute of Limitations 1957), the period in which the protective certificate concerned is in force under section 61 shall be disregarded.

(8) A secured debt shall not be subject to or affected by a protective certificate under this Chapter.

63.— (1) Where a creditor is aggrieved by the issue of a protective certificate that creditor may within 14 days of the giving of notice of the issue of the protective certificate to that creditor apply to the appropriate court for an order directing that the protective certificate shall not apply to that creditor.

(2) A creditor who brings an application under subsection (1) shall give notice to the Insolvency Service and the relevant personal insolvency practitioner and to such other persons as the court may direct of that fact, and the application shall be made in such form as is provided for in rules of court.

(3) In determining an application under this section the court shall not make an order directing that the protective certificate shall not apply to that creditor unless it is satisfied that—

(a) not making such an order would cause irreparable loss to the creditor which would not otherwise occur, and

(b) no other creditor to whom notice of the protective certificate has been given would be unfairly prejudiced.

(4) In determining the costs of the application the court shall have regard to the objective that all the parties to such an application should bear their own costs unless to do so would cause a serious injustice to the parties to the application.

(5) Where the court makes an order under this section, the court shall, unless it considers that there are good reasons not to do so, direct the creditor to hold any moneys or other assets recovered in trust for the benefit of the other creditors to whom the protective certificate applies, pending a further direction on the matter by the court.

(6) A hearing under subsection (1) shall be held with all due expedition.

64.— (1) Where a protective certificate has been issued, the personal insolvency practitioner shall as soon as practicable thereafter—

(a) give written notice to the creditors concerned that the personal insolvency practitioner has been appointed by the debtor for the purpose of making a proposal for a Debt Settlement Arrangement and, subject to section 67(2), invite those creditors to make submissions to the personal insolvency practitioner regarding the debts concerned and the manner in which the debts might be dealt with as part of a Debt Settlement Arrangement, and such notice shall be accompanied by the debtor’s completed Prescribed Financial Statement,

(b) consider any submissions made by creditors in accordance with paragraph (a) regarding the debts and the manner in which the debts might be dealt with as part of a Debt Settlement Arrangement, including any submission made by a creditor with respect to previous or existing offers of arrangements made by the creditor to or with the debtor, and

(c) make a proposal for a Debt Settlement Arrangement in respect of the debts concerned.

(2)(a) A personal insolvency practitioner may in any case request a creditor to file a proof of debt and the debt shall be proved in the same manner as a debt of a bankrupt is proved under the Bankruptcy Act 1988 and, subject to subsection (3), paragraphs 1 to 22 of the First Schedule of that Act shall apply with all necessary modifications to the proof of such debts.

(b) Subject to paragraph (c), a creditor who does not comply with a request under paragraph (a) is not entitled to—

(i) vote at a meeting referred to in section 72 or 82, or

(ii) share in any distribution that may be made under the Debt Settlement Arrangement concerned.

(c) Where a creditor to whom paragraph (b) applies files a proof of debt in the manner specified in paragraph (a), paragraph (b) shall cease to apply, but without prejudice to anything done while that paragraph applied.

(3) In applying the First Schedule of the Bankruptcy Act 1988 to proof of debts under this section—

(a) a reference in that Schedule to the Court and the Official Assignee shall be read as a reference to the personal insolvency practitioner, and

(b) a reference to a bankrupt shall be read as the reference to the debtor to whom the proposal for a Debt Settlement Arrangement relates.

65.— (1) Subject to the mandatory requirements referred to in subsection (2), the terms of a Debt Settlement Arrangement shall be those which are agreed to by the debtor and, subject to this Chapter, approved by a majority of the debtor’s creditors in accordance with this Chapter.

(2) The mandatory requirements referred to in subsection (1) are:

(a) the maximum duration of a Debt Settlement Arrangement shall be 60 months but a Debt Settlement Arrangement may provide that this period may be extended for a further period of not more than 12 months in such circumstances as are specified in the terms of the Debt Settlement Arrangement;

(b) where the debtor performs all of his or her obligations specified in a Debt Settlement Arrangement, he or she shall stand discharged from the remainder of the debts covered by the Debt Settlement Arrangement;

(c) a Debt Settlement Arrangement shall not require the debtor to sell any of his or her assets that are reasonably necessary for the debtor’s employment, business or vocation unless the debtor explicitly consents to such sale;

(d) a Debt Settlement Arrangement shall not contain any terms which would require the debtor to make payments of such an amount that the debtor would not have sufficient income to maintain a reasonable standard of living for the debtor and his or her dependants;

(e) a Debt Settlement Arrangement shall—

(i) make provision for the costs and outlays of the personal insolvency practitioner which relate to the matters referred to in F62[sections 48 to 54] and this Chapter and to the ongoing administration of the Arrangement,

F63[(ia) make provision for the payment of all tax liabilities incurred by the debtor, or by the personal insolvency practitioner, under the Taxes Consolidation Act 1997 during the administration of the Arrangement and—

(I) such tax liabilities of the personal insolvency practitioner shall be payable in priority to any payments to creditors, and

(II) any failure by the debtor to comply with the terms of the provision shall be a breach of the Arrangement such that the Collector-General (within the meaning of the Taxes Consolidation Act 1997) may withdraw his or her agreement under section 58 to accept the compromise contained in the Arrangement, ]

(ii) indicate the likely amount of the fees, costs and outlays to be incurred, or where this is not practicable, the basis on which those fees, costs and outlays will be calculated, and

(iii) specify the person or persons by whom those fees, costs and charges are payable and the manner in which they have been or are to be paid;

(f) a Debt Settlement Arrangement shall make provision for the manner in which the debtor’s debts are to be treated in the event of the death or mental incapacity of the debtor;

(g) a Debt Settlement Arrangement shall not require that the debtor dispose of his or her interest in his or her principal private residence or to cease to occupy such residence unless the provisions of section 69(3) apply;

(h) a Debt Settlement Arrangement shall provide that the circumstances of the debtor be reviewed by the personal insolvency practitioner at regular intervals which are specified in the Arrangement (which intervals are not greater than 12 months) during the currency of the Debt Settlement Arrangement;

(i) a Debt Settlement Arrangement shall provide that the review referred to in paragraph (h) shall include the preparation by the debtor of a new Prescribed Financial Statement, a copy of which together with a statement by the personal insolvency practitioner as to whether he or she considers that statement to be complete and accurate, shall be sent by the personal insolvency practitioner to each creditor;

(j) the terms of a Debt Settlement Arrangement shall specify the circumstances where the personal insolvency practitioner shall be obliged to propose a variation of the Debt Settlement Arrangement in accordance with section 82.

(3) The Insolvency Service may publish a Code of Practice providing guidance on any of the matters set out in subsection (2).

(4) For the purposes of subsection (2)(d), and without prejudice to subsection (3), in determining whether a debtor would have sufficient income to maintain a reasonable standard of living for the debtor and his or her dependants under the Debt Settlement Arrangement, regard shall be had to any guidelines issued under section 23.

66.— (1) Subject to the provisions of this Act, a proposal for a Debt Settlement Arrangement may incorporate one or more of the options in subsection (2) with respect to payments to creditors.

(2) The terms of a proposal for a Debt Settlement Arrangement may include any one or more of the following:

(a) a lump sum payment to creditors, whether provided from the debtor’s own resources or from the resources of other persons;

(b) a payment arrangement with creditors;

(c) an agreement by the debtor to transfer some or all of the debtor’s property to a person (who may be the personal insolvency practitioner) to hold the property in trust for the benefit of the creditors;

(d) a transfer of specified assets of the debtor to creditors generally or to a specified creditor;

(e) a sale of specified assets of the debtor by the personal insolvency practitioner and the payment of the proceeds of such sale to creditors.

(3) Unless provision is otherwise made in the Debt Settlement Arrangement, and subject to section 67, the arrangement shall provide for payments to creditors to be made on a pari passu basis, and where so otherwise provided the Debt Settlement Arrangement shall specify the reasons for such provision being made.

(4) Unless provision is otherwise made in the Debt Settlement Arrangement, where an Arrangement provides for payments to a creditor to whom section 58 applies that are greater than the payments that creditor would receive if such payments were made on a pari passu basis, the fees, costs and charges referred to in section 65(2)(e) shall be payable by that creditor in proportion to the payments received by him or her.

(5) The payment of moneys or the performance of obligations provided for by a Debt Settlement Arrangement may be secured by a charge or a guarantee given by the debtor or a charge or guarantee given by a person other than the debtor.

(6) Subject to the provisions of this Act, the terms of a Debt Settlement Arrangement may include provisions relating to payments other than those specified in this section.

67.— (1) Unless the creditor concerned otherwise agrees in writing and provision is so made in the terms of the Debt Settlement Arrangement, a preferential debt shall, subject to subsection (3), be paid in priority by the debtor and where those debts are to be paid in priority the provisions of section 81 of the Bankruptcy Act 1988 shall apply with all necessary modifications.

