Seanad debates

Wednesday, 5 December 2012

Personal Insolvency Bill 2012: Committee Stage (Resumed)

 

Government amendment No. 142: In page 121, before section 147, but in Part 5, to insert the following new section:153.?(1) Where the Insolvency Service proposes to refuse to authorise a person to carry on practice as a personal insolvency practitioner, it shall give notice in writing to the person?(a) of the proposal and the reasons for the proposal, and (b) stating that the person may make representations in writing to the Insolvency Service on the proposal?(i) subject to subparagraph (ii), within 21 days from the date of the issue of that notice to the person, (ii) within such longer period as the Insolvency Service deems appropriate in the circumstances of the case.(2) Where the Insolvency Service has given a notice under subsection (1) to a person, it shall, as soon as is practicable after the expiration of the period referred to in subsection (1)(b)(i) or (ii), as the case requires, and the consideration of any representations referred to in subsection (1)(b) made to it?(a) issue to the person the authorisation that is the subject of the notice, or (b) refuse to issue the authorisation that is the subject of the notice and give the person?(i) notice in writing of the refusal and the reasons for the refusal, and (ii) a copy of section 157 if the ground, or one of the grounds, for the refusal falls within section 152(3)(d)?.

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