IE
S.I. No. 316/2013 - Rules of the Superior Courts (Personal Insolvency) 2013.
Table of Provisions (25)
Statutory Text (25 Articles)
1. Being satisfied that the total liabilities of the debtor, determined on the basis of the Prescribed Financial Statement completed by the debtor concerned in respect of the application concerned, are in excess of €2,500,000
2. Having considered
(i) the application dated the .20.. for the issue of a protective certificate in respect of the said debtor, furnished to the Court on ..20.. by the Insolvency Service of Ireland
(ii) the certificate of the Insolvency Service of Ireland, having performed its functions under the
Personal Insolvency Act 2012
in relation to the said application, that the application to the Insolvency Service of Ireland under
section 93
of the
Personal Insolvency Act 2012
on behalf of the said debtor is in order
(iii) copies of the supporting documentation for the application (other than the documents referred to in section 93(2)(
f
) and (
g
) of the Act)
*(iv) further *information *evidence provided to it
3. Being satisfied that the criteria specified in
section 91
of the
Personal Insolvency Act 2012
have been satisfied to the extent that the said criteria have not been disapplied by an order made under
section 91
(3) of the said Act
4. Being satisfied that the other relevant requirements relating to an application for the issue of a protective certificate have been met
hereby issues in accordance with
section 95
(2) of the
Personal Insolvency Act 2012
a protective certificate in respect of the said debtor and in respect of the debts as set out hereunder
Specified debts
Reference/Number (if any) as per Prescribed Financial Statement.
Value of the debt on the application date (€)
Creditor to whom debt is owed
€
..of..
Given by the Court on ..20..
Registrar [Name]
*Delete where inapplicable
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These rules incorporate a new Order 76A in the Rules of the Superior Courts and new Forms 51 to 57 in Appendix O to those Rules, to regulate the procedure to be employed in proceedings in the High Court under the
Personal Insolvency Act 2012
, as amended by the Courts and Civil Laws (Miscellaneous Provisions) Act 2013.
5. (1) On
(
a
) the return date of a notice of motion issued under rules 8 to 10 inclusive, 13, 14, 17 to 19 inclusive, 22 or 23, or
(
b
) the date on which any Debt Settlement Arrangement and any objections thereto has or have been entered for initial consideration by the Court in accordance with rule 11, or
(
c
) the date on which any Personal Insolvency Arrangement and any objections thereto has or have been entered for initial consideration by the Court in accordance with rule 20,
or on any adjournment from such date, the Court may, if it does not hear and determine the application, objections or request for approval concerned (in this rule referred to as the “matter”) on that date, and where it considers it necessary to do so, give such directions and make such orders for the further conduct of the matter as appear convenient for the determination of the matter in a manner which is just, expeditious and likely to minimise the costs of the proceedings which, where appropriate, may include
(i) directions as to the service of notice of the matter on any other person, including mode of service and the time allowed for such service (and the Court may for that purpose adjourn the hearing or further hearing of the matter to a date specified);
(ii) directions as to the filing and delivery of any further affidavits by any party or parties;
(iii) orders fixing time limits;
(iv) directions as to the production of documents to other parties or the furnishing of additional documents or evidence to the Court;
(v) directions as to the exchange of memoranda between or among the parties for the purpose of the agreeing by the parties or the fixing by the Court of any issues of fact or law to be determined in the proceedings, or orders fixing such issues;
(vi) a direction that the matter be determined on oral evidence, where it appears to the Court that the matter is likely to involve a substantial dispute of fact or it is otherwise necessary or desirable in the interests of justice (and the Court may for that purpose make orders and give directions in relation to the exchange of pleadings or points of claim or defence between the parties);
(vii) directions as to the furnishing by the parties to the Court and delivery of written submissions;
(viii) directions as to the publication of notice of the hearing of the matter and the giving of notice in advance of such hearing to any person other than a party to the proceedings who desires to be heard on the hearing of the matter.
(2) On the date mentioned in sub-rule (1) (or on any adjournment from such date), the Court may, where it deems fit, hear any application for relief of an interlocutory nature.