(2) In notifying creditors of the issue of a protective certificate, the personal insolvency practitioner shall indicate that any creditor who considers some or all of his or her debt to be a preferential debt is required to furnish evidence of the circumstances of how that debt or part of that debt is claimed to be a preferential debt within such reasonable period as may be specified, and that in the absence of such evidence, the proposal for a Debt Settlement Arrangement may be prepared on the basis that the debt concerned is not a preferential debt.

(3) Where a creditor fails to satisfy the personal insolvency practitioner that his or her debt is a preferential debt, the debt shall be treated as not being a preferential debt for the purposes of a Debt Settlement Arrangement.

(4) In this Chapter, “preferential debt” means a debt which, if the debtor concerned were a bankrupt would be a debt—

(a) that by virtue of section 81 of the Bankruptcy Act 1988 is to be paid in priority to all other debts, or

(b) that by virtue of any other statutory provision is to be included among such debts.

68.— (1) Subject to this section and section 62, nothing in this Chapter affects the right of a secured creditor of the debtor to enforce or otherwise deal with his or her security.

(2) A secured creditor of the debtor may not participate in a Debt Settlement Arrangement with respect to a secured debt.

(3) Subsection (2) shall not operate to prevent the debtor or the personal insolvency practitioner from liaising or sharing information (including a copy of the debtor’s Prescribed Financial Statement and information relating to a proposed or existing Debt Settlement Arrangement) with a secured creditor in connection with a proposed or existing Debt Settlement Arrangement.

(4) For the avoidance of doubt, a secured creditor shall not be deemed to participate in or otherwise be bound by a Debt Settlement Arrangement as a result of entering into an agreement with the debtor to vary the terms of the secured debt following contact between the secured creditor and debtor, or as applicable, the personal insolvency practitioner as referred to in subsection (3) (including, without limitation, any variation of the terms of the secured debt that would reduce the amounts payable by the debtor in respect of the secured debt for the duration of the Debt Settlement Arrangement).

69.— (1) In formulating a proposal for a Debt Settlement Arrangement a personal insolvency practitioner shall, insofar as reasonably practicable, and having regard to the matters referred to in subsection (2), formulate the proposal on terms that will not require the debtor to—

(a) dispose of an interest in, or

(b) cease to occupy,

all or a part of his or her principal private residence and the personal insolvency practitioner shall consider any appropriate alternatives.

(2) The matters referred to in subsection (1) are—

(a) the costs likely to be incurred by the debtor by remaining in occupation of his or her principal private residence (including rent, mortgage loan repayments, insurance payments, owners’ management company service charges and contributions, taxes or other charges relating to ownership or occupation of the property imposed by or under statute, and necessary maintenance in respect of the principal private residence),

(b) the debtor’s income and other financial circumstances as disclosed in the Prescribed Financial Statement,

(c) the ability of other persons residing with the debtor in the principal private residence to contribute to the costs referred to in paragraph (a), and

(d) the reasonable living accommodation needs of the debtor and his or her dependants and having regard to those needs the cost of alternative accommodation (including the costs which would necessarily be incurred in obtaining such accommodation).

(3) Where—

(a) the debtor confirms in writing to the personal insolvency practitioner that the debtor does not wish to remain in occupation of his or her principal private residence; or

(b) the personal insolvency practitioner, has, having discussed the issue with the debtor, formed the opinion that, taking account of the matters referred to in subsection (2), the costs of continuing to reside in the debtor’s principal private residence are disproportionately large,

the personal insolvency practitioner shall not be required to formulate the proposal for a Debt Settlement Arrangement on terms that will not require the debtor to cease to occupy his or her principal private residence.

(4) A Debt Settlement Arrangement shall not contain terms providing for a disposal of the debtor’s interest in the principal private residence unless:

(a) the debtor has obtained independent legal advice in relation to such disposal or, having been advised by the personal insolvency practitioner to obtain such legal advice, has declined to do so; and

(b) to the extent that the provisions of the Family Home Protection Act 1976 or the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 apply to the property, all relevant provisions of those Acts are complied with.

70.— (1) Where a personal insolvency practitioner has prepared a proposal for a Debt Settlement Arrangement and the debtor has consented to that proposal and the calling of a creditors’ meeting, the personal insolvency practitioner shall arrange for the holding of a meeting of the creditors of the debtor for the purpose of considering the proposal for a Debt Settlement Arrangement.

(2) When calling a creditors’ meeting under this section, the personal insolvency practitioner shall do so in accordance with any regulations under section 74 and, in any case, shall—

(a) give each creditor at least 14 days written notice of the meeting and the date on which, and time and place at which, the meeting will be held,

(b) ensure that the notice referred to in paragraph (a) is accompanied by a copy of each of the documents referred to in section 71, and

(c) lodge a copy of the notice referred to in paragraph (a) and the documents referred to in section 71 with the Insolvency Service.

(3) Where a creditors’ meeting referred to in subsection (1) does not take place before the expiry of the protective certificate, the Debt Settlement Arrangement procedure shall be deemed to have come to an end.

71.— (1) The documents referred to in section 70(2)(b) F64[and section 74A(2)(b) (inserted by section 7 of the Personal Insolvency (Amendment) Act 2015)] are—

(a) a completed statement of the debtor’s financial affairs, showing the debtor’s position of insolvency, in the form of the Prescribed Financial Statement;

(b) a document containing the terms of the proposal for a Debt Settlement Arrangement;

(c) a statement by the personal insolvency practitioner to the effect that—

(i) he or she has been instructed by the debtor to act as personal insolvency practitioner in connection with the Debt Settlement Arrangement procedure, he or she has consented to so act and that he or she is a person entitled to act as a personal insolvency practitioner,

(ii) he or she has advised the debtor in accordance with section 52 of the debtor’s options for managing the debtor’s financial difficulties,

(iii) he or she is not aware of any reasonable grounds to believe that the information contained in the debtor’s Prescribed Financial Statement is not complete and accurate, and

F65[(iv) he or she is of the opinion that—

(I) the debtor satisfies the eligibility criteria for the proposal of a Debt Settlement Arrangement specified in section 57,

(II) the proposed Debt Settlement Arrangement complies with the mandatory requirements referred to in section 65(2), and

(III) the proposed Debt Settlement Arrangement does not contain any terms that would release the debtor from an excluded debt, an excludable debt (other than a permitted debt) or a secured debt or otherwise affect such a debt;]

(d) a report of the personal insolvency practitioner—

(i) describing the outcome for creditors and, having regard to the financial circumstances of the debtor, whether or not the proposed Debt Settlement Arrangement represents a fair outcome for the creditors, and indicating, where relevant, how that financial outcome for creditors, (whether individually or as a member of a class of creditors) under the terms of the proposal is likely to be better than the estimated financial outcome for such creditors if the debtor were to be adjudicated a bankrupt (having regard to, amongst other things, the estimated costs of the bankruptcy process), and

(ii) indicating whether or not he or she is of the opinion that the debtor is reasonably likely to be able to comply with the terms of the proposed Debt Settlement Arrangement.

F66[(2) Where a debtor’s financial position has materially changed in the period between the completion by him or her of a Prescribed Financial Statement under section 50 and the giving of a notice under section 70(2) or, as the case may be, section 74A(2) (inserted by section 7 of the Personal Insolvency (Amendment) Act 2015)—

(a) the debtor shall inform the personal insolvency practitioner of that fact and of the nature of such change, and

(b) the personal insolvency practitioner shall, if he or she considers that the change necessitates the completion of a new Prescribed Financial Statement, assist the debtor in completing such a new statement, and where those circumstances arise a reference in this section to the Prescribed Financial Statement shall be construed as a reference to the new Prescribed Financial Statement.

(3) Where a new Prescribed Financial Statement is completed pursuant to subsection (2), the personal insolvency practitioner shall furnish a copy of that Statement to the Insolvency Service.]

72.— (1) A creditors’ meeting F67[called in accordance with section 70] shall be conducted in accordance with section 74 and any regulations made under that section.

(2) The personal insolvency practitioner may, where he or she believes it is in the interests of obtaining approval of a proposed Debt Settlement Arrangement by the creditors at the meeting, adjourn the meeting and, with the consent in writing of the debtor, shall prepare an amended proposal for a Debt Settlement Arrangement.

(3) Where the personal insolvency practitioner prepares an amended proposal for a Debt Settlement Arrangement pursuant to subsection (2) he or she shall—

(a) notify the debtor of the date on which, and time and place at which, the adjourned meeting will be held,

(b) at least 7 days before the day of the adjourned meeting, unless all of the creditors agree in writing to receive a shorter period of notice, notify each creditor of the date on which, and time and place at which, the adjourned meeting will be held,

(c) ensure that the notices referred to in paragraphs (a) and (b) are accompanied by a copy of the amended proposal, and

(d) lodge a copy of the notice referred to in paragraph (b) and a copy of the amended proposal with the Insolvency Service.

