Personal Insolvency Act 2012

SCHEDULE 1 Repeals

SCHEDULE 1

Repeals

Section 6.

Sections 87 to 109 of the Bankruptcy Act 1988.

SCHEDULE 2 Provisions applicable to Oral Hearings conducted pursuant to SECTIONS 181 and 182.

SCHEDULE 2

Provisions applicable to Oral Hearings conducted pursuant to SECTIONS 181 and 182.

Sections 181 and 182.

PART 1 Oral Hearing conducted by inspector pursuant to SECTION 181(15)

PART 1

Oral Hearing conducted by inspector pursuant to SECTION 181(15)

1. The inspector conducting the oral hearing for the purposes of an investigation may take evidence on oath, and the administration of such an oath by the inspector is hereby authorised.

2. The inspector may by notice in writing require any person to attend the oral hearing at such time and place as is specified in the notice to give evidence in respect of any matter in issue in the investigation or to produce any relevant documents within his or her possession or control or within his or her procurement.

3. Subject to paragraph 4, a person referred to in paragraph 2 may be examined and cross-examined at the oral hearing.

4. A person referred to in paragraph 2 shall be entitled to the same immunities and privileges in respect of compliance with any requirement referred to in that paragraph as if the person were a witness before the High Court.

5. Where a person referred to in paragraph 2 does not comply or fully comply with a requirement referred to in that paragraph, the inspector may apply in a summary manner to the Circuit Court, on notice to that person, for an order requiring the person to comply or fully comply, as the case may be, with the requirement within a period to be specified by the Court, and the Court may make the order sought or such other order as it deems appropriate or refuse to make any order.

6. The jurisdiction conferred on the Circuit Court by paragraph 5 may be exercised by the judge of that Court for the circuit in which the person concerned ordinarily resides or carries on any profession, business or occupation.

7. The oral hearing shall be held otherwise than in public.

PART 2 Oral Hearing conducted by Complaints Committee pursuant to SECTION 182(6)

PART 2

Oral Hearing conducted by Complaints Committee pursuant to SECTION 182(6)

1. The Complaints Committee, in conducting the oral hearing for the purposes of assisting it to make a determination under section 182 or for the purposes of observing fair procedures, may take evidence on oath, and the administration of such an oath by any member of the Complaints Committee is hereby authorised.

2. The Complaints Committee may by notice in writing require any person to attend the oral hearing at such time and place as is specified in the notice to give evidence in respect of any matter in issue in the making of the decision under section 182 or to produce any relevant documents within his or her possession or control or within his or her procurement.

3. Subject to paragraph 4, a person referred to in paragraph 2 may be examined and cross-examined at the oral hearing.

4. A person referred to in paragraph 2 shall be entitled to the same immunities and privileges in respect of compliance with any requirement referred to in that paragraph as if the person were a witness before the High Court.

5. Where a person referred to in paragraph 2 does not comply or fully comply with a requirement referred to in that paragraph, the Insolvency Service may apply in a summary manner to the Circuit Court, on notice to that person, for an order requiring the person to comply or fully comply, as the case may be, with the requirement within a period to be specified by the Court, and the Court may make the order sought or such other order as it deems appropriate or refuse to make any order.

6. The jurisdiction conferred on the Circuit Court by paragraph 5 may be exercised by the judge of that Court for the circuit in which the person concerned ordinarily resides or carries on any profession, business or occupation.

7. The oral hearing shall be held otherwise than in public unless—

(a) the personal insolvency practitioner to whom the investigation concerned relates or, if the investigation arose in consequence of the receipt of a complaint, the complainant, makes a request in writing to the Insolvency Service that the hearing (or a part thereof) be held in public and states in the request the reasons for the request, and

(b) the Insolvency Service, after considering the request (in particular, the reasons for the request), is satisfied that it would be appropriate to comply with the request.

SCHEDULE 3 Complaints Panel and Complaints Committees

SCHEDULE 3

Complaints Panel and Complaints Committees

Section 177.

1. Subject to paragraphs 2 and 3 of this Schedule, on the coming into operation of section 177 of this Act, the Minister shall, with the consent of the Ministers for Finance and Public Expenditure and Reform, establish and maintain a panel which shall be composed of at least 7 persons.

2. Each of the persons appointed to the panel referred to in paragraph 1 of this Schedule shall be a person whom the Minister considers to have relevant experience or special knowledge which will enable the persons appointed to carry out their functions under this Act.

3. At least two of the persons appointed to the panel referred to in paragraph 1 of this Schedule shall be a solicitor or a barrister.

4. Subject to paragraph 6 of this Schedule, a person shall remain on the panel established under this section for such period as may be specified on appointment unless he or she sooner dies or requests the Minister that his or her appointment be revoked, but unless he or she has died shall be eligible to be appointed to the panel for a further period or periods.

5. A vacancy in the membership of the panel may be filled by the Minister in the same manner as is specified in paragraphs 1 and 2 as respects the appointment of persons to be members of the panel.

6. A person who has been appointed to be a member of a Complaints Committee as respects a particular investigation shall continue as a member of the panel and of that Complaints Committee until the conclusion of the deliberations of that Complaints Committee as respects the matter concerned notwithstanding that the period for which the panel was appointed has expired.

7. A member of the panel appointed to a Complaints Committee shall be paid such remuneration and allowances for expenses as the Minister may determine with the consent of the Minister for Public Expenditure and Reform.

8. A Complaints Committee shall be composed of no less than three persons at least one of whom shall be a barrister or solicitor.

9. The Minister, with the consent of the Minister for Finance, may at any time remove a member from the panel for stated misbehaviour.

10. A Complaints Committee shall be independent in the discharge of its functions.

11. The Minister shall make available to a Complaints Committee such services, including staff, as may be reasonably required by that Committee.