IV. Debt Settlement Arrangements
6. (1) Subject to sub-rule (2), an application to the Court by a debtor for an order under section 57(2) of the Act shall be made by motion on notice to the Insolvency Service grounded on an affidavit of the debtor.
(2) The Court may direct that notice of the application be given by the debtor to such person or persons as it may direct.
7. (1) The Insolvency Service may seek a decision of the Court in accordance with section 61(2) of the Act by submitting to the Central Office
(i) the application for a protective certificate under section 59 of the Act on behalf of a debtor;
(ii) a certificate of the Insolvency Service (in Form No. 51) to the effect that the application under section 59 of the Act is in order, and
(iii) the supporting documentation for the application under section 59 of the Act (other than the documents referred to in section 59(2)(
f
) and (
g
) of the Act).
(2) The application referred to in paragraph (i) of sub-rule (1) shall, in the form prescribed by the Insolvency Service under the Act, be the originating document in the proceedings concerning the Debt Settlement Arrangement in respect of the debtor concerned. All further applications under the Act concerning the Debt Settlement Arrangement in respect of the debtor concerned shall be brought in the proceedings commenced by the submission of that application and the documents and information referred to in paragraphs (ii) and (iii) of sub-rule (1).
(3) On the date first fixed for the consideration of the application, the Insolvency Service, the personal insolvency practitioner concerned and the debtor concerned shall not be required to attend and the Court, having considered the application, may
(
a
) if satisfied that the eligibility criteria specified in section 57 of the Act have been satisfied, and the other relevant requirements relating to an application for the issue of a protective certificate have been met, issue a protective certificate, in Form No. 52, in accordance with section 61(2)(
a
) of the Act;
(
b
) if not satisfied that the eligibility criteria specified in section 57 of the Act have been satisfied, and the other relevant requirements relating to an application for the issue of a protective certificate have been met, refuse the application to issue a protective certificate, in accordance with section 61(2)(
b
) of the Act;
(
c
) adjourn the consideration of the application and direct the proper officer of the Court to request the Insolvency Service to clarify any matter in the documentation provided or to provide any documentation which appears to the Court to have been omitted, or
(
d
) where it requires further information or evidence for the purpose of its arriving at a decision under section 61(2) of the Act, direct that a hearing be held, which hearing shall be on notice to the Insolvency Service and the personal insolvency practitioner concerned in accordance with section 61(3) of the Act.
(4) Where the Court directs a hearing in accordance with section 61(3) of the Act, the Court shall direct the Registrar to include in the notification to the Insolvency Service issued under section 61(10) of the Act the time and place fixed for the hearing, and may direct the Registrar to include in the notification
(
a
) an indication of the nature of the information or evidence which the Court requires for the purpose of its arriving at a decision under section 61(2) of the Act, and the persons who are likely to be able to provide such information or evidence, and
(
b
) notice of whether any evidence required may be given by way of affidavit.
(5) Where the Insolvency Service has sought a decision of the Court under section 61(2) of the Act in accordance with sub-rule (1) and the personal insolvency practitioner wishes to withdraw the application in accordance with section 59(3) of the Act, the personal insolvency practitioner shall notify the Insolvency Service in writing of the withdrawal, and the Insolvency Service shall, as soon as practicable following receipt of such notification, notify the Court of the withdrawal of the application.
8. (1) An application to the Court by a personal insolvency practitioner concerned under section 61(6) or section 61(7) of the Act to extend the period of the protective certificate shall be brought by notice of motion in the proceedings, setting out the reasons for the extension sought. The motion need not be supported by any affidavit, provided that the Court may require the delivery of an affidavit in any case in which it considers it just and necessary to do so.
(2) The notice of motion shall be served on the Insolvency Service.
(3) The Insolvency Service shall not be required to attend on the date first fixed for the hearing of the motion, and shall not be required to attend on any date to which such motion is adjourned, save by direction of the Court.