(4) An adjournment for the purpose of preparing an amended proposal for a Debt Settlement Arrangement pursuant to subsection (2) may occur once only in the course of the period of validity of a protective certificate (including any extension of such period).

(5) Subject to subsection (6), creditors at a meeting under this section, having considered a proposal for a Debt Settlement Arrangement shall vote, in accordance with section 73, either by voting in favour or against the approval of the proposed Debt Settlement Arrangement.

(6) Subject to subsection (2), the proposal for a Debt Settlement Arrangement may, before the proposal has been voted upon, be subject to a proposal for a modification where the modification addresses an ambiguity or rectifies an error in the proposed Debt Settlement Arrangement and where—

(a) the modification has been proposed by a creditor or the personal insolvency practitioner, and

(b) the debtor gives his or her written consent to the modification.

(7) Where, on the taking of a vote under subsection (5), the proposal is not approved F68[or deemed to have been approved] in accordance with section 73, the Debt Settlement Arrangement procedure shall be deemed to have come to an end, and the protective certificate issued under section 61 shall cease to have effect.

(8) F69[…]

73.— (1) A vote held under section 72(5) shall be held in accordance with this section and regulations under section 74.

(2) The voting rights exercisable by a creditor at a creditors’ meeting shall be proportionate to the amount of the debt due by the debtor to the creditor on the day the protective certificate is issued.

(3) F70[…]

(4) A creditor who is a connected person of the debtor may not vote in favour of a proposal for a Debt Settlement Arrangement at a creditors’ meeting.

(5) Subject to any regulations made under section 74 relating to proxies, for the purposes of this section, only the person who appears to the personal insolvency practitioner to be the owner of the debt (or an agent acting on behalf of that person) shall be entitled to receive notices required to be sent to a creditor under this Chapter or to vote at the creditors’ meeting.

F71[(6) A proposal for a Debt Settlement Arrangement shall be considered as having been approved by a creditors’ meeting held under this Chapter where creditors representing not less than 65 per cent of the total amount of the debtor’s debts due to the creditors participating in the meeting and voting have voted in favour of the proposal.]

(7) F71[Where a vote is held under section 72(5) and no creditor votes,] the proposed Debt Settlement Arrangement shall be deemed to have been approved under this section.

74.— (1) The Minister may make regulations relating to the holding of creditors’ meetings under this Chapter, and without prejudice to the generality of the Minister’s power under this section, such regulations may provide for—

(a) the holding of a meeting in circumstances where not all of the creditors are present in the same venue,

(b) the voting process including providing for the communication of creditors’ votes to the personal insolvency practitioner by telephony or electronically, and

(c) appointment of proxies to vote at such meetings.

(2) The venue for the holding of a creditors’ meeting shall be situated within the State.

(3) The period of notice of the meeting of creditors may be waived or abridged where the consent of all the creditors to such waiver or abridgement is given in writing.

74A. (1) Where—

(a) a personal insolvency practitioner has prepared a proposal for a Debt Settlement Arrangement and the debtor has consented to that proposal, and

(b) only one creditor would be entitled to vote at a creditors’ meeting held under this Chapter (whether in respect of one or more debts),

the procedures specified in this section, and not those specified in sections 70, 72 and 73, shall apply in relation to the approval by that creditor of the proposal for a Debt Settlement Arrangement.

(2) A personal insolvency practitioner referred to in subsection (1) shall—

(a) give written notice to the creditor that the proposal for a Debt Settlement Arrangement has been prepared and that the creditor may, within the period specified in subsection (6) (a), notify the personal insolvency practitioner in writing of his or her approval or otherwise of that proposal,

(b) ensure that the notice referred to in paragraph (a) is accompanied by a copy of each of the documents referred to in section 71, and

(c) lodge a copy of the notice referred to in paragraph (a) and the documents referred to in paragraph (b) with the Insolvency Service.

(3) A personal insolvency practitioner who has complied with subsection (2) may, where he or she believes it is in the interests of obtaining approval of a proposed Debt Settlement Arrangement by the creditor and with the consent in writing of the debtor, prepare an amended proposal for a Debt Settlement Arrangement.

(4) Where the personal insolvency practitioner prepares an amended proposal for a Debt Settlement Arrangement pursuant to subsection (3) he or she shall—

(a) give written notice to the creditor that he or she may, within the period specified in subsection (6)(b), notify the personal insolvency practitioner in writing of his or her approval or otherwise of the amended proposal, which notice shall be accompanied by a copy of the amended proposal,

(b) give the debtor a copy of the documents referred to in paragraph (a), and

(c) lodge a copy of the documents referred to in paragraph (a) with the Insolvency Service.

(5) A proposal for a Debt Settlement Arrangement may, before the creditor has notified the personal insolvency practitioner of his or her approval or otherwise of the proposal, be subject to a proposal for a modification where the modification addresses an ambiguity or rectifies an error in the proposed Debt Settlement Arrangement and where—

(a) the modification has been proposed by the creditor or the personal insolvency practitioner, and

(b) the debtor gives his or her written consent to the modification.

(6) A creditor to whom this section applies shall notify the personal insolvency practitioner in writing of his or her approval or otherwise of a proposal for a Debt Settlement Arrangement within—

(a) 14 days of the giving to him or her of the notice under subsection (2), or

(b) if later, 7 days of the date on which a notice under subsection (4) (a) is first given to him or her.

(7) A proposal for a Debt Settlement Arrangement to which this section applies—

(a) shall be considered as having been approved by the creditor concerned where that creditor notifies the personal insolvency practitioner in accordance with subsection (6) of the creditor’s approval of that proposal, and

(b) where that creditor fails to comply with subsection (6), shall be deemed to have been approved by the creditor concerned.

(8) Where a creditor to whom this section applies notifies the personal insolvency practitioner in accordance with subsection (6) that he or she does not approve of the proposal, the Debt Settlement Arrangement procedure shall be deemed to have come to an end and the protective certificate issued under section 61 shall cease to have effect.

(9) Where a personal insolvency practitioner fails to give the creditor a notice under subsection (2) before the expiry of the protective certificate, the Debt Settlement Arrangement procedure shall be deemed to have come to an end.

(10) Where this section applies, a reference in section 61(13) to section 73 shall be construed as a reference to this section.]

75.—F73[(1) Where a Debt Settlement Arrangement is approved or, as the case may be, deemed to have been approved at a creditors’ meeting in accordance with section 73, the personal insolvency practitioner shall as soon as practicable after the meeting has concluded notify the Insolvency Service and each creditor concerned of that approval or, as the case may be, deemed approval, which notification shall be accompanied by—

(a) (i) subject to subparagraph (ii), a certificate with the result of the vote taken at the creditors’ meeting, identifying the number of votes, in value of the creditors present and voting, in favour of and against the proposed Debt Settlement Arrangement, and stating that the requisite proportion of creditors referred to in section 73(6) has approved the proposal for a Debt Settlement Arrangement, or

(ii) where section 73(7) applies to the proposal, a certificate to that effect,

(b) a copy of the approved Debt Settlement Arrangement, and

(c) a statement by the personal insolvency practitioner to the effect that he or she is of the opinion that—

(i) the debtor satisfies the eligibility criteria for the proposal of a Debt Settlement Arrangement specified in section 57,

(ii) the approved Debt Settlement Arrangement complies with the mandatory requirements referred to in section 65(2), and

(iii) the approved Debt Settlement Arrangement does not contain any terms that would release the debtor from an excluded debt, an excludable debt (other than a permitted debt) or a secured debt or otherwise affect such a debt.]

F74[(1A) Where a Debt Settlement Arrangement is approved or, as the case may be, deemed to have been approved in accordance with section 74A(7) (inserted by section 7 of the Personal Insolvency (Amendment) Act 2015), the personal insolvency practitioner shall as soon as practicable thereafter notify the Insolvency Service and each creditor concerned of that approval or, as the case may be, deemed approval, which notification shall be accompanied by—

(a) a certificate stating that section 74A applies to the proposed Debt Settlement Arrangement and that the proposal concerned has been approved or, as the case may be, deemed to have been approved in accordance with section 74A(7) by the only creditor entitled to vote on the proposal,

(b) a copy of the approved Debt Settlement Arrangement, and

(c) a statement by the personal insolvency practitioner to the effect that he or she is of the opinion that—

(i) the debtor satisfies the eligibility criteria for the proposal of a Debt Settlement Arrangement specified in section 57,

(ii) the approved Debt Settlement Arrangement complies with the mandatory requirements referred to in section 65(2), and

(iii) the approved Debt Settlement Arrangement does not contain any terms that would release the debtor from an excluded debt, an excludable debt (other than a permitted debt) or a secured debt or otherwise affect such a debt.]

