Seanad debates

Wednesday, 5 December 2012

Personal Insolvency Bill 2012: Committee Stage (Resumed)

 

Government amendment No. 146: In page 121, before section 147, but in Part 5, to insert the following new section:157.?(1) A person aggrieved by a decision of the Insolvency Service?(a) refusing under section 152(3)(d) to issue an authorisation to carry on practice as a personal insolvency practitioner, or (b) declining under section 166(2) to cause to be carried out an investigation of the matter the subject of a complaint,may, within 21 days from the date of receipt of notice of the decision, appeal to the Circuit Court against the decision. (2) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge for the time being assigned to the circuit where the appellant ordinarily resides or carries on any profession, business or occupation. (3) The appeal shall be determined by the Circuit Court?(a) by confirming the decision of the Insolvency Service to which the appeal relates, or (b) by substituting its determination for that decision.(4) A decision of the Circuit Court under this section shall be final, save that, by leave of that Court, an appeal shall lie to the High Court on a point of law.?.

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