Personal Insolvency Act 2012
Referral of application to appropriate court for issue of Debt Relief Notice.
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.
(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.
Substituted (31.07.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 51(a), S.I. No. 286 of 2013.
Deleted (31.07.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 51(b), S.I. No. 286 of 2013.