(2) The personal insolvency practitioner shall, in addition to the documents referred to in subsection (1) F75[or, as the case may be, subsection (1A) (inserted by section 8(b) of the Personal Insolvency (Amendment) Act 2015),] also send a notice to each creditor indicating that he or she may make objection to the coming into effect of the Debt Settlement Arrangement by lodging a notice of objection with the appropriate court, within 14 days of the date of the sending of that notice.

(3) A creditor may lodge a notice of objection with the appropriate court within 14 days of the date of the sending by the personal insolvency practitioner of the notice referred to in subsection (2) and shall at the same time send a copy of the notice of objection to—

(a) the Insolvency Service, and

(b) the personal insolvency practitioner.

76.—F76[(1) On receipt of a notification and accompanying documents from the personal insolvency practitioner pursuant to section 75(1) (as amended by section 71 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013) F77[or, as the case may be, section 75(1A) (inserted by section 8(b) of the Personal Insolvency (Amendment) Act 2015)], the Insolvency Service shall—

(a) notify the appropriate court and furnish to that court a copy of the notification and documents, and

(b) record the approval of the Debt Settlement Arrangement concerned in the Register of Debt Settlement Arrangements.]

(2) Where the notification of the personal insolvency practitioner is received by the Insolvency Service before the expiry of the period of the protective certificate, such protective certificate shall continue in force until the Debt Settlement Arrangement comes into effect or all objections lodged with the appropriate court pursuant to section 75(3) have been determined by the court.

77.— (1) The grounds on which objection may be made to the coming into effect of the Debt Settlement Arrangement are those specified in section 87.

(2) The hearing of an objection lodged under section 75(3) shall be heard with all due expedition.

(3) Where the appropriate court upholds the objection to the Debt Settlement Arrangement, the Debt Settlement Arrangement procedure shall be deemed to have come to an end, and the protective certificate issued under section 61 shall cease to have effect.

78.— (1) Where—

(a) no objection is lodged by a creditor with the appropriate court within 14 days of the giving of the notice referred to in section 75, or

(b) an objection is lodged with the appropriate court and the matter is determined by the court on the basis that the objection should not be allowed,

the appropriate court shall proceed to consider, in accordance with this section, whether to approve the coming into effect of the Debt Settlement Arrangement.

(2) For the purposes of its consideration under subsection (1), the appropriate court shall consider F78[the notification and documents] furnished to it under section 76(1) and, subject to subsection (3)—

(a) shall approve the coming into effect of the Arrangement, if satisfied that the—

(i) eligibility criteria specified in section 57 have been satisfied,

(ii) mandatory requirements referred to in section 65(2) have been complied with,

(iii) Debt Settlement Arrangement does not contain any terms that would release the debtor from an excluded debt, an excludable debt (other than a permitted debt) or a secured debt or otherwise affect such a debt, and

F79[(iv) proposal for a Debt Settlement Arrangement, as the case may be—

(I) has been approved by the requisite proportion of creditors referred to in section 73(6),

(II) is one to which section 73(7) applies, or

(III) has been approved or, as the case may be, deemed to have been approved in accordance with section 74A(7) (inserted by section 7 of the Personal Insolvency (Amendment) Act 2015),]

and

(b) if not so satisfied, shall refuse to approve the coming into effect of the Debt Settlement Arrangement.

F78[(3) Where the appropriate court, for the purpose of its arriving at a decision under subsection (2), requires—

(a) further information, it may request the Insolvency Service to provide this information, and the Insolvency Service shall provide the information requested to the court and to the personal insolvency practitioner concerned, or

(b) further information or evidence, it may hold a hearing, which hearing shall be on notice to the Insolvency Service and the personal insolvency practitioner concerned.]

(4) F80[…]

F79[(5) For the purposes of subsection (2), the appropriate court may accept—

(a) the certificate of the personal insolvency practitioner referred to in section 75(1)(a)(i) (as amended by section 8(a) of the Personal Insolvency (Amendment) Act 2015) as evidence that the proposal for a Debt Settlement Arrangement has been approved by the requisite proportion of creditors referred to in section 73(6),

(b) the certificate of the personal insolvency practitioner referred to in section 75(1)(a)(ii) (as amended by section 8(a) of the Personal Insolvency (Amendment) Act 2015) as evidence that the proposal for a Debt Settlement Arrangement is one to which section 73(7) applies,

(c) the certificate of the personal insolvency practitioner referred to in section 75(1A) (inserted by section 8(b) of the Personal Insolvency (Amendment) Act 2015) as evidence that the Debt Settlement Arrangement has been approved or, as the case may be, deemed to have been approved in accordance with section 74A(7) (inserted by section 7 of the Personal Insolvency (Amendment) Act 2015), and

(d) the statement of the personal insolvency practitioner referred to in section 75(1)(c) (as amended by section 71 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013) or, as the case may be, section 75(1A)(c) (inserted by section 8(b) of the Personal Insolvency (Amendment) Act 2015) as evidence of any matter referred to in subsection (2) which is the subject of that statement.]

(6) The registrar of the appropriate court shall notify the Insolvency Service and the personal insolvency practitioner concerned where the court—

(a) approves or refuses to approve the coming into effect of the Debt Settlement Arrangement under this section, or

(b) decides to hold a hearing referred to in subsection (3).

(7) On receipt of a notification under subsection (6) of the approval of the coming into effect of the Debt Settlement Arrangement, the Insolvency Service shall register the Debt Settlement Arrangement in the Register of Debt Settlement Arrangements.

(8) The Debt Settlement Arrangement shall come into effect upon being registered in the Register of Debt Settlement Arrangements.

79.— (1) A Debt Settlement Arrangement having been registered in the Register of Debt Settlement Arrangements shall have effect according to its terms and remain in effect until—

(a) it is completed in accordance with its terms or the terms of any variation made, or

(b) it is terminated in accordance with this Chapter.

(2) While a Debt Settlement Arrangement is in effect, the following shall be parties to it and, subject to this Act, shall be bound by its terms—

(a) the debtor, and

(b) in respect of every specified debt, the creditor concerned.

(3) Where a Debt Settlement Arrangement is in effect, a creditor who is bound by it shall not, in relation to a specified debt—

(a) initiate any legal proceedings;

(b) take any step to prosecute legal proceedings already initiated;

(c) take any step to secure or recover payment;

(d) execute or enforce a judgment or order of a court or tribunal against the debtor;

(e) take any step to recover goods in the possession or custody of the debtor, unless title to the goods is vested in the creditor or the creditor F81[holds security] over the goods;

(f) contact the debtor regarding payment of the specified debt otherwise than at the request of the debtor;

(g) in relation to an agreement with the debtor, other than a security agreement, by reason only that the debtor is insolvent or that a Debt Settlement Arrangement is in effect—

(i) terminate or amend that agreement, or

(ii) claim an accelerated payment under that agreement.

(4) Where a Debt Settlement Arrangement is in effect, a creditor of that debtor shall not apply for the issue of a summons under section 8 of the Bankruptcy Act 1988 or present a petition to have the debtor concerned adjudicated a bankrupt in respect of a debt covered by the Debt Settlement Arrangement.

(5) Where a Debt Settlement Arrangement is in effect, and a creditor of that debtor has applied for the issue of a summons under section 8 of the Bankruptcy Act 1988 or has presented a petition to have the debtor concerned adjudicated a bankrupt in respect of a debt covered by the Debt Settlement Arrangement, the creditor shall not proceed with the summons or the petition.

(6) Nothing in subsections (3) and (4) shall operate to prevent a creditor taking the actions referred to in those subsections as respects a person who has jointly contracted with the debtor or is jointly liable with the debtor to the creditor and that other person may sue or be sued in respect of the contract without joining the debtor.

(7) Subsection (6) does not apply where a Debt Settlement Arrangement is also in effect as respects the other person.

(8) In reckoning any period of time for the purpose of any applicable limitation period in relation to any proceedings or process to which this section applies (including any limitation period under the Statute of Limitations 1957), the period in which the Debt Settlement Arrangement is in effect shall be disregarded.

(9) The period for which any judgment against the debtor in relation to a debt which is the subject of a Debt Settlement Arrangement has effect (whether under statute or rule of court) shall, subject to the provisions of this Act be extended by the period that the Debt Settlement Arrangement is in effect.

(10) Notwithstanding subsections (3) and (4), the fact that a Debt Settlement Arrangement is in effect in relation to a debtor under this Chapter shall not operate to prevent a creditor taking the actions referred to in subsection (3) or (4) as respects another person who has guaranteed the specified debts concerned.

(11) The Deeds of Arrangement Act 1887 does not apply to a Debt Settlement Arrangement.

(12) In this section, “specified debt” means a debt that is specified in a Debt Settlement Arrangement as being subject to that Arrangement.

