Alex White (Dublin South, Labour) | Oireachtas source

Group 8 concerns amendments to the Personal Insolvency Act 2012 in regard to personal insolvency practitioners. There are three amendments, Nos. 14, 15 and 16, in this group. Amendment No. 14 limits the scope of section 49 of the Personal Insolvency Act 2012 to the initial appointment by a debtor of a personal insolvency practitioner to represent him or her and to noting the termination or ceasing of that appointment either by the debtor or by the personal insolvency practitioner. The previous subsections (6) to (9) of section 49 are deleted. Their provisions are recreated in the proposed new sections 49A, 49B and 49C.

Amendment No. 15 inserts three new sections, 49A, 49B and 49C, into the Personal Insolvency Act 2012. The sections are designed around the previous text of subsections (6) to (9) of section 49, which were deleted by Amendment No. 14. The new section 49A deals with the situation whereby the debtor terminates the appointment of the personal insolvency practitioner to represent him or her, and its consequences. The debtor would have to give one month's notice of termination to the personal insolvency practitioner and also notify the insolvency service. The debtor would have no longer than two months from the date of termination to find a replacement personal insolvency practitioner. New section 49B deals with a situation in which a personal insolvency practitioner terminates his or her appointment on behalf of a debtor and its consequences. The personal insolvency practitioner would have to give one month's notice to the debtor and notify the insolvency service. The debtor would have no longer than two months from the date of termination to find a replacement personal insolvency practitioner.

The new section 49C essentially recreates the provisions of section 48, subsections (7) to (9), in regard to the involuntary termination or ceasing of the appointment by the personal insolvency practitioner in a general sense and not relating to a specific debtor as such, or the ending of the practitioner's authorisation by the insolvency service or a court to act as a personal insolvency practitioner. The debtor is allowed a maximum of three months from the time of becoming aware of the involuntary termination to find a replacement personal insolvency practitioner. In any eventuality arising under new sections 49A to 49C, the validity of anything done under the respective arrangements is not affected.

Amendment No. 16 involves the deletion of section 55 of the Bill, which had inserted a new section 54A in the Personal Insolvency Act 2012 with regard to some delegation of administrative functions by a personal insolvency practitioner. It arises as a consequence of Amendment No. 14, which has been discussed. That amendment provided for a change in section 49(2) of the Personal Insolvency Act 2012 to refer better to the more specific instance in which an employee of the personal insolvency practitioner could hold a meeting with a debtor in the context of preparing the possible application for a debt settlement arrangement or personal insolvency arrangement.

That amendment will permit better management of the potential caseload of a personal insolvency practitioner. With the acceptance of amendment No. 14, there is no longer a need for the retention of section 55.