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Amendment of section 78 of Act of 2012
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73. Section 78 of the Act of 2012 is amended—
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(a) in subsection (2), by substituting “the notification and documents” for “the copy of the Debt Settlement Arrangement”,
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(b) by substituting the following for subsection (3):
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“(3) Where the appropriate court, for the purpose of its arriving at a decision under subsection (2), requires—
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(a) further information, it may request the Insolvency Service to provide this information, and the Insolvency Service shall provide the information requested to the court and to the personal insolvency practitioner concerned, or
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(b) further information or evidence, it may hold a hearing, which hearing shall be on notice to the Insolvency Service and the personal insolvency practitioner concerned.”,
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(c) by deleting subsection (4), and
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(d) by substituting the following for subsection (5):
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“(5) For the purposes of subsection (2), the appropriate court may accept—
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(a) the certificate of the personal insolvency practitioner referred to in section 75(1)(a) (as amended by section 71 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013) as evidence that the requisite percentage of creditors referred to in section 73(6) has approved the proposal for a Debt Settlement Arrangement, and
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(b) the statement of the personal insolvency practitioner referred to in section 75(1)(c) (as amended by section 71 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013) as evidence of any matter referred to in subsection (2) which is the subject of that statement.”.
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