80.— (1) Subject to the provisions of this section, a Debt Settlement Arrangement shall operate according to the terms of that Arrangement and a debtor or creditor who is party to that Arrangement shall perform his or her obligations in accordance with its terms.

(2) Unless otherwise provided by the Debt Settlement Arrangement, payments to be made to creditors under the terms of the Arrangement shall be made by the debtor through the personal insolvency practitioner concerned.

(3) The personal insolvency practitioner shall transmit payments received to each of the creditors in the agreed proportion on a timely basis.

(4) The personal insolvency practitioner shall maintain regular contact with the debtor and request such reports and conduct such reviews as may be required, but such review shall in any event be carried out at least once in every period of 12 months.

(5) The personal insolvency practitioner shall monitor implementation of the Arrangement and where the debtor has defaulted or appears likely to default in his or her obligations under the Arrangement, discuss the matter with the debtor.

(6) Where the circumstances of the debtor have changed in a material respect the personal insolvency practitioner shall provide information to the debtor regarding his or her right or obligation to initiate an application to vary the Arrangement in accordance with section 82.

(7) Where the circumstances of a debtor have changed to such an extent that a variation in the terms of an Arrangement is appropriate, the personal insolvency practitioner shall take the necessary steps to initiate a variation of the Arrangement under section 82.

(8) The personal insolvency practitioner shall deal with the property of the debtor in accordance with the Debt Settlement Arrangement.

(9) The personal insolvency practitioner shall respond in a timely manner to requests for information regarding the operation of the Arrangement from—

(a) the Insolvency Service,

(b) the debtor, and

(c) the creditors.

(10) The personal insolvency practitioner shall maintain complete and accurate records of account of the moneys received from the debtor and the moneys disbursed to the creditors and such moneys shall while in the possession and control of the personal insolvency practitioner be maintained in an account in the State with a bank authorised to carry on business in the State, which account is used solely for the purposes of receiving payments from the debtor and transmitting such payments to creditors (after the deduction of any fees, costs and outlays payable to the personal insolvency practitioner permitted to be made under this Act and in accordance with the Debt Settlement Arrangement).

81.— (1) A debtor who participates in any process under this Chapter is under an obligation to act in good faith, and in his or her dealings with the personal insolvency practitioner concerned to make full disclosure to that practitioner of all of his or her assets, income and liabilities and of all other circumstances that are reasonably likely to have a bearing on the ability of the debtor to make payments to his or her creditors.

(2) A debtor who participates in any part of the process of applying for or operating a Debt Settlement Arrangement shall co-operate fully in the process, and in particular comply with any reasonable request from the personal insolvency practitioner to provide assistance, documents and information necessary for the application of the process to the debtor’s case or the carrying out of the personal insolvency practitioner’s functions, including any debt, tax, employment, business, social welfare or other financial records.

(3) A debtor in respect of whom a Debt Settlement Arrangement is in effect is under an obligation to inform the personal insolvency practitioner as soon as reasonably practicable of any material change in the debtor’s circumstances, particularly an increase or decrease in the extent of the debtor’s assets, liabilities or income, which would affect the debtor’s ability to make repayments under the Debt Settlement Arrangement.

(4) A debtor in respect of whom a Debt Settlement Arrangement is in effect shall not, either alone or with any other person, obtain credit in an amount of more than €650 from any person without informing that person that he or she is subject as a debtor to a Debt Settlement Arrangement.

(5) A debtor in respect of whom a Debt Settlement Arrangement is in effect shall not transfer, lease, grant security over, or otherwise dispose of any interest in property above a prescribed value otherwise than in accordance with the terms of the Debt Settlement Arrangement.

(6) A debtor shall inform the personal insolvency practitioner as soon as reasonably practicable after becoming aware of any inaccuracy or omission in the debtor’s statement of affairs based on the Prescribed Financial Statement.

(7) A debtor who participates in a Debt Settlement Arrangement shall not pay to creditors any additional payments separate to the Debt Settlement Arrangement in respect of debts covered in the Debt Settlement Arrangement.

F82[82. (1) Subject to this section, a Debt Settlement Arrangement may be varied in accordance with its terms.

(2) A personal insolvency practitioner, whether on his or her own initiative or on a request made in accordance with subsection (3), shall propose a variation of a Debt Settlement Arrangement (in this section referred to as a ‘variation’) where—

(a) it appears to the personal insolvency practitioner that there has been a material change in the debtor’s circumstances, and

(b) the personal insolvency practitioner is satisfied that there is a reasonable prospect that a variation that addresses such circumstances would be approved in accordance with this section.

(3) A debtor or creditor who is bound by a Debt Settlement Arrangement may request the personal insolvency practitioner to propose a variation of the Arrangement, which request shall be—

(a) in writing,

(b) accompanied by information or evidence to support the assertion that there has been a material change in the debtor’s circumstances, and

(c) accompanied by the written consent of the person making the request to the—

(i) making by the personal insolvency practitioner of an enquiry under subsection (4), and

(ii) disclosure by the personal insolvency practitioner of personal data of the person, to the extent necessary for such an enquiry.

(4) A personal insolvency practitioner shall, within 21 days of receipt of a request under subsection (3), decide whether paragraphs (a) and (b) of subsection (2) apply in relation to the Debt Settlement Arrangement concerned and, for that purpose—

(a) may request any further information he or she requires from the person who made the request, and

(b) may make such enquiries as he or she considers necessary in order to arrive at his or her decision.

(5) For the purpose of deciding, whether under subsection (4) or otherwise, whether paragraphs (a) and (b) of subsection (2) apply in relation to the Debt Settlement Arrangement concerned, the personal insolvency practitioner may require the debtor concerned, where necessary with the assistance of the personal insolvency practitioner, to complete a new Prescribed Financial Statement.

(6) Where the personal insolvency practitioner is satisfied that paragraphs (a) and (b) of subsection (2) apply in relation to the Debt Settlement Arrangement concerned, he or she shall without delay—

(a) require the debtor concerned, where necessary with the assistance of the personal insolvency practitioner, to complete a new Prescribed Financial Statement, unless the debtor has completed a Prescribed Financial Statement under subsection (5) and the information contained in it remains complete and accurate,

(b) formulate a proposal for a variation,

(c) seek the written consent of the debtor to the proposal and, subject to subsection (8), to the calling of a meeting of the creditors of the debtor for the purpose of considering the proposal, and

(d) subject to subsection (8), where the consent of the debtor referred to in paragraph (c) has been given, arrange for the holding of the meeting referred to in that paragraph.

(7) When calling a creditors’ meeting to be held under this section, the personal insolvency practitioner shall—

(a) give each creditor at least 14 days’ written notice of the meeting and the date on which, and the time and place at which, the meeting will be held,

(b) ensure that the notice referred to in paragraph (a) is accompanied by—

(i) a written proposal for the variation of the Debt Settlement Arrangement,

(ii) a report of the personal insolvency practitioner—

(I) describing the outcome for the creditors and for the debtor under the terms of the proposal, and

(II) indicating whether or not he or she is of the opinion that the debtor is reasonably likely to be able to comply with the terms of the Debt Settlement Arrangement as varied in accordance with the proposal,

(iii) the Prescribed Financial Statement completed by the debtor under subsection (5) or (6), as the case may be, and

(iv) such other information obtained by the personal insolvency practitioner under this section as he or she considers relevant,

and

(c) lodge a copy of the notice referred to in paragraph (a) and the documents referred to in paragraph (b) with the Insolvency Service.

(8) Where only one creditor would be entitled to vote at a creditors’ meeting under this section (whether in respect of one or more debts), the personal insolvency practitioner shall, in place of holding such a meeting, give notice to the creditor of the proposal for a variation, and paragraphs (b) and (c) of subsection (7) shall apply in respect of that notice.

(9) The provisions of sections 65 to 69 and sections 72 to 78 (other than subsections (2) and (3) of section 67, sections 72(4), 72(7), 73(2), 74A(7) (inserted by section 7 of the Personal Insolvency (Amendment) Act 2015), 75(1)(c)(i) (as amended by section 8(a) of the Personal Insolvency (Amendment) Act 2015), 75(1A)(c)(i) (inserted by section 8(b) of the Personal Insolvency (Amendment) Act 2015), 76(2), 77(3) and 78(2)(a)(i)) and section 87 shall apply in relation to a variation of a Debt Settlement Arrangement under this section, subject to the following modifications and any other necessary modifications—

(a) a reference to a Debt Settlement Arrangement shall be construed as a reference to a Debt Settlement Arrangement as varied in accordance with this Chapter,

(b) a reference to a proposal for a Debt Settlement Arrangement shall be construed as a reference to a proposal for the variation of a Debt Settlement Arrangement, and a reference to a proposed Debt Settlement Arrangement shall be construed as a reference to a proposed variation of a Debt Settlement Arrangement,

(c) a reference to a Prescribed Financial Statement shall be construed as a reference to the Prescribed Financial Statement completed by the debtor under subsection (5) or (6), as the case may be,

(d) the variation of a Debt Settlement Arrangement shall not have the effect of extending the duration of that Debt Settlement Arrangement beyond the maximum duration permitted under section 65(2)(a),

(e) a Debt Settlement Arrangement as varied under this section shall, in addition to containing the information referred to in section 65(2) (e), make provision for the costs and outlays of the personal insolvency practitioner which relate to this section,

(f) a reference to a creditors’ meeting shall be construed as a reference to a creditors’ meeting called under this section,

(g) an adjournment pursuant to section 72(2) may occur once only in the course of a creditors’ meeting, and

(h) a reference in section 78(5) (c) (as amended by section 10(b) of the Personal Insolvency (Amendment) Act 2015) to section 74A(7) shall be construed as a reference to subsection (11).

