Skip to main content
Version status: In force | Document consolidation status: No known changes
Version date: 20 November 2015 - onwards
Version 2 of 2

11. Amendment of section 82 of Principal Act

The Principal Act is amended by the substitution of the following for section 82 (as amended by section 75 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013):

"82.

(1) Subject to this section, a Debt Settlement Arrangement may be varied in accordance with its terms.

(2) A personal insolvency practitioner, whether on his or her own initiative or on a request made in accordance with subsection (3), shall propose a variation of a Debt Settlement Arrangement (in this section referred to as a 'variation') where -

(a) it appears to the personal insolvency practitioner that there has been a material change in the debtor's circumstances, and

(b) the personal insolvency practitioner is satisfied that there is a reasonable prospect that a variation that addresses such circumstances would be approved in accordance with this section.

(3) A debtor or creditor who is bound by a Debt Settlement Arrangement may request the personal insolvency practitioner to propose a variation of the Arrangement, which request shall be -

(a) in writing,

(b) accompanied by information or evidence to support the assertion that there has been a material change in the debtor's circumstances, and

(c) accompanied by the written consent of the person making the request to the -