Alex White (Dublin South, Labour) | Oireachtas source

This is the final group of amendments. It concerns amendments Nos. 25 and 26 which relate to regulation of personal insolvency practitioners.

Amendment No. 25replaces the current section 161 of the Personal Insolvency Act with regard to the making of regulations relating to the activities of persons authorised to be personal insolvency practitioners. The changes to the section, while not extensive, are designed to address concerns that the original text may not be sufficiently broad enough in regard to certain aspects of the regulation of personal insolvency practitioners. Subsection (1) now includes a reference to maintaining public confidence in debt settlement arrangements and personal insolvency arrangements as a broad additional policy criterion. It also provides for the ongoing supervision of personal insolvency practitioners. In paragraph (a) of subsection (1), the requirements in regard to authorisation, supervision and cessation of practice for personal insolvency practitioners are restated in a clear fashion, as is a new requirement in regard to the personal insolvency practitioner's dealings with the Insolvency Service.

In subsection (1)(b)(v ), there is now a requirement in regard to the case management of debtor's files by the personal insolvency practitioner.
The new subsection (1)(f) would allow for the setting out of the requirements to be met by a personal insolvency practitioner when handling complaints against him or her.

The new subsection (1)(g) would allow the Insolvency Service to set standards to be adhered to in regard to advertising by personal insolvency practitioners. The previous subsection (1)(f) which dealt with the charging of fees, etc. by a personal insolvency practitioner is reinstated as subsection (1)(h) with additional clarifications.

The new subsection (1)(i) would allow the Insolvency Service to make regulations for anything which is incidental to that set down in section 161 but which is not specifically provided for. The proposed new subsection (2) would extend the Service's monitoring of compliance by personal insolvency practitioners of their obligations to the whole Act and not just in regard to Part 5.

Amendment No. 26is designed to facilitate the orderly regulation of personal insolvency practitioners and the effective use of resources by the Insolvency Service, by amending section 164(4) to permit an authorisation to act as a personal insolvency practitioner to remain in force for a period not exceeding five years rather than one year.