S.I. No. 356/2013 - Personal Insolvency Act 2012 (Additional Information to be contained in the Registers) Regulations 2013.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 20th September, 2013.

The Insolvency Service of Ireland, in exercise of the powers conferred on it by section 3 of the Personal Insolvency Act 2012 (No. 44 of 2012) (the “Act”), hereby makes the following regulations:

1. These Regulations may be cited as the Personal Insolvency Act 2012 (Additional Information to be contained in the Registers) Regulations 2013.

2. In addition to such information as is required under Part 3 of the Act to be recorded in it, the Register of Debt Relief Notices shall contain the following information, which information is hereby prescribed for the purposes of section 133(3)(b) of the Act:

(a) the appropriate court’s record number relating to the Debt Relief Notice;

(b) the alias of the debtor (if any);

(c) the year of the debtor’s birth;

(d) the start date of the supervision period (being the date on which the issue of the Debt Relief Notice by the appropriate court is recorded by the Insolvency Service in the Register of Debt Relief Notices under section 33(4) of the Act);

(e) the end date of the supervision period (noting that this date is subject to change in accordance with the Act);

(f) the appropriate court, and where this is the Circuit Court, the circuit of the Circuit Court;

(g) the address and telephone and/or email contact details of the Insolvency Service.

3. In addition to such information as is required under Part 3 of the Act to be recorded in it, the Register of Protective Certificates shall contain the following information, which information is hereby prescribed for the purposes of section 133(3)(b) of the Act:

(a) the appropriate court’s record number relating to the protective certificate;

(b) the type of arrangement (Debt Settlement Arrangement or Personal Insolvency Arrangement) relating to the protective certificate;

(c) the alias of the debtor (if any);

(d) the year of the debtor’s birth;

(e) the appropriate court, and where this is the Circuit Court, the circuit of the Circuit Court;

(f) the name, address and telephone and/or email contact details of the relevant personal insolvency practitioner;

(g) the address and telephone and/or email contact details of the Insolvency Service.

4. In addition to such information as is required under Part 3 of the Act to be recorded in it, the Register of Debt Settlement Arrangements shall contain the following information, which information is hereby prescribed for the purposes of section 133(3)(b) of the Act:

(a) the appropriate court’s record number relating to the Debt Settlement Arrangement;

(b) the debtor’s name;

(c) the alias of the debtor (if any);

(d) the debtor’s address;

(e) the year of the debtor’s birth;

(f) the date on which the proposed Debt Settlement Arrangement was approved at a creditors’ meeting;

(g) the date on which the coming into effect of the Debt Settlement Arrangement was approved by the appropriate court;

(h) the start date of the Debt Settlement Arrangement (being the date on which the Debt Settlement Arrangement comes into effect in accordance with section 78(8) of the Act);

(i) the scheduled end date of the Debt Settlement Arrangement;

(j) when known, the actual end date of the Debt Settlement Arrangement;

(k) the appropriate court, and where this is the Circuit Court, the circuit of the Circuit Court;

(l) where applicable, the date on which the proposed variation to the Debt Settlement Arrangement was approved at a creditors’ meeting;

(m) where applicable, the date on which the coming into effect of the Debt Settlement Arrangement as varied was approved by the appropriate court;

(n) where applicable, the date on which the Debt Settlement Arrangement as varied comes into effect in accordance with sections 78(8) and 82(8) of the Act.

(o) the outcome of the Debt Settlement Arrangement which shall be recorded in the Register of Debt Settlement Arrangements as one of the following:

(i) Successful completion;

(ii) Early termination by court;

(iii) Failure after 6 months arrears default;

(iv) Other failure;

(p) the name, address and telephone and/or email contact details of the relevant personal insolvency practitioner;

(q) the address and telephone and/or email contact details of the Insolvency Service.

5. In addition to such information as is required under Part 3 of the Act to be recorded in it, the Register of Personal Insolvency Arrangements shall contain the following information, which information is hereby prescribed for the purposes of section 133(3)(b) of the Act:

(a) the appropriate court’s record number relating to the Personal Insolvency Arrangement;

(b) the debtor’s name;

(c) the alias of the debtor (if any);

(d) the debtor’s address;

(e) the year of the debtor’s birth;

(f) the date on which the proposed Personal Insolvency Arrangement was approved at a creditors’ meeting;

(g) the date on which the coming into effect of the Personal Insolvency Arrangement was approved by the appropriate court;

(h) the start date of the Personal Insolvency Arrangement (being the date on which the Personal Insolvency Arrangement comes into effect in accordance with section 115(8) of the Act);

(i) the scheduled end date of the Personal Insolvency Arrangement;

(j) when known, the actual end date of the Personal Insolvency Arrangement:

(k) the appropriate court, and where this is the Circuit Court, the circuit of the Circuit Court;

(l) where applicable, the date on which the proposed variation to the Personal Insolvency Arrangement was approved at a creditors’ meeting;

(m) where applicable, the date on which the coming into effect of the Personal Insolvency Arrangement as varied was approved by the appropriate court;

(n) where applicable, the date on which the Personal Insolvency Arrangement as varied comes into effect in accordance with sections 115(8) and 119(8) of the Act.

(o) the outcome of the Personal Insolvency Arrangement which shall be recorded in the Register of Personal Insolvency Arrangements as one of the following:

(i) Successful completion;

(ii) Early termination by court;

(iii) Failure after 6 months arrears default;

(iv) Other failure;

(p) the name, address and telephone and/or email contact details of the relevant personal insolvency practitioner;

(q) the address and telephone and/or email contact details of the Insolvency Service.

GIVEN under the seal of the Insolvency Service of Ireland,

16 September 2013.

LORCAN O’CONNOR,

Director of the Insolvency Service of Ireland.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prescribe the information that is to be recorded in the Register of Debt Relief Notices, the Register of Protective Certificates, the Register of Debt Settlement Arrangements and the Register of Personal Insolvency Arrangements in addition to such information as is required under Part 3 of the Act to be recorded in these registers.