(10) The voting rights exercisable by a creditor at a creditors’ meeting under this section shall be proportionate to the amount of the debt due by the debtor to the creditor on the day on which the vote is held.

(11) (a) Where subsection (8) applies, the creditor concerned shall notify the personal insolvency practitioner in writing of his or her approval or otherwise of a proposal for the variation of a Debt Settlement Arrangement within—

(i) 14 days of the giving to him or her of the notice under that subsection, or

(ii) if later, 7 days of the date on which a notice under section 74A(4)(a) is first given to him or her.

(b) A proposal referred to in paragraph (a) —

(i) shall be considered as having been approved by the creditor concerned where that creditor notifies the personal insolvency practitioner in accordance with that paragraph of the creditor’s approval of the proposal, and

(ii) where that creditor fails to comply with that paragraph, shall be deemed to have been approved by the creditor concerned.

(12) Where—

(a) on the taking of a vote at a creditors’ meeting under this section, the proposal is not approved in accordance with section 73,

(b) subsection (8) applies and the proposal is not approved in accordance with subsection (11), or

(c) the appropriate court upholds the objection of a creditor to the variation of a Debt Settlement Arrangement coming into effect,

the Debt Settlement Arrangement concerned shall, without prejudice to the other provisions of this Act, continue in effect without being subject to such variation.

(13) Subsection (12) shall be without prejudice to the entitlement of the personal insolvency practitioner to propose another variation of the Debt Settlement Arrangement in accordance with this section.

(14) Subject to subsection (15), an unreasonable refusal by the debtor to give his or her consent—

(a) under subsection (6) to a proposal for a variation or the calling of a creditors’ meeting, or

(b) under subsection (2) or (6) of section 72 or, as the case may be, subsection (3) or (5) of section 74A (inserted by section 7 of the Personal Insolvency (Amendment) Act 2015),

shall be grounds for an application under section 83(1) (g).

(15) A debtor who refuses to give his or her consent under a provision referred to in subsection (14) shall be considered to be acting reasonably where the proposal in relation to which the consent is sought would require the debtor—

(a) where there has been an increase in the debtor’s income, to make additional payments in excess of 50 per cent of the increase in his or her income available to him or her after the following deductions (where applicable) are made:

(i) income tax;

(ii) social insurance contributions;

(iii) payments made by him or her in respect of excluded debts;

(iv) payments made by him or her in respect of excludable debts that are not permitted debts;

(v) such other levies and charges on income as may be prescribed,

or

(b) to make a payment amounting to more than 50 per cent of the value of any property acquired by the debtor after the coming into effect of the Debt Settlement Arrangement that is proposed to be varied, unless receipt of that property had been anticipated by the terms of that Arrangement.

(16) A reference in this Chapter to a Debt Settlement Arrangement shall be construed as including such an arrangement as proposed to be varied or, as varied in accordance with this section, unless the context otherwise requires.

(17) In this section, ‘material change in the debtor’s circumstances’ means a change in the debtor’s circumstances that would materially affect his or her ability to make payments, or otherwise perform his or her obligations, under the Debt Settlement Arrangement, and includes an increase or decrease in the extent of the debtor’s assets, liabilities or income.]

83.— (1) Without prejudice to section 87, a creditor or a personal insolvency practitioner may, as respects a Debt Settlement Arrangement, at any time during which the arrangement concerned is in effect, apply to the appropriate court to have that Debt Settlement Arrangement terminated, and such application shall be limited to the following grounds:

(a) a material inaccuracy or omission exists in the debtor’s Prescribed Financial Statement, which causes a material detriment to the creditor;

(b) the debtor, when the Debt Settlement Arrangement was proposed, did not satisfy the eligibility criteria specified in section 57;

(c) the debtor did not comply with the duties and obligations imposed on him or her under the Debt Settlement Arrangement process;

(d) the debtor has since the coming into effect of the Debt Settlement Arrangement committed an offence under this Act;

(e) the debtor is in arrears with his or her payments for a period of not less than 3 months;

(f) the debtor has failed to carry out any action necessary to enable a term of the Debt Settlement Arrangement to have effect;

(g) the debtor has unreasonably refused to consent to a variation of the Debt Settlement Arrangement.

(2) For the purposes of subsection (1)(e), a debtor is in arrears with his or her payments for a period of not less than 3 months where—

(a) at the beginning of the 3 month period ending immediately before the day on which the application was made, one or more than one payment in respect of the debts became due and payable by the debtor under the Debt Settlement Arrangement, and

(b) at no time during that 3 month period were any obligations in respect of those payments discharged.

(3) On hearing an application under subsection (1), the appropriate court may—

(a) dismiss the application,

(b) terminate the Debt Settlement Arrangement, or

(c) order the personal insolvency practitioner to propose the variation of the Arrangement in accordance with section 82.

F83[(4) Where the appropriate court makes a decision under subsection (3)—

(a) the Registrar of the appropriate court shall notify the Insolvency Service of the decision, and

(b) the Insolvency Service, on receipt of the notification under paragraph (a), shall notify the personal insolvency practitioner and the specified creditors concerned of the decision.

(5) Where the appropriate court decides, under subsection (3), to terminate a Debt Settlement Arrangement, the Insolvency Service shall, on receipt of the notification under subsection (4) of that termination, record the fact of the termination of the Debt Settlement Arrangement in the Register of Debt Settlement Arrangements.]

84.— (1) Where the debtor is in arrears with his or her payments for a period of 6 months the Debt Settlement Arrangement shall be deemed to have failed and shall terminate where the personal insolvency practitioner notifies the Insolvency Service and the debtor of such default.

(2) Where the Insolvency Service receives a notification of default referred to in subsection (1), it shall record the failure of the Debt Settlement Arrangement in the Register of Debt Settlement Arrangements.

(3) For the purposes of subsection (1), a debtor is in arrears with his or her payments for a period of 6 months on a given date if—

(a) at the beginning of the 6 month period ending immediately before that date, one or more than one payment in respect of a debt became due and payable by the debtor under the Debt Settlement Arrangement, and

(b) at no time during that 6 month period were any obligations in respect of those payments discharged.

85.— (1) Subject to subsection (2), where a Debt Settlement Arrangement has been deemed to have failed or has terminated under this Chapter, the debtor shall thereupon be liable in full for all debts covered by the Debt Settlement Arrangement (including any arrears, charges and interest that have accrued during the continuance of the Debt Settlement Arrangement but excluding any amounts paid in respect of those debts during the continuance of the Debt Settlement Arrangement), unless:

(a) the terms of the Debt Settlement Arrangement provide otherwise; or

(b) the appropriate court has made an order otherwise.

(2) Subsection (1) has effect without prejudice to the validity of any act done or property disposed of in accordance with the Debt Settlement Arrangement.

F84[(3) Where subsection (1) applies, the Insolvency Service shall, within 3 months after the date on which the Debt Settlement Arrangement would, but for that fact, have expired, remove from the Register of Debt Settlement Arrangements all information recorded in it in respect of the Debt Settlement Arrangement.]

86.— (1) Upon the expiration of the Debt Settlement Arrangement, and where the debtor concerned has complied with his or her obligations under the Debt Settlement Arrangement, the personal insolvency practitioner shall notify the debtor, creditors and the Insolvency Service.

(2) Where the debtor has complied with his or her obligations under the Debt Settlement Arrangement, the debtor stands discharged from the debts specified in the Debt Settlement Arrangement.

F85[(3) Where the Insolvency Service receives the notice referred to in subsection (1), it shall—

(a) record the successful completion of the Debt Settlement Arrangement in the Register of Debt Settlement Arrangements, and

(b) within 3 months of such receipt, remove from the Register of Debt Settlement Arrangements all information recorded in it in respect of the Debt Settlement Arrangement.]

