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| | Introductory Text |
| | Acts Referred to |
| | Part 1 Preliminary and General (ss. 1-6) |
In force | 1. Short title and commencement. |
In force | 2. Interpretation. |
In force | 3. Regulations and orders. |
In force | 4. Expenses. |
In force | 5. Appropriate court. |
Repealed | 6. Repeals. |
| | Part 2 Insolvency Service (ss. 7-24) |
In force | 7. Establishment day. |
In force | 8. Establishment of Insolvency Service. |
In force | 9. Functions of Insolvency Service. |
In force | 10. Composition of Insolvency Service. |
In force | 11. Director. |
In force | 12. Staff of Insolvency Service. |
In force | 13. Superannuation. |
In force | 14. Strategic plans. |
In force | 15. Business plan. |
In force | 16. Reports by the Insolvency Service. |
In force | 17. Accounts and audit. |
In force | 18. Appearance before Committee of Dáil Éireann established to examine, etc., appropriation accounts, etc. |
In force | 19. Appearance before other committees of Houses of Oireachtas. |
In force | 20. Power to charge and recover fees. |
In force | 21. Advances by Minister to Insolvency Service. |
Deleted | 21A. Retention of information by Insolvency Service. |
Repealed | 22. Restriction of Freedom of Information Acts 1997 and 2003. |
In force | 23. Guidelines on reasonable standard of living, reasonable living expenses for debtors. |
In force | 24. Insolvency Service may communicate by electronic means. |
| | Part 3 Insolvency Arrangements (ss. 25-141) |
| | Chapter 1 Debt Relief Notices (ss. 25-47) |
In force | 25. Interpretation of Chapter 1. |
In force | 26. Eligibility criteria for a Debt Relief Notice. |
In force | 27. Initiation of Debt Relief Notice process. |
In force | 28. Creditor consent required for issue of Debt Relief Notice in respect of excludable debt. |
In force | ⚠ 29. Application for Debt Relief Notice. |
In force | 30. Consideration by Insolvency Service of application under section 29. |
In force | 31. Referral of application to appropriate court for issue of Debt Relief Notice. |
In force | 32. Contents of Debt Relief Notice. |
In force | 33. Duties of Insolvency Service on issue of Debt Relief Notice. |
In force | 34. Duration of Debt Relief Notice. |
In force | 35. Effect of issue of Debt Relief Notice. |
In force | 36. General obligations of debtor arising under this Chapter. |
In force | 37. Payment by specified debtor of portion of specified debts. |
In force | 38. Treatment by Insolvency Service of sums received under section 36 or 37. |
In force | 39. Power to amend Debt Relief Notice. |
In force | 40. Investigation by Insolvency Service. |
In force | 41. Application by Insolvency Service for direction of court. |
In force | 42. Application by person affected to court. |
In force | 43. Creditor objection during supervision period. |
In force | 44. Application by Insolvency Service to have Debt Relief Notice terminated. |
In force | 45. Effect of termination of Debt Relief Notice. |
In force | 46. Discharge from specified qualifying debts. |
In force | 47. Approved intermediaries. |
| | Chapter 2 Appointment of personal insolvency practitioner for purposes of Chapter 3 or 4 (ss. 48-54A) |
In force | 48. General. |
In force | 49. Appointment of personal insolvency practitioner. |
In force | 49A. Termination by a debtor of his or her appointment of a personal insolvency practitioner. |
In force | 49B. Termination by a personal insolvency practitioner of his or her appointment by a debtor. |
In force | 49C. Termination of appointment of a personal insolvency practitioner due to death, incapacity or withdrawal of authorisation. |
In force | 50. Completion of Prescribed Financial Statement. |
In force | 51. Provisions relating to pension arrangements. |
In force | 52. Personal insolvency practitioner to advise debtor. |
In force | 53. Instruction by debtor to personal insolvency practitioner to make proposal for arrangement. |
In force | 54. Statement to be prepared by personal insolvency practitioner. |
In force | 54A. Performance by others of certain functions of personal insolvency practitioner |
| | Chapter 3 Debt Settlement Arrangements (ss. 55-88) |
In force | 55. Debt Settlement Arrangement: General Conditions. |
In force | 56. Debt Settlement Arrangement permitted once only. |
