Personal Insolvency (Amendment) Act 2015

Amendment of section 71 of Principal Act

4. Section 71 of the Principal Act is amended—

(a) in subsection (1), by the insertion of “and section 74A(2)(b) (inserted by section 7 of the Personal Insolvency (Amendment) Act 2015)” after “section 70(2)(b) ”, and

(b) by the substitution of the following for subsection (2):

“(2) Where a debtor’s financial position has materially changed in the period between the completion by him or her of a Prescribed Financial Statement under section 50 and the giving of a notice under section 70(2) or, as the case may be, section 74A(2) (inserted by section 7 of the Personal Insolvency (Amendment) Act 2015)—

(a) the debtor shall inform the personal insolvency practitioner of that fact and of the nature of such change, and

(b) the personal insolvency practitioner shall, if he or she considers that the change necessitates the completion of a new Prescribed Financial Statement, assist the debtor in completing such a new statement, and where those circumstances arise a reference in this section to the Prescribed Financial Statement shall be construed as a reference to the new Prescribed Financial Statement.

(3) Where a new Prescribed Financial Statement is completed pursuant to subsection (2), the personal insolvency practitioner shall furnish a copy of that Statement to the Insolvency Service.”.