Personal Insolvency Act 2012

Debt Settlement Arrangement: Application for protective certificate.

59.— (1) Where a personal insolvency practitioner has been instructed pursuant to section 53 to make a proposal for a Debt Settlement Arrangement, the personal insolvency practitioner shall notify the Insolvency Service of the debtor’s intention to propose a Debt Settlement Arrangement and apply on behalf of the debtor for a protective certificate.

(2) The application referred to in subsection (1) shall be in such form as may be specified by the Insolvency Service and shall be accompanied by such fee (if any) as may be prescribed and the following documents:

(a) the statement of the personal insolvency practitioner prepared under section 54 ;

(b) a document signed by the debtor confirming that he or she satisfies the eligibility criteria specified in section 57 ;

(c) the statutory declaration of the debtor referred to in section 57 (1)(c);

(d) the Prescribed Financial Statement;

(e) a schedule of the creditors of the debtor and the debts concerned, stating in relation to each such creditor—

(i) the amount of each debt due to that creditor,

(ii) whether, as respects the debt concerned, the creditor is a secured creditor and, if so, the nature of the security concerned, and

(iii) such other information as may be prescribed;

(f) the debtor’s written consent to—

(i) the disclosure to the Insolvency Service,

(ii) the processing by the Insolvency Service, and

(iii) the disclosure by the Insolvency Service to creditors of the debtor concerned,

of personal data of that debtor, to the extent necessary in respect of the Debt Settlement Arrangement procedure provided for in this Chapter;

(g) the debtor’s written consent to the making of any enquiry under section 60 relating to the debtor by the Insolvency Service.

(3) An application under this section may be withdrawn by the personal insolvency practitioner at any time prior to the issue of a protective certificate under section 61 .

(4) Where a personal insolvency practitioner becomes aware of any inaccuracy or omission in an application under this section or any document accompanying such an application, he or she shall inform the Insolvency Service of this fact as soon as practicable and the Insolvency Service shall have regard to any information provided under this subsection for the purposes of its consideration of the application.