In force | ⚠ 57. Debt Settlement Arrangement: Eligibility criteria. |
In force | 58. Creditor consent required for inclusion of excludable debt in Debt Settlement Arrangement. |
In force | ⚠ 59. Debt Settlement Arrangement: Application for protective certificate. |
In force | 60. Debt Settlement Arrangement: Consideration by Insolvency Service of application for protective certificate. |
In force | 61. Debt Settlement Arrangement: Referral of application to court for issue of protective certificate. |
In force | 62. Debt Settlement Arrangement: Effect of issue of protective certificate. |
In force | 63. Debt Settlement Arrangement: Right of appeal as respects protective certificate. |
In force | 64. Actions to be taken by personal insolvency practitioner following issue of protective certificate. |
In force | 65. Mandatory requirements concerning Debt Settlement Arrangement. |
In force | 66. Debt Settlement Arrangement: Non-exhaustive list of matters for possible inclusion. |
In force | 67. Preferential debts in Debt Settlement Arrangement. |
In force | 68. Secured creditors and Debt Settlement Arrangement. |
In force | 69. Principal private residence in Debt Settlement Arrangement. |
In force | 70. Debt Settlement Arrangement: Calling of creditors' meeting. |
In force | 71. Debt Settlement Arrangement: Documents to be given to creditors and the Insolvency Service when calling a creditors' meeting. |
In force | 72. Debt Settlement Arrangement: Conduct of creditors' meeting. |
In force | 73. Debt Settlement Arrangement: Voting at creditors' meeting. |
In force | 74. Debt Settlement Arrangement: Procedures for the conduct of creditors' meetings. |
In force | 74A. Approval of proposed Debt Settlement Arrangement where only one creditor |
In force | 75. Steps to be taken by personal insolvency practitioner following approval of proposal for Debt Settlement Arrangement. |
In force | 76. Steps to be taken by Insolvency Service following notification of approval of Debt Settlement Arrangement by personal insolvency practitioner under section 75. |
In force | 77. Determination of objection lodged under section 75. |
In force | 78. Coming into effect of Debt Settlement Arrangement. |
In force | 79. Effect of Debt Settlement Arrangement. |
In force | 80. Operation of terms of Debt Settlement Arrangement. |
In force | 81. General duties and obligations of debtor arising under Chapter 3. |
In force | 82. Variation of Debt Settlement Arrangement. |
In force | 83. Application to appropriate court to have Debt Settlement Arrangement terminated. |
In force | 84. Debt Settlement Arrangement deemed to have failed after 6 month arrears default. |
In force | 85. Effect of premature termination of Debt Settlement Arrangement on debts. |
In force | 86. Successful completion of Debt Settlement Arrangement. |
In force | 87. Grounds of challenge by creditor to coming into effect of Debt Settlement Arrangement. |
In force | 88. Debt Settlement Arrangement: Excessive pension contributions. |
| | Chapter 4 Personal Insolvency Arrangements (ss. 89-125) |
In force | 89. Personal Insolvency Arrangement: General Conditions. |
In force | 90. Personal Insolvency Arrangement permitted once only. |
In force | ⚠ 91. Eligibility criteria for a Personal Insolvency Arrangement. |
In force | 92. Creditor consent required for inclusion of excludable debt in Personal Insolvency Arrangement. |
In force | ⚠ 93. Application for protective certificate. |
In force | 94. Consideration by Insolvency Service of application for protective certificate. |
In force | 95. Referral of application to court for issue of protective certificate. |
In force | 96. Effect of issue of protective certificate. |
In force | 97. Right of appeal as respects protective certificate. |
In force | 98. Actions to be taken by personal insolvency practitioner following issue of protective certificate. |
In force | 99. Mandatory requirements concerning Personal Insolvency Arrangement. |
In force | 100. Non-exhaustive list of options as respects payments for inclusion in Personal Insolvency Arrangement. |
In force | 101. Preferential debts in Personal Insolvency Arrangement. |
In force | 102. Secured creditors and Personal Insolvency Arrangement. |