9. (1) Where an application is made to the Court under section 62(3) of the Act for leave, whilst a protective certificate remains in force, to commence or continue other proceedings, execution or other legal process in respect of a specified debt against the debtor or his or her property, that application shall—
(
a
) in the case of an application to commence proceedings, be brought by originating notice of motion, or
(
b
) in the case of an application to continue proceedings or for execution or other legal process, be brought by notice of motion in the proceedings which it is sought to continue or in which leave for execution or other process is sought,
of the person seeking such relief, grounded on an affidavit sworn by or on behalf of that person setting out the reasons why such leave is sought.
(2) The originating notice of motion or notice of motion (and a copy of any grounding affidavit) shall be served on the debtor concerned, the personal insolvency practitioner concerned, the Insolvency Service, and any other person who the Court directs should be served, not less than 21 days before the date first fixed for the hearing of the originating notice of motion or notice of motion, unless otherwise ordered by the Court.
(3) The Insolvency Service and the personal insolvency practitioner concerned shall not be required to attend on the date first fixed for the hearing of the originating notice of motion or notice of motion, and shall not be required to attend on any date to which such motion is adjourned, save by direction of the Court.
10. (1) An application to the Court under section 63 of the Act by a creditor who is aggrieved by the issue of a protective certificate, shall be brought by notice of motion in the proceedings on the protective certificate concerned, grounded on an affidavit sworn by or on behalf of the creditor.
(2) The notice of motion shall specify the date on which notice of the issue of the protective certificate was given to the creditor concerned and the grounds of the application.
(3) The affidavit shall set out the facts or circumstances which it is alleged establish the grounds concerned and authorise or entitle the applicant to the relief sought and set out the basis of the deponent’s belief as to the existence of those facts or circumstances.
(4) The notice of motion and a copy of the grounding affidavit shall be served on the Insolvency Service, the relevant personal insolvency practitioner concerned and any other person who the Court directs should be served, in accordance with section 63(2) of the Act, not less than 21 days before the date first fixed for the hearing of the motion.
(5) Each person served with the notice of motion and a copy of the grounding affidavit shall be at liberty to file and serve a replying affidavit setting out concisely the grounds of any opposition to the application and verifying any facts relied on in opposing the application, and a copy of such affidavit (and any exhibits thereto) shall be served upon the moving party and upon every other person served with notice of the application before the return date of the notice of motion.
11. (1) A notice of objection to a Debt Settlement Arrangement lodged by a creditor in accordance with section 75(3) of the Act shall be in Form No. 53 and shall
(
a
) include the record number of the proceedings;
(
b
) state when the notice under section 75(2) of the Act was sent to the creditor by the personal insolvency practitioner (if known) and when the said notice was received by the creditor;
(
c
) specify succinctly the grounds, set out in section 87 of the Act, on which objection is made to the coming into effect of the Debt Settlement Arrangement, and
(
d
) confirm the amount of the debt due to the creditor concerned.
(2) A notification to the Court by the Insolvency Service in accordance with section 76(1) of the Act of a Debt Settlement Arrangement which has been approved at a creditors’ meeting shall be in Form No. 54 and shall be accompanied by
(
a
) a true copy of the certificate provided for under section 75(1)(
a
) of the Act with the result of the vote taken at the creditors’ meeting, which shall be in Form No. 55,
(
b
) a true copy of the approved Debt Settlement Arrangement, and
(
c
) a true copy of the statement provided for under section 75(1)(
c
) of the Act, which shall be in Form No. 56.
(3) Following such notification, a certificate of the personal insolvency practitioner certifying the date or dates on which every notice to creditors under section 75(2) was sent shall be furnished by the personal insolvency practitioner to the Insolvency Service and shall promptly be lodged in Court by the Insolvency Service.
(4) On receipt of a notification referred to in sub-rule (2), the proper officer of the Court shall enter the Debt Settlement Arrangement and any objections thereto for initial consideration by the Court on a date which is not less than 14 days after the date of the sending by the personal insolvency practitioner of the notice referred to in section 75(2) of the Act, or the date of receipt by the Court of a copy of a Debt Settlement Arrangement concerned, whichever appears to be later, and shall notify the Insolvency Service, the personal insolvency practitioner and any creditor who has lodged an objection to the coming into effect of the Debt Settlement Arrangement.