87.— The grounds on which a Debt Settlement Arrangement may be challenged by a creditor under section 77 are, without prejudice to section 83, limited to the following matters:

(a) that the debtor has by his or her conduct within the 2 years prior to the issue of the protective certificate under section 61 arranged his or her financial affairs primarily with a view to being or becoming eligible to apply for a Debt Settlement Arrangement or a Personal Insolvency Arrangement;

(b) the procedural requirements specified in this Act were not complied with;

(c) a material inaccuracy or omission exists in the debtor’s statement of affairs (based on the Prescribed Financial Statement) which causes a material detriment to the creditor;

(d) the debtor, when the Debt Settlement Arrangement was proposed, did not satisfy the eligibility criteria specified in section 57;

(e) the Debt Settlement Arrangement unfairly prejudices the interests of a creditor;

(f) the debtor has committed an offence under this Act, which causes a material detriment to the creditor;

(g) the debtor had entered into a transaction with a person at an undervalue within the preceding 3 years that has materially contributed to the debtor’s inability to pay his or her debts (other than any debts due to the person with whom the debtor entered the transaction at an undervalue);

(h) the debtor had given a preference to a person within the preceding 3 years that had the effect of substantially reducing the amount available to the debtor for the payment of his or her debts (other than a debt due to the person who received the preference).

88.— (1) Where, as respects a debtor who has entered into a Debt Settlement Arrangement which is in force, a creditor or the personal insolvency practitioner concerned considers that a debtor has made excessive contributions to a relevant pension arrangement, the creditor or personal insolvency practitioner may make an application to the appropriate court for relief in accordance with this section.

(2) The reference to the debtor having made contributions to a relevant pension arrangement shall be construed as a reference to contributions made by the debtor at any time within 3 years prior to the making of the application for a protective certificate on behalf of the debtor under section 59.

(3) Where the appropriate court considers that having regard in particular to the matters referred to in subsection (4) the contributions to a relevant pension arrangement were excessive it may:

(a) direct that such part of the contribution concerned (less any tax required to be deducted) be paid by the person administering the relevant pension arrangement to the personal insolvency practitioner for distribution amongst the creditors of the debtor, and

(b) make such other order as the court deems appropriate, including an order as to the costs of the application.

(4) The matters referred to in subsection (3) as respects the contributions made by the debtor to a relevant pension arrangement are:

(a) whether the debtor made payments to his or her creditors in respect of debts due to those creditors on a timely basis at or about the time when the debtor made the contribution concerned;

(b) whether the debtor was obliged to make contributions of the amount or percentage of income as the payments actually made under his or her terms and conditions of employment and if so obliged, whether the debtor or a person who as respects the debtor is a connected person could have materially influenced the creation of such obligation;

(c) the amount of the contributions paid, including the percentage of total income of the debtor in each tax year concerned which such contributions represent;

(d) the amount of the contributions paid, in each of the 6 years prior to the making of the application for a protective certificate on behalf of the debtor under section 59 including the percentage of total income of the debtor concerned which such contributions represent in each of those years;

(e) the age of the debtor at the relevant times;

(f) the percentage limits which applied to the debtor in relation to relief from income tax for the purposes of making contributions to a relevant pension arrangement in each of the 6 years prior to the making of the application for a protective certificate on behalf of the debtor under section 59; and

(g) the extent of provision made by the debtor in relation to any relevant pension arrangement prior to the making of the contributions concerned.

89.— (1) Subject to the provisions of this Act, a debtor who satisfies the eligibility criteria specified in section 91 may make a proposal for a Personal Insolvency Arrangement with one or more of his or her creditors in respect of the payment, satisfaction or restructuring of his or her debts.

(2) A proposal for a Personal Insolvency Arrangement shall be made on behalf of a debtor by a personal insolvency practitioner in accordance with the provisions of this Part.

(3) Where two or more debtors are jointly party to all of the debts to be covered by a Personal Insolvency Arrangement and each of those debtors satisfies the eligibility criteria specified in section 91, those debtors may jointly propose a Personal Insolvency Arrangement and, unless otherwise specified, references in this Part to the“debtor” shall be construed as meaning such joint debtors.

(4) Without prejudice to subsection (3), a Personal Insolvency Arrangement may be proposed by a debtor on the basis that it will be administered in common by a personal insolvency practitioner with one or more other Personal Insolvency Arrangements provided that, in the opinion of the personal insolvency practitioner:

(a) the Personal Insolvency Arrangements can reasonably be administered in common because of the financial relationship of the debtors concerned;

(b) the terms of each of the Personal Insolvency Arrangements to be administered in common specify in sufficient detail how such administration will operate, including—

(i) the treatment of joint and individual assets and the treatment of joint and individual debts;

(ii) whether the approval of one Personal Insolvency Arrangement is to be contingent on the approval of any other Personal Insolvency Arrangement;

(iii) the effect of the failure or early termination of one Personal Insolvency Arrangement on any other Personal Insolvency Arrangement, in particular, as to whether it is a condition of each Personal Insolvency Arrangement that for it to be considered as having been successfully completed other Personal Insolvency Arrangements are also required to be successfully completed; and

(iv) where a joint payment is to be received from two or more debtors, how that payment is to be apportioned between the creditors under each Personal Insolvency Arrangement.

(5) The administration of a Personal Insolvency Arrangement in common with one or more other Personal Insolvency Arrangements in accordance with subsection (4) shall be without prejudice to the applicability of the remainder of this Part to each such Personal Insolvency Arrangement.

(6)(a) A Personal Insolvency Arrangement shall not contain any terms that would release the debtor from an excluded debt or otherwise affect such a debt.

(b) A proposal for a Personal Insolvency Arrangement shall not include any terms that, if contained in a Personal Insolvency Arrangement that came into effect, would contravene paragraph (a).

90.— A debtor may enter into a Personal Insolvency Arrangement once only.

91.— (1) Subject to the provisions of this section and this Chapter, a debtor shall not be eligible to make a proposal for a Personal Insolvency Arrangement unless he or she satisfies the following criteria—

(a) subject to subsection (4), that the aggregate of the debts of the debtor which are secured debts is less than €3,000,000;

(b) that the debtor—

(i) is domiciled in the State, or

(ii) within one year before the date of the application for a protective certificate has ordinarily—

(I) resided in the State, or

(II) had a place of business in the State;

(c) that at least one of the creditors of the debtor is a secured creditor holding security over an interest in property of the debtor situate in the State (whether the interest in the property relates to real property or personal property);

(d) that the debtor is insolvent;

(e) that the debtor has completed a Prescribed Financial Statement and has made a statutory declaration confirming that the statement is a complete and accurate statement of the debtor’s assets, liabilities, income and expenditure;

(f) that the personal insolvency practitioner has completed a statement under section 54 in respect of the debtor;

F86[(g) that the debtor has made a declaration in writing declaring that he or she has co-operated for a period of at least 6 months with his or her creditors who are secured creditors as respects the debtor’s principal private residence in accordance with any process relating to mortgage arrears operated by the secured creditors concerned which has been approved or required by the Central Bank of Ireland and which process relates to the secured debt concerned and that—

(i) notwithstanding such co-operation the debtor has not been able to agree an alternative repayment arrangement with the secured creditor concerned, or that the secured creditor has confirmed to the debtor in writing the unwillingness of that secured creditor to enter into an alternative repayment arrangement, or

(ii) the debtor—

(I) has entered into an alternative repayment arrangement and has, in good faith, endeavoured to comply with that arrangement, and

(II) the personal insolvency practitioner has provided the debtor with a confirmation under subsection (2A);]

(h) that the debtor is not—

(i) an undischarged bankrupt,

(ii) a discharged bankrupt subject to a bankruptcy payment order,

(iii) a person who is a specified debtor as respects a Debt Relief Notice which is in effect,

(iv) a person who, as a debtor, is subject to a Debt Settlement Arrangement which is in effect, or

(v) a person who, as a debtor, is subject to an arrangement under the control of the court under Part IV of the Bankruptcy Act 1988;

(i) that the debtor has not—

(i) been the subject of a protective certificate issued under section 95 less than 12 months prior to the date of the application for a protective certificate,

(ii) had his or her debts discharged pursuant to a final Debt Relief Notice less than 3 years prior to the date of the application for a protective certificate,

(iii) had his or her debts discharged pursuant to a Debt Settlement Arrangement less than 5 years prior to the date of the application for a protective certificate, or

(iv) been discharged from bankruptcy less than 5 years prior to the date of the application for a protective certificate.

(2) The criterion referred to in subsection (1)(g) shall not apply where the relevant personal insolvency practitioner confirms in writing that, having regard to the financial circumstances of the debtor as disclosed in the Prescribed Financial Statement completed by the debtor, it is the belief of that practitioner that if the debtor were to have entered into an alternative repayment arrangement with the secured creditor concerned of a type provided for in any process relating to mortgage arrears operated by that secured creditor (being a process approved or required by the Central Bank of Ireland) the debtor would be unlikely to become solvent within the period of 5 years commencing on the date of the personal insolvency practitioner giving that confirmation.

