Personal Insolvency Act 2012

20

Power to charge and recover fees.

20.—F13[(1) Subject to subsection (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, prescribe by regulations the fees to be paid to it and when they fall due in respect of—

(a) (i) the performance of functions,

(ii) the provision of services, and

(iii) the carrying on of activities,

by it under this Act, and

(b) the performance of functions by the Official Assignee under the Bankruptcy Act 1988 or any other enactment.]

(2) Without prejudice to the generality of subsection (1), the Insolvency Service’s power under that subsection to prescribe fees includes the power to provide for exemptions from the payment of fees, or waiving, remitting or refunding fees (in whole or in part), in different circumstances or classes of circumstances or in different cases or classes of cases.

(3) Fees received under this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Public Expenditure and Reform directs.

(4) The Insolvency Service may recover as a simple contract debt in any court of competent jurisdiction, from a person by whom the fee is payable, any amount due and owing to the Insolvency Service in respect of a fee charged under this section.

(5) In making regulations pursuant to this section the Insolvency Service may have regard to—

(a) the expenses incurred by it, or

(b) the expenses which it is anticipated will be incurred by it,

in performing its functions under this Act F14[or in the performance by the Official Assignee of his or her functions under the Bankruptcy Act 1988 or any other enactment], so that so much of those expenses as it considers appropriate are recovered from fees to be charged pursuant to such regulations.

Annotations

Amendments:

F13

Substituted (3.12.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 40(a), S.I. No. 463 of 2013.

F14

Inserted (3.12.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 40(b), S.I. No. 463 of 2013.

Editorial Notes:

E46

Power pursuant to section exercised (1.01.2024) by Personal Insolvency Act 2012 (Prescribed Fees) (Amendment) Regulations 2023 (S.I. No. 682 of 2023), in effect as per reg. 1(2).

E47

Power pursuant to section exercised (1.01.2021) by Personal Insolvency Act 2012 (Prescribed Fees) (Amendment) Regulations 2020 (S.I. No. 678 of 2020), in effect as per reg. 1(2).

E48

Power pursuant to section exercised (1.01.2018) by Personal Insolvency Act 2012 (Prescribed Fees) (Amendment) Regulations 2017 (S.I. No. 609 of 2017), in effect as per reg. 1(2).

E49

Power pursuant to section exercised (22.12.2015) by Personal Insolvency Act 2012 (Prescribed Fees) Regulations 2015 (S.I. No. 620 of 2015).

E50

Power pursuant to section exercised (3.12.2013) by Personal Insolvency Act 2012 (Prescribed Fees in Bankruptcy Matters) Regulations 2013 (S.I. No. 465 of 2013).

E51

Power pursuant to section exercised (4.07.2013) by Personal Insolvency Act 2012 (Personal Insolvency Practitioner Authorisation and Renewal of Authorisation Prescribed Fees) Regulations 2013 (S.I. No. 246 of 2013).

E52

Previous affecting provision: power pursuant to section exercised (13.10.2014) by Personal Insolvency Act 2012 (Prescribed Fees) (No. 2) Regulations 2014 (S.I. No. 459 of 2014); revoked (22.12.2015) by Personal Insolvency Act 2012 (Prescribed Fees) Regulations 2015 (S.I. No. 620 of 2015), reg. 7.

E53

Previous affecting provision: power pursuant to section exercised (13.13.2014) by Personal Insolvency Act 2012 (Prescribed Fees) Regulations 2014 (S.I. No. 141 of 2014); revoked (13.10.2014) by Personal Insolvency Act 2012 (Prescribed Fees) (No. 2) Regulations 2014 (S.I. No. 459 of 2014), reg. 8.

E54

Previous affecting provision: power pursuant to section exercised (30.08.2013) by Personal Insolvency Act 2012 (Prescribed Fees) Regulations 2013 (S.I. No. 329 of 2013); revoked (13.03.2014) by Personal Insolvency Act 2012 (Prescribed Fees) Regulations 2014 (S.I. No. 141 of 2014), reg. 7.