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Rules of the Superior Courts

Amendment to: Order 76A
S.I. No. 507 of 2015: Rules of the Superior Court (Personal Insolvency) 2015


.....

2. The Rules of the Superior Courts are amended:

      (i) by the substitution for paragraphs (a) to (c) inclusive in rule 5(1) of Order 76A of the following paragraphs:

        “(a) the return date of a notice of motion issued under rules 8 to 10 inclusive, 13, 14, 17 to 19 inclusive, 22 or 23, or

        (b) the date on which any Debt Settlement Arrangement and any objections thereto has or have been entered for initial consideration by the Court in accordance with rule 11, or

        (c) the date on which any Personal Insolvency Arrangement and any objections thereto has or have been entered for initial consideration by the Court in accordance with rule 20, or

        (d) the date on which a hearing for the purposes of section 115A(9)1 of the Act has been listed for initial consideration by the Court in accordance with rule 21A,”;


      (ii) by the substitution for rule 11(2) of Order 76A of the following sub-rule:

        “(2) A notification to the Court by the Insolvency Service in accordance with section 76(1)2 of the Act of a Debt Settlement Arrangement which has been approved or is deemed to have been approved at a creditors’ meeting or, where only one creditor would be entitled to vote at a creditors’ meeting, has been approved or is deemed to have been approved by that creditor in accordance with section 74A3 of the Act, shall be in Form No. 54 and shall be accompanied by:

            (a) a true copy of the certificate provided for under section 75(1)(a)4 or, as the case may be, section 75(1A)(a)5, of the Act, which shall be in Form No. 55,

            (b) a true copy of the approved Debt Settlement Arrangement, and

            (c) a true copy of the statement provided for under section 75(1)(c)6 or, as the case may be, section 75(1A)(c)7, of the Act, which shall be in Form No. 56.”;

      (iii) by the substitution for rule 11(5) of Order 76A of the following sub-rule:

        “(5) The provisions of these Rules which apply to the notification and consideration of a Debt Settlement Arrangement shall apply, mutatis mutandis, to the notification and consideration of a variation of a Debt Settlement Arrangement and any objections thereto, and with such modifications to those Rules (including modifications to the relevant Forms) as may be necessary in accordance with section 82(9)8 of the Act.

        (5A) The Debt Settlement Arrangement as varied, required to be lodged with the Court in accordance with section 76(1)9 of the Act as applied by section 82(9)10 of the Act, shall clearly identify, by annotation, underlining, bracketing or striking through of the relevant text, or by other means as appropriate, the variations effected to the original Debt Settlement Arrangement.”;


      (iv) by the substitution for rule 20(2) of Order 76A of the following sub-rule:

        “(2) A notification to the Court by the Insolvency Service in accordance with section 113(1)11 of the Act of a Personal Insolvency Arrangement which has been approved or is deemed to have been approved at a creditors’ meeting, or where only one creditor would be entitled to vote at a creditors’ meeting, has been approved or is deemed to have been approved by that creditor in accordance with section 111A12 of the Act, shall be in Form No. 54 and shall be accompanied by:

            (a) a true copy of the certificate provided for under section 112(1)(a)13 or, as the case may be, section 112(1A)(a)14, of the Act, which shall be in Form No. 55,

            (b) a true copy of the approved Personal Insolvency Arrangement with the record number of the proceedings endorsed thereon, and

            (c) a true copy of the statement provided for under section 112(1)(c)15 or, as the case may be, section 112(1A)(c)16, of the Act, which shall be in Form No. 56.”;

      (v) by the substitution for rule 20(5) of Order 76A of the following sub-rule:

        “(5) The provisions of these Rules which apply to the notification and consideration of a Personal Insolvency Arrangement shall apply, mutatis mutandis, to the notification and consideration of a variation of a Personal Insolvency Arrangement and any objections thereto, and with such modifications to those Rules (including modifications to the relevant Forms) as may be necessary in accordance with section 119(9)17 of the Act.

