Personal Insolvency Act 2012

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PART 3

Insolvency Arrangements

Chapter 1

Debt Relief Notices

Interpretation of Chapter 1.

25.— In this Chapter—

“Act of 1995” means the Consumer Credit Act 1995 ;

“application date” means the date on which an application under section 29 for a Debt Relief Notice is made to the Insolvency Service;

“approved intermediary” means a person authorised under section 47 to perform the functions of an approved intermediary under this Chapter;

“debt”, in relation to a debtor, means a debt for a liquidated sum that, on the application date, is payable either immediately or at some certain future time within 3 years from that date;

“Debt Relief Notice” means a Debt Relief Notice issued under section 31 ;

“Debt Relief Notice process” in relation to a debtor, means the process that commences with the submission of a written statement by the debtor under section 27 (1) and which concludes, as the case may be, when—

(a) the debtor’s application for a Debt Relief Notice is withdrawn, deemed to be withdrawn or refused, in accordance with this Chapter, or

(b) the Debt Relief Notice issued in relation to that debtor ceases to have effect in accordance with this Chapter;

“qualifying debt” in relation to a debtor, means a debt other than an excluded debt and—

(a) includes the following:

(i) credit card debt;

(ii) an overdraft or an unsecured loan from a bank or other entity regulated by the Central Bank of Ireland which carries on business in the State and is regulated by the Central Bank of Ireland;

(iii) debt for payment of one or more than one bill in respect of rent, utilities or telephone;

(iv) liquidated debts incurred by the debtor as surety for another person, such as a guarantee given by the debtor that has been called up that any amount guaranteed is due and payable by the debtor,

(b) subject to sections 35 (9) and 46 , may include a secured debt, and

(c) does not include an excludable debt, unless it is a permitted debt;

“specified creditor” shall be construed in accordance with section 32 (c)(ii) and references to a specified creditor include a reference to any person to whom the right to claim the whole or any part of a specified qualifying debt concerned passes, by assignment or operation of law, after the application date concerned;

“specified debtor” means a person who is the subject of a Debt Relief Notice and, in relation to a particular Debt Relief Notice, means the person who is the subject of that Notice in accordance with section 32 (a);

“specified qualifying debts” shall be construed in accordance with section 32 (b);

“supervision period” shall be construed in accordance with section 34 and includes a supervision period as extended under that section;

“termination”, in relation to a Debt Relief Notice, means its termination by order of a court under section 43 or 44 .