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Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 86:In page 43, line 12, to delete "delay—" and substitute "delay and, in any event, within 3 months—".The purpose of this amendment is to make clear that the information is to be removed from the register of debt relief notices within three months of the discharge of the debtor from his or her debt. I take this opportunity to inform Members that we intend to...

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 38:In page 30, line 29, after “(if any)” to insert “that is prescribed”.This is again a technical amendment, whose purpose is to highlight that the application fees, if any, for debt relief notices will be prescribed in regulations.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 39:In page 31, line 5, to delete “under this Chapter”.This is yet another technical amendment. I am advised by the Parliamentary Counsel that the words "under this Chapter" are superfluous and should be deleted. I suppose one could argue that if they are superfluous we could have left them there, but Parliamentary Counsel's advices need to be followed, so I...

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 40:In page 32, lines 17 and 18, to delete “paragraphs (a) to (c)” and substitute “paragraphs (a) and (b)”.This is again a technical amendment that corrects a cross-referencing error in the original text.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 41:In page 32, to delete lines 29 to 31 and substitute the following: “(d) 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, and”.These are drafting amendments recommended by the Parliamentary Counsel to improve on the presentation of these...

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 42:In page 32, to delete lines 35 to 40 and substitute the following: “(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...

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 43:In page 32, to delete lines 41 to 43 and substitute the following: “(f) the debtor’s written consent to the making of any enquiry under section 27 relating to the debtor by the Insolvency Service;”.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 44:In page 33, lines 14 and 15, to delete all words from and including “is” in line 14 down to and including “application.” in line 15 and substitute the following:“is reviewed under section 28(2) that would affect the debtor’s eligibility for the issue of a Debt Relief Notice”.This is a drafting amendment that seeks to provide...

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 45:In page 34, line 23, to delete “be under a duty to”.I am afraid we are visiting the superfluous again. I am advised by the Parliamentary Counsel that the words "be under a duty to" are superfluous and should be deleted.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 46:In page 35, line 33, to delete “debts of” and substitute “debts in respect of”.These are again technical amendments recommended by Parliamentary Counsel to improve the drafting of the section.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 47:In page 36, line 1, to delete “the fact that a” and substitute “the fact that the”.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 48:In page 36, to delete lines 10 to 18 and substitute the following: “(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 37, or (b) take any...

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 49:In page 36, to delete lines 19 to 22 and substitute the following: “(3) The appropriate court may extend the supervision period for the purposes of determining an application under section 39, 40 or 41.”.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 50:In page 36, line 30, to delete “subsection (2) or (3).” and substitute the following: “under subsection (2) or (3) or under section 38(3)(c), 39(3)(c), 40(5)(b) or 41(4)(b).”.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: Yes.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 52:In page 36, lines 39 and 40, to delete “specified debt” and substitute “specified qualifying debt”.These are technical drafting amendments recommended by the parliamentary Counsel. They make clear that it is only the "specified qualifying debt" that is being referred to.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 53:In page 37, lines 3 and 4, to delete “specified debt” and substitute “specified qualifying debt”.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 54:In page 37, line 6, to delete “specified debt” and substitute “specified qualifying debt”.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 55:In page 37, lines 10 and 11, to delete “specified debt” and substitute “specified qualifying debt”.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 56:In page 37, line 19, to delete “specified debt” and substitute “specified qualifying debt”.

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