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S.I. No. 63/2013 - Personal Insolvency Act 2012 (Commencement) (No. 2) Order 2013.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th February, 2013.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by section 1 (2) of the Personal Insolvency Act 2012 (No. 44 of 2012), hereby order as follows:

1. This Order may be cited as the Personal Insolvency Act 2012 (Commencement) (No. 2) Order 2013.

2. The 1st day of March 2013 is fixed as the day on which the following provisions of the Personal Insolvency Act 2012 (No. 44 of 2012) shall come into operation:

(a) Part 1 (other than section 6);

(b) Part 2 (other than section 13);

(c) sections 25 and 47;

(d) sections 126 to 141;

(e) Part 5;

(f) Schedules 2 and 3.

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GIVEN under my Official Seal,

20 February 2013.

ALAN SHATTER,

Minister for Justice and Equality.

EXPLANATORY NOTE

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

This Order appoints 1 March 2013 as the date on which the provisions of Part 1 (other than section 6), Part 2 (other than section 13), sections 25 and 47 , sections 126 to 141 , Part 5 and Schedules 2 and 3 of the Personal Insolvency Act 2012 come into operation.

Part 1 of the Act provides for the short title and commencement and interpretation of the Act as well as making provision for regulation-making powers, expenses and the interpretation of “appropriate court” in the Act.

Part 2 of the Act makes provision for the establishment of a new body, the Insolvency Service of Ireland, for the purposes of operating the new debt resolution arrangements provided for in the Act. It sets out the functions and powers of the Insolvency Service and governance arrangements for the Service.

Section 25 is an interpretation section for Chapter 1. Section 47 empowers the Insolvency Service to authorise a person or class of person to perform the functions of an approved intermediary under Chapter 1.

Chapter 5 (sections 126 to 132) provides for offences under Part 3, while Chapter 6 (sections 133 to 141) makes provision for miscellaneous matters pertaining to the Act.

Part 5 and Schedules 2 and 3, make provision for the regulation, supervision and discipline of personal insolvency practitioners by the Insolvency Service.