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

I move amendment No. 17:

In page 37, after line 34, to insert the following:

“Amendment of section 49 of Act of 2012

55. Section 49 of the Act of 2012 is amended--

(a) in subsection (2), by the substitution of “the personal insolvency practitioner, or an employee of that personal insolvency practitioner acting under his or her direction and control, shall hold a meeting” for “the personal insolvency practitioner shall hold a meeting”,

(b) by the substitution of the following for subsection (5):

“(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.”,

and

(c) by the deletion of subsections (6) to (9).”.

Amendment No. 17 provides that section 49 of the Act is now amended to be limited in scope to the initial appointment by a debtor of a personal insolvency practitioner to represent them and to noting the termination or ceasing of that appointment either by the debtor or by the personal insolvency practitioner regarding that debtor or in a more general sense.

Section 49(6) to (9) are deleted and their provisions are essentially recreated in proposed new sections 49A, 49B and 49C.

Amendment No. 18 inserts three new sections 49A, 49B and 49C into the Personal Insolvency Act 2012. The sections are designed around previous subsections section 49(6) to (9), which were deleted by amendment No. 17, in regard to the termination of appointment of, or the ceasing to operate in that role, of a personal insolvency practitioner.

The proposed new section 49A deals with the situation whereby the debtor terminates the appointment of the personal insolvency practitioner to represent them and its consequences. The debtor would have to give one month's notice of termination to the personal insolvency practitioner and also notify the insolvency service. The debtor would have no longer than two months from the date of termination to find a replacement personal insolvency practitioner.

The proposed new section 49B deals with the situation where a personal insolvency practitioner terminates his or her appointment on behalf of a debtor and its consequences. The personal insolvency practitioner would have to give one month's notice to the debtor and notify the insolvency service. The debtor would have no longer than two months from the date of termination to find a replacement personal insolvency practitioner.

The proposed new section 49C essentially recreates, in a separate section, the provisions of section 48(7) to (9) in regard to the involuntary termination or ceasing of the appointment by the personal insolvency practitioner in a general sense and not relating to a specific debtor as such, or the ending of the practitioner's authorisation by the insolvency service or court to act as a personal insolvency practitioner. The debtor is allowed a maximum of three months, from the time of becoming aware of the involuntary termination, to find a replacement personal insolvency practitioner.

In any eventuality arising under new sections 49A to 49C, the validity of anything done under the respective arrangements is not affected.

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