F87[(2A) A confirmation under this subsection is a confirmation in writing by the personal insolvency practitioner that, having regard to the financial circumstances of the debtor as disclosed in the Prescribed Financial Statement completed by the debtor, and the terms of the alternative payment arrangement referred to in subsection (1) (g) (ii), it is the belief of that practitioner that the debtor, if he or she were not to enter into a Personal Insolvency Arrangement, would be unlikely to become solvent within the period of 5 years commencing on the date of the personal insolvency practitioner giving that confirmation.]

(3) The criterion F88[specified in subsection (1)(i)] shall not apply where the debtor has, on notice to the Insolvency Service, made an application to the appropriate court and the court has made an order stating that it is satisfied that the current insolvency of the debtor arises by reason of exceptional circumstances or other factors which are substantially outside the control of the debtor and that it would be just to permit the debtor to make a proposal for a Personal Insolvency Arrangement.

(4) Where all of the creditors who are secured creditors consent in writing the limit of €3,000,000 referred to in subsection (1)(a) shall not apply.

(5) A debtor shall not be eligible to make a proposal for a Personal Insolvency Arrangement where 25 per cent or more of his or her debts (other than excluded debts) were incurred during the period of 6 months ending on the date on which an application is made under section 93 for a protective certificate.

92.— (1) An excludable debt shall be included in a proposal for a Personal Insolvency Arrangement only where the creditor concerned has consented, or is deemed to have consented, in accordance with this section, to the inclusion of that debt in such a proposal.

(2) Where a personal insolvency practitioner proposes to include an excludable debt in a proposal for a Personal Insolvency Arrangement, he or she shall, without delay, notify the creditor concerned of that fact, which notification shall be accompanied by—

(a) such information about the debtor’s affairs (including his or her creditors, debts, liabilities, income and assets) as may be prescribed, and

(b) a request in writing that the creditor confirm, in writing, whether or not the creditor consents, for the purposes of this section, to the inclusion of the debt in a Personal Insolvency Arrangement.

(3) A creditor shall comply with a request under subsection (2)(b) within 21 days of receipt of the notification under that subsection.

(4) Where a creditor does not comply with subsection (3), the creditor shall be deemed to have consented to the inclusion of that debt in a proposal for a Personal Insolvency Arrangement.

(5) Where a creditor consents or is deemed to have consented, in accordance with this section, to the inclusion of an excludable debt in a proposal for a Personal Insolvency Arrangement, that creditor shall be entitled to vote at any creditors’ meeting called to consider that proposal.

(6) Where the debtor concerned is the subject of a protective certificate, and a creditor to whom this section applies brings an application under section 97(1) in respect of that protective certificate, the period referred to in subsection (3) shall not commence until the date on which the appropriate court determines the application.

(7) An excludable debt shall not be the subject of a Personal Insolvency Arrangement unless it is a permitted debt.

(8) In this Chapter, “permitted debt” means an excludable debt to which subsection (1) applies.

93.— (1) Where a personal insolvency practitioner has been instructed pursuant to section 53 to make a proposal for a Personal Insolvency Arrangement, the personal insolvency practitioner shall notify the Insolvency Service of the debtor’s intention to make a proposal for a Personal Insolvency Arrangement and apply on behalf of the debtor for a protective certificate.

(2) The application referred to in subsection (1) shall be in such form as may be prescribed by the Insolvency Service and shall be F90[accompanied by such fee (if any) as may be prescribed and the following documents:]:

(a) the statement issued by the personal insolvency practitioner pursuant to section 54;

(b) a document signed by the debtor confirming that he or she satisfies the eligibility criteria specified in section 91;

(c) the statutory declaration of the debtor referred to in F90[section 91(1)(e);];

F91[(cc) the declaration in writing of the debtor referred to in section 91(1)(g);]

(d) the Prescribed Financial Statement;

(e) a schedule of the creditors of the debtor and the debts concerned, stating in relation to each such creditor—

(i) the amount of each debt due to that creditor,

(ii) whether, as respects the debt concerned, the creditor is a secured creditor and, if so, the nature of the security concerned, and

(iii) such other information as may be prescribed;

(f) the debtor’s written consent to—

(i) the disclosure to the Insolvency Service,

(ii) the processing by the Insolvency Service, and

(iii) the disclosure by the Insolvency Service to creditors of the debtor concerned,

of personal data of that debtor, to the extent necessary in respect of the Personal Insolvency Arrangement procedure provided for in this Chapter; and

(g) the debtor’s written consent to the making of any enquiry under section 94 relating to the debtor by the Insolvency Service.

(3) An application under this section may be withdrawn by the personal insolvency practitioner at any time prior to the issue of a protective certificate under section 95.

(4) Where a personal insolvency practitioner becomes aware of any inaccuracy or omission in an application under this section or any document accompanying such an application, he or she shall inform the Insolvency Service of this fact as soon as practicable and the Insolvency Service shall have regard to any information provided under this subsection for the purposes of its consideration of the application.

94.— (1) In its consideration of an application under section 93 the Insolvency Service shall be entitled to request any further information it requires from the debtor or personal insolvency practitioner and to defer further consideration of the application until such information is furnished to it.

(2) Where a debtor or personal insolvency practitioner fails to provide the information requested by the Insolvency Service under subsection (1) within 14 days or such longer period as the Insolvency Service may permit the application shall be deemed to be withdrawn.

(3) Subject to subsection (4), in considering the application for a protective certificate, the Insolvency Service shall make such enquiries as it considers necessary to satisfy itself:

(a) that the personal insolvency practitioner is a person entitled to act as a personal insolvency practitioner;

(b) having regard to the documents which are required to accompany the application for a protective certificate—

(i) that the debtor satisfies the eligibility criteria for a Personal Insolvency Arrangement specified in section 91; and

(ii) the application does not appear to be frivolous or an attempt to frustrate the efforts of creditors to recover debts due to them.

(4) Subject to subsections (5) to (7), for the purposes of subsection (3) the Insolvency Service shall be entitled to presume that the debtor satisfies the eligibility criteria for a Personal Insolvency Arrangement specified in section 91 if the documents required to be lodged with the Insolvency Service have been so lodged and the Insolvency Service has no reason to believe that the information supplied in or in support of the application for a protective certificate is incomplete or inaccurate.

(5) The Insolvency Service may make such enquiries as it considers necessary to verify the completeness or accuracy of any matter referred to in the Prescribed Financial Statement of the debtor or in relation to the assets, liabilities, income or expenditure of the debtor.

(6) Without prejudice to the generality of subsection (5) the matters in respect of which the Insolvency Service may make an enquiry include the following—

(a) particulars relating to bank accounts, securities or other accounts held, solely or jointly, by or for the benefit of the debtor with financial institutions or financial intermediaries in the State or abroad;

(b) particulars relating to assets of the debtor and the value of such assets;

(c) particulars of the liabilities of the debtor;

(d) the employment and income of the debtor;

(e) payments received by the debtor from the Department of Social Protection or other Departments of State or other State bodies or agencies and whether or not such payments are made as agent of any other person;

(f) taxes or charges imposed by or under statute paid or owed by the debtor, whether within or outside the State and refunds in respect of such taxes and charges which are or may become due to the debtor.

(7) Nothing in this section shall be construed as requiring the Insolvency Service to make an enquiry in any case.

(8) A person who receives an enquiry from the Insolvency Service pursuant to this section shall be under a duty to furnish the information requested as soon as reasonably practicable.

(9) Notwithstanding anything contained in any enactment, for the purposes of the performance of the functions of the Insolvency Service under this Act information held by a Department of State, the Revenue Commissioners, a local authority or any other State body or agency in relation to a debtor may be furnished to the Insolvency Service.

95.— (1) Where the Insolvency Service, following its consideration under section 94—

(a) is satisfied that an application under section 93 is in order, it shall—

(i) issue a certificate to that effect,

F93[(ii) furnish that certificate together with a copy of the application and the supporting documentation (other than the documents referred to in section 93(2)(f) and (g)) to the appropriate court, and]

(iii) notify the personal insolvency practitioner to that effect,

and

(b) is not so satisfied, it shall notify the personal insolvency practitioner to that effect and request him or her, within 21 days from the date of the notification, to submit a revised application or to confirm that the application has been withdrawn.

(2) Where the appropriate court receives the application for a protective certificate and accompanying documentation pursuant to subsection (1)(a), it shall consider the application and documentation and, subject to subsection (3)—

(a) if satisfied that the eligibility criteria specified in section 91 have been satisfied and the other relevant requirements relating to an application for the issue of a protective certificate have been met, shall issue a protective certificate, and

(b) if not so satisfied, shall refuse to issue a protective certificate.

(3) The appropriate court, where it requires further information or evidence for the purpose of its arriving at a decision under subsection (2), may hold a hearing, which hearing shall be on notice to the Insolvency Service and the personal insolvency practitioner concerned.

(4) F94[…]