        (5A) The Personal Insolvency Arrangement as varied, required to be lodged with the Court in accordance with section 113(1)18 of the Act as applied by section 119(9)19 of the Act, shall clearly identify, by annotation, underlining, bracketing or striking through of the relevant text, or by other means as appropriate, the variations effected to the original Personal Insolvency Arrangement.”;


      (vi) by the insertion immediately following rule 21 of Order 76A of the following rule:

        “21A. (1) An application by a personal insolvency practitioner on behalf of a debtor under section 115A20 of the Act for an order under section 115A(9) of the Act shall be commenced by notice of motion (which shall include the notice required by section 115A(3) of the Act), in Form No. 58, signed by the personal insolvency practitioner concerned, which shall—

            (a) bear the record number of the proceedings on the application for a protective certificate under section 93 of the Act on behalf of the debtor concerned,

            (b) include a statement of the grounds of the application, referred to in paragraph (a) of section 115A(2) of the Act,

            (c) include the statement referred to in paragraph (e) of section 115A(2) of the Act,

            (d) have appended a copy of the written instruction of the debtor to the personal insolvency practitioner to make the application, and

            (e) have appended the documents referred to in paragraphs (b), (c) and (d) of section 115A(2) of the Act.

        (2) The certificate as to the matters referred to in paragraph (d) of section 115A(2) of the Act shall be in Form No. 59.

        (3) On receipt of a notice of motion and appended documents in accordance with sub-rule (1), the proper officer shall issue the notice of motion and enter the notice of motion and any objections thereto for initial consideration by the Court on the earliest practicable date which is not less than 21 days after the date of issue of the notice of motion.

        (4) The personal insolvency practitioner shall, not later than four days after the notice of motion referred to in sub-rule (1) has issued, send a copy of same to the Insolvency Service, to the debtor and to each creditor concerned.

        (5) On the date first fixed for a hearing for the purposes of section 115A(9) of the Act (or on any adjournment from such date), the Court shall (if it does not hear and determine any objections on that date) give directions and make orders for the determination of any objections in accordance with rule 5.

        (6) The provisions of these Rules which apply to:

            (a) the notification and consideration of a Personal Insolvency Arrangement, and

            (b) an application for an order under section 115A(9) of the Act in relation to a proposed Personal Insolvency Arrangement;

        shall apply, mutatis mutandis, to an application under section 119A21 of the Act for an order confirming the coming into effect of the Personal Insolvency Arrangement as varied in accordance with the proposal under section 119A of the Act, and any objections thereto, and with such modifications to those Rules (including modifications to the relevant Forms) as may be necessary in accordance with section 119A(6) and 119A(14) of the Act.

        (7) The proper officer shall notify the Insolvency Service and the personal insolvency practitioner concerned where the court makes or refuses to make an order under either section 115A(9) or section 119A of the Act, by ordinary prepaid post or by such other means as the proper officer considers sufficient.”

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1 Inserted by section 21 of the Personal Insolvency (Amendment) Act 2015.
2 As substituted by section 72 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013.
3 Inserted by section 7 of the Personal Insolvency (Amendment) Act 2015.
4 Substituted by section 71 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013.
5 Inserted by section 8 of the Personal Insolvency (Amendment) Act 2015.
6 Substituted by section 71 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013.
7 Inserted by section 8 of the Personal Insolvency (Amendment) Act 2015.
8 As amended by section 11 of the Personal Insolvency (Amendment) Act 2015.
9 As substituted by section 72 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013.
10 As amended by section 11 of the Personal Insolvency (Amendment) Act 2015.
11 As substituted by section 86 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 and amended by section 19 of the Personal Insolvency (Amendment) Act 2015.
12 Inserted by section 17 of the Personal Insolvency (Amendment) Act 2015.
13 As amended by section 85 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 and substituted by section 18 of the Personal Insolvency (Amendment) Act 2015.
14 Inserted by section 18 of the Personal Insolvency (Amendment) Act 2015.
15 As amended by section 85 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 and substituted by section 18 of the Personal Insolvency (Amendment) Act 2015.
16 Inserted by section 18 of the Personal Insolvency (Amendment) Act 2015.
17 As substituted by section 22 of the Personal Insolvency (Amendment) Act 2015.
18 As substituted by section 86 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 and amended by section 19 of the Personal Insolvency (Amendment) Act 2015.
19 As substituted by section 89 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 and substituted by section 22 of the Personal Insolvency (Amendment) Act 2015.
20 Inserted by section 21 of the Personal Insolvency (Amendment) Act 2015.
21 Inserted by section 22 of the Personal Insolvency (Amendment) Act 2015.