(5) The provisions of these Rules which apply to the notification and consideration of a Debt Settlement Arrangement shall apply, mutatis mutandis, to the notification and consideration of a variation of a Debt Settlement Arrangement and any objections thereto, and with such modifications to those Rules (including modifications to the relevant Forms) as may be necessary in accordance with section 82(8) of the Act.
12. (1) On the date fixed in accordance with rule 11(4) (or on any adjournment from such date), the Court shall (if it does not hear and determine any objections on that date) give directions and make orders for the determination of any objections.
(2) Where no objection is lodged by a creditor with the Court within the time prescribed by section 75(2) of the Act, or an objection is lodged with the Court and the matter is determined by the Court on the date fixed in accordance with rule 11(4) on the basis that the objection should not be allowed, the Court
(
a
) if satisfied that the requirements specified in section 78(2)(
a
) of the Act have been satisfied, shall approve the coming into effect of the Debt Settlement Arrangement;
(
b
) if not satisfied that the requirements specified in section 78(2)(
a
) of the Act have been satisfied, shall refuse the application to approve the coming into effect of the Debt Settlement Arrangement, in accordance with section 78(2)(
b
) of the Act;
(
c
) may adjourn the further consideration of the Debt Settlement Arrangement to a date fixed by the Court and direct the registrar of the Court to request the Insolvency Service to provide such further information as is specified by the Court in accordance with section 78(3)(
a
) of the Act, or
(
d
) where it requires further information or evidence in accordance with section 78(3)(
b
) of the Act for the purpose of its arriving at a decision under section 78(2) of the Act, shall direct that a hearing be held, which hearing shall be on notice to the Insolvency Service and the personal insolvency practitioner concerned in accordance with section 78(3) of the Act.
(3) Where the Court directs a hearing in accordance with section 78(3)(
b
) of the Act, the Court shall direct the Registrar to include in the notification to the Insolvency Service and the personal insolvency practitioner issued under section 78(6) of the Act the time and place fixed for the hearing, and may direct the Registrar to include in the notification
(
a
) an indication of the nature of the information or evidence which the Court requires for the purpose of its arriving at a decision under section 78(2) of the Act and the persons who are likely to be able to provide such information or evidence, and
(
b
) notice of whether any evidence required may be given by way of affidavit.
13. (1) An application to the Court by a creditor or a personal insolvency practitioner under section 83 of the Act to have a Debt Settlement Arrangement terminated, shall be brought by notice of motion in the proceedings, grounded on an affidavit sworn by or on behalf of the moving party.
(2) The notice of motion shall specify the grounds mentioned in section 83(1) of the Act on which the application is made and the particular reliefs sought under section 83(3) of the Act.
(3) The affidavit shall set out the facts or circumstances which it is alleged establish the grounds mentioned in section 83(1) of the Act concerned and authorise or entitle the moving party to the relief sought and set out the basis of the deponent’s belief as to the existence of those facts or circumstances.
(4) The notice of motion and a copy of the grounding affidavit shall be served on the debtor concerned and on any other person who the Court directs should be served not less than 21 days before the date first fixed for the hearing of the motion, unless otherwise ordered by the Court.
(5) The debtor concerned shall be at liberty to file and serve a replying affidavit setting out concisely the grounds of any opposition to the application and verifying any facts relied on in opposing the application, and a copy of such affidavit (and any exhibits thereto) shall be served upon the moving party not later than seven days before the return date of the notice of motion.
(6) Where the Court makes an order under section 83 of the Act terminating a Debt Settlement Arrangement, an application for an order under section 85(1)(
b
) of the Act may be made without motion for that purpose, provided that the Court may direct that the same be heard on affidavit; in a case where a Debt Settlement Arrangement has been deemed to have failed by virtue of section 84(1) of the Act, an application for an order under section 85(1)(
b
) of the Act shall be made by notice of motion grounded upon an affidavit. The notice of motion and a copy of the grounding affidavit shall be served on the Insolvency Service and on any other person who the Court directs should be served.
