S.I. No. 459/2014 - Personal Insolvency Act 2012 (Prescribed Fees) (No. 2) Regulations 2014.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 17th October, 2014.

The Insolvency Service of Ireland, in exercise of the powers conferred on it by section 3 and section 20 (as amended by section 40 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 (No. 32 of 2013)) of the Personal Insolvency Act 2012 (No. 44 of 2012), and with the consent of the Minister for Justice and Equality, hereby makes the following regulations:

Citation

1. These Regulations may be cited as the Personal Insolvency Act 2012 (Prescribed Fees) (No. 2) Regulations 2014.

Interpretation

2. In these Regulations “the Act” means the Personal Insolvency Act 2012 (No. 44 of 2012).

Prescribed Fees

3. The amount of €100 is prescribed as the fee payable to the Insolvency Service for the purposes of section 29(2) of the Act.

4. The amount of €250 is prescribed as the fee payable to the Insolvency Service for the purposes of section 59(2) of the Act.

5. Subject to Regulation 6, the amount of €500 is prescribed as the fee payable to the Insolvency Service for the purposes of section 93(2) of the Act.

6. Where a personal insolvency practitioner, when making two or more applications under section 93 of the Act, indicates to the Insolvency Service that the debtors the subject of those applications intend to propose Personal Insolvency Arrangements on the basis that those Personal Insolvency Arrangements will be administered in common in accordance with section 89(4) of the Act, the personal insolvency practitioner shall specify one of those applications for the purpose of this Regulation, and the fee prescribed in Regulation 5 shall not be payable in connection with that application.

Temporary Waiver of Fees

7. Any fee payable to the Insolvency Service under Regulation 3, 4, 5 or 6 in respect of an application under section 29(1), 59(1) and 93(1) of the Act is waived, where such application is made after the date of the coming into operation of these Regulations and on or before 31 December 2015.

Revocation

8. The Personal Insolvency Act 2012 (Prescribed Fees) Regulations 2014 ( S.I. No. 141 of 2014 ) are hereby revoked.

The Minister for Justice and Equality consents to the making of the foregoing Regulations.

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GIVEN under the Official Seal of the Minister for Justice and Equality,

13 October 2014.

FRANCES FITZGERALD,

Minister for Justice and Equality.

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GIVEN under the seal of the Insolvency Service of Ireland,

13 October 2014.

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 set out the fees applicable in respect of an application for a Debt Relief Notice, an application for a Protective Certificate in relation to a Debt Settlement Arrangement and an application for a Protective Certificate in relation to a Personal Insolvency Arrangement and provide for a temporary waiver of fees for any such application made after the date of the coming into operation of these Regulations and on or before 31 December 2015.