In force | 103. Protections for secured creditors in Personal Insolvency Arrangement. |
In force | 104. Principal private residence in Personal Insolvency Arrangement. |
In force | 105. Valuation of security. |
In force | 106. Calling of creditors' meeting. |
In force | 107. Documents to be given to creditors and the Insolvency Service when summoning a creditors' meeting. |
In force | 108. Voting rights at creditors' meetings. |
In force | 109. Conduct of creditors' meeting for consideration of proposed Personal Insolvency Arrangement. |
In force | 110. Proportion of creditors required to approve Personal Insolvency Arrangement. |
In force | 111. Procedures for the conduct of creditors meetings. |
In force | 111A. Approval of proposed Personal Insolvency Arrangement where only one creditor. |
In force | 112. Steps to be taken by personal insolvency practitioner following approval of proposal for Personal Insolvency Arrangement. |
In force | 113. Steps to be taken by Insolvency Service following notification of approval of Personal Insolvency Arrangement by personal insolvency practitioner under section 112. |
In force | 114. Determination of objection lodged under section 12. |
In force | 115. Coming into effect of Personal Insolvency Arrangement. |
In force | 115A. Court review of proposed Personal Insolvency Arrangement. |
In force | 116. Effect of Personal Insolvency Arrangement. |
In force | 117. Operation of terms of Personal Insolvency Arrangement. |
In force | 118. General duties and obligations of debtor arising under Chapter 4. |
In force | 119. Variation of Personal Insolvency Arrangement. |
In force | 119A. Variation of Personal Insolvency Arrangement confirmed by order under section 115A. |
In force | 120. Grounds of challenge by creditor to coming into effect or variation of Personal Insolvency Arrangement. |
In force | 121. Excessive pension contributions. |
In force | 122. Application to appropriate court to have Personal Insolvency Arrangement terminated. |
In force | 123. Personal Insolvency Arrangement deemed to have failed after 6 month arrears default. |
In force | 124. Effect of premature termination of Personal Insolvency Arrangement on debts. |
In force | 125. Successful completion of Personal Insolvency Arrangement. |
| | Chapter 5 Offences under Part 3 (ss. 126-132) |
In force | 126. False representations and omissions. |
In force | 127. Breach of obligation under Part 3. |
In force | 128. Concealment or falsification of documents. |
In force | 129. Fraudulent disposal of property. |
In force | 130. Obtaining credit or engaging in business by a debtor while insolvency arrangement is in effect. |
In force | 131. Unauthorised person acting as approved intermediary. |
In force | 132. Prosecution of offences. |
| | Chapter 6 Miscellaneous (ss. 133-141) |
In force | 133. Register of Insolvency Arrangements. |
In force | 134. Giving of notices. |
In force | 135. Set-off to be applied. |
In force | ⚠ 136. Prescribed Financial Statement. |
In force | 137. Guidelines and codes of practice. |
In force | 138. Application of laws in relation to netting agreements, etc. |
In force | 139. Debts in currency other than currency of the State. |
In force | 140. Transmission of documents by electronic means. |
Not yet in force | ⚠ 140A. Confirmation of truth |
In force | 141. Review of operation of Part 3. |
| | Part 4 Bankruptcy (ss. 142-158) |
In force | 142. Amendment of section 3 of Bankruptcy Act 1988. |
In force | 143. Amendment of section 7 of Bankruptcy Act 1988. |
In force | 144. Amendment of section 8 of Bankruptcy Act 1988. |
In force | 145. Amendment of section 11 of Bankruptcy Act 1988. |
In force | 146. Amendment of section 12 of Bankruptcy Act 1988. |
In force | 147. Amendment of section 14 of Bankruptcy Act 1988. |
In force | 148. Amendment of section 15 of Bankruptcy Act 1988. |
In force | 149. Amendment of section 39 of Bankruptcy Act 1988. |
In force | 150. Insertion into Bankruptcy Act 1988 of new sections 44A and 44B. |
In force | 151. Amendment of section 45 of Bankruptcy Act 1988. |
In force | 152. Amendment of section 57 of Bankruptcy Act 1988. |
In force | 153. Amendment of section 58 of Bankruptcy Act 1988. |
In force | 154. Amendment of section 59 of Bankruptcy Act 1988. |
In force | 155. Insertion into Bankruptcy Act 1988 of new section 65A. |
