Seanad debates

Wednesday, 5 December 2012

Personal Insolvency Bill 2012: Committee Stage (Resumed)

 

Government amendment No. 160: In page 121, before section 147, but in Part 5, to insert the following new section: "171.?(1) A personal insolvency practitioner the subject of a determination under section 170 (other than subsection (12) of that section) by the Complaints Committee?(a) that the personal insolvency practitioner concerned has committed improper conduct, and (b) that a minor sanction be imposed in respect of improper conduct, may, not later than 30 days from the date the notice under section 170(13)# was issued to the personal insolvency practitioner, appeal to the High Court against the decision.(2) The High Court may, on the hearing of an appeal under subsection (1) by a personal insolvency practitioner, consider any evidence adduced or argument made, whether or not adduced or made to an inspector or the Complaints Committee. (3) Subject to subsection (4), the High Court may, on the hearing of an appeal under subsection (1) by a personal insolvency practitioner?(a) (i) confirm the decision the subject of the appeal,(ii) determine that the conduct concerned does not constitute improper conduct, or (iii) confirm the determination that the conduct concerned does constitute improper conduct and impose a different sanction on the personal insolvency practitioner,and(b) make such order as to costs as it deems appropriate in respect of the appeal.(4) The High Court shall, in considering an appropriate sanction, take into consideration the matters referred to in section 172.".

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