Dáil debates

Wednesday, 17 July 2013

Courts and Civil Law (Miscellaneous Provisions) Bill 2013: Committee and Remaining Stages

 

12:45 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael) | Oireachtas source

I move amendment No. 13:

In page 35, after line 33, to insert the following:

"Amendment of section 29 of Act of 2012

45. Section 29(2) of the Act of 2012 is amended--

(a) by substituting the following for paragraph (c):

“(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;”,

and

(b) in paragraph (d), by substituting “debts concerned, as specified in the Prescribed Financial Statement referred to in paragraph (c)” for “debts concerned”.”.
These amendments relate to prescribed financial statements. Amendment No. 13 is essentially a technical amendment to section 29 of the Personal Insolvency Act 2012. The new paragraph (c) in subsection (2) in regard to the prescribed financial statement completed under section 27 now includes a reference to the statement required of the approved intermediary under section 27(6) in paragraph (a) of subsection (2). The amendment to section 29(2)(d) is a drafting improvement to make it clear that the debts concerned are those as specified in the prescribed financial statement submitted by the debtor.

Amendment No. 26 provides for an amendment to section 136 of the Personal Insolvency Act 2012 in regard to the prescription of a prescribed financial statement. The amendment is essentially a technical one and is designed to improve the text of the subsection by referring to Part 2 in total of the Act rather than referencing the individual processes.

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