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Version status: Published
Version date: 16 December 2020 - onwards

5. Amendment of section 49 of Principal Act

This format of the bill is taken from the text of stage 1 published on 16 December 2020 by Seanad Éireann

Section 49 of the Principal Act is amended -

(a) in subsection (2), by the deletion of ", or an employee of that personal insolvency practitioner acting under his or her direction and control,", and

(b) by the insertion of the following subsections after subsection (2):

"(2A) For the purposes of subsection (2), 'meeting' means a consultation between the personal insolvency practitioner and the debtor, held in accordance with any regulations made under this section and at which-

(a) both are present in person at the same time and in the same place,

or

(b) both are not present in person in the same place, but each is able, by means of electronic communications technology, to speak to, to see and to hear the other.

(2B) The Insolvency Service, with the consent of the Minister, may, and if directed by the Minister to do so and in accordance with the terms of the directions, shall, make regulations in relation to the holding and conduct of meetings referred to in paragraph (a) or (b) of subsection (2A).

(2C) Without prejudice to the generality of subsection (2B), regulations under that subsection may provide for-

(a) the circumstances in which a meeting referred to in subsection (2A)(b) shall not be held,