In force | 156. Amendment of section 81 of Bankruptcy Act 1988. |
In force | 157. Amendment of section 85 of Bankruptcy Act 1988. |
In force | 158. Amendment of section 123 of Bankruptcy Act 1988. |
| | Part 5 Regulation of Personal Insolvency Practitioners (ss. 159-186) |
| | Chapter 1 General Provisions (ss. 159-169) |
In force | 159. Interpretation (Part 5). |
In force | 160. Unauthorised person acting as personal insolvency practitioner. |
In force | 161. Regulations that may be made by Insolvency Service regarding personal insolvency practitioners. |
In force | 162. Register of Personal Insolvency Practitioners. |
In force | 163. Application for authorisation to carry on practice as personal insolvency practitioner. |
In force | 164. Authorisation to carry on practice as personal insolvency practitioner or refusal to authorise. |
In force | 165. Notification to applicant of refusal to authorise, etc. |
In force | 166. Renewal of authorisation to carry on practice as a personal insolvency practitioner. |
In force | 167. Notification to applicant of refusal to renew authorisation, etc. |
In force | 168. Provision of information by Garda Síochána and Central Bank. |
In force | 169. Appeal to Circuit Court against decision of Insolvency Service. |
| | Chapter 2 General Obligations of Personal Insolvency Practitioners (ss. 170-172) |
In force | 170. Retention of records. |
In force | 171. Professional indemnity insurance. |
In force | 172. Fees and charges by personal insolvency practitioners. |
| | Chapter 3 Accounts and Related Matters (ss. 173-175) |
In force | 173. Keeping and preservation by personal insolvency practitioner of accounts and records. |
In force | 174. Control of banking accounts or assets of personal insolvency practitioners. |
In force | 175. Power of Insolvency Service to deal with documents. |
| | Chapter 4 Complaints, Investigations and Sanctions (ss. 176-186) |
In force | 176. Inspectors. |
In force | 176A. Supervision. |
In force | 176B. Authorised Officers. |
In force | 176C. Powers of Authorised Officers. |
In force | 176D. Notification by Authorised Officer. |
In force | 177. Panel of persons to act as members of Complaints Committee. |
In force | 178. Complaints against personal insolvency practitioners. |
In force | 179. Circumstances in which application may be made to High Court for immediate suspension of authorisation, etc. |
In force | 180. Investigations. |
In force | 181. Measures to assist inspector in carrying out investigation. |
In force | 182. Preparation of report by inspector and consideration of matter by the Complaints Committee. |
In force | 183. Appeal to High Court against determination of Complaints Committee. |
In force | 184. Matters to be considered in determining sanctions to be imposed. |
In force | 185. Publication of sanctions, etc. |
In force | 186. Restriction of right of access to personal data in certain circumstances. |
| | Part 6 Specialist Judges of Circuit Court (ss. 187-199) |
In force | 187. Amendment of Courts (Establishment and Constitution) Act 1961. |
In force | 188. Amendment of section 17 of Courts (Supplemental Provisions) Act 1961. |
In force | 189. Amendment of Courts (Supplemental Provisions) Act 1961. |
In force | 190. Amendment of section 46 of Courts (Supplemental Provisions) Act 1961. |
In force | 191. Number of specialist judges. |
In force | 192. Amendment of Courts and Court Officers Act 1995. |
In force | 193. Amendment of Courts Act 1977. |
In force | 194. Amendment of section 10 of Courts of Justice Act 1947. |
In force | 195. Amendment of section 38 of Courts of Justice Act 1924. |
In force | 196. Amendment of section 66 of Courts of Justice Act 1924. |
In force | 197. Amendment of Courts Act 1973. |
In force | 198. Amendment of Law Reform Commission Act 1975. |
In force | 199. Continuity of administration of justice not to be affected. |
Repealed | Schedule 1 Repeals |
| | Schedule 2 Provisions applicable to Oral Hearings conducted pursuant to Sections 181 and 182. |
In force | Schedule 2, Part 1 Oral Hearing conducted by inspector pursuant to Section 181(15) |
In force | Schedule 2, Part 2 Oral Hearing conducted by Complaints Committee pursuant to Section 182(6) |
In force | Schedule 3 Complaints Panel and Complaints Committees |
