Seanad debates
Tuesday, 11 December 2012
Personal Insolvency Bill 2012: Report and Final Stages
Government amendment No. 40: In page 9 of the list of amendments made in Committee, to delete the text inserted by amendment no. 26 and substitute the following: ?(4) On being appointed under subsection (3), the personal insolvency practitioner shall?(a) confirm in writing to the debtor that the personal insolvency practitioner has consented to act in the role of personal insolvency practitioner as respects the debtor, and (b) notify the Insolvency Service of his or her appointment.(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) the debtor concerned requests him or her to resign from the role of personal insolvency practitioner as respects the debtor, or (b) the personal insolvency practitioner resigns from that role, on his or her own initiative.(6) Where a personal insolvency practitioner resigns from the role of personal insolvency practitioner as respects a debtor, he or she shall notify the Insolvency Service of that fact, which notification shall be accompanied by a statement of the reasons for his or her resignation. (7) Where a personal insolvency practitioner appointed under subsection (3) (?original personal insolvency practitioner?)?(a) dies, (b) becomes incapable, through ill-health or otherwise, of performing the functions of a personal insolvency practitioner as respects the debtor, (c) resigns from the role of personal insolvency practitioner as respects the debtor, or (d) is no longer entitled to perform the functions of a personal insolvency practitioner under this Act, the debtor shall, as soon as practicable after becoming aware of that fact, appoint another personal insolvency practitioner to act as his or her personal insolvency practitioner for the purposes of Chapter 3 or 4, as the case may be. (8) (a) Where paragraph (a), (b) or (c) of subsection (7) applies, the debtor concerned shall, as soon as practicable, inform the Insolvency Service of that fact. (b) Where a personal insolvency practitioner has been appointed under subsection (7), the personal insolvency practitioner shall, as soon as practicable, inform the Insolvency Service and the creditors concerned of that fact.?.
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