14. (1) An application to the Court by a creditor or a personal insolvency practitioner for relief under section 88 of the Act shall be brought by notice of motion in the proceedings on the protective certificate concerned, grounded on an affidavit sworn by or on behalf of the moving party.
(2) The notice of motion shall specify the particular reliefs sought under section 88(3) of the Act.
(3) The affidavit shall set out the facts or circumstances which it is alleged establish that the debtor has made excessive contributions to a relevant pension arrangement, and authorise or entitle the moving party to the relief sought and set out the basis of the deponent’s belief as to the existence of those facts or circumstances.
(4) The notice of motion and a copy of the grounding affidavit shall be served on the debtor concerned not less than 21 days before the date first fixed for the hearing of the motion.
(5) The debtor concerned shall be at liberty to file and serve a replying affidavit setting out concisely the grounds of any opposition to the application and verifying any facts relied on in opposing the application, and a copy of such affidavit (and any exhibits thereto) shall be served upon the moving party not later than seven days before the return date of the notice of motion.
V. Personal Insolvency Arrangements
15. (1) Subject to sub-rule (2), an application to the Court by a debtor for an order under section 91(3) of the Act shall be made by motion on notice to the Insolvency Service grounded on an affidavit of the debtor.
(2) The Court may direct that notice of the application be given by the debtor to such person or persons as it may direct.
16. (1) The Insolvency Service may seek a decision of the Court in accordance with section 95(2) of the Act by submitting to the Central Office
(i) the application for a protective certificate under section 93 of the Act on behalf of a debtor;
(ii) a certificate of the Insolvency Service (in Form No. 51) to the effect that the application under section 93 of the Act is in order, and
(iii) the supporting documentation for the application under section 93 of the Act (other than the documents referred to in section 93(2)(
f
) and (
g
) of the Act).
(2) The application referred to in paragraph (i) of sub-rule (1) shall, in the form prescribed by the Insolvency Service under the Act, be the originating document for the proceedings concerning the Personal Insolvency Arrangement in respect of the debtor concerned. All further applications under the Act concerning the Personal Insolvency Arrangement in respect of the debtor concerned shall be brought in the proceedings commenced by the submission of that application and the documents and information referred to in paragraphs (ii) and (iii) of sub-rule (1).
(3) On the date first fixed for the consideration of the application, the Insolvency Service, the personal insolvency practitioner concerned and the debtor concerned shall not be required to attend and the Court, having considered the application, may
(
a
) if satisfied that the eligibility criteria specified in section 91 of the Act have been satisfied and the other relevant requirements relating to an application for the issue of a protective certificate have been met, issue a protective certificate, in Form No. 57, in accordance with section 95(2)(
a
) of the Act;
(
b
) if not satisfied that the eligibility criteria specified in section 91 of the Act have been satisfied and the other relevant requirements relating to an application for the issue of a protective certificate have been met, refuse the application to issue a protective certificate, in accordance with section 95(2)(
b
) of the Act;
(
c
) adjourn the consideration of the application and direct the proper officer of the Court to request the Insolvency Service to clarify any matter in the documentation provided or to provide any documentation which appears to the Court to have been omitted, or
(
d
) where it requires further information or evidence for the purpose of its arriving at a decision under section 95(2) of the Act, direct that a hearing be held, which hearing shall be on notice to the Insolvency Service and the personal insolvency practitioner concerned in accordance with section 95(3) of the Act.
(4) Where the Court directs a hearing in accordance with section 95(3) of the Act, the Court shall direct the Registrar to include in the notification to the Insolvency Service and the personal insolvency practitioner concerned issued under section 95(10) of the Act the time and place fixed for the hearing, and may direct the Registrar to include in the notification
(
a
) an indication of the nature of the information or evidence which the Court requires for the purpose of its arriving at a decision under section 95(2) of the Act and the persons who are likely to be able to provide such information or evidence, and
(
b
) notice of whether any evidence required may be given by way of affidavit.
(5) Where the Insolvency Service has sought a decision of the Court under section 95(2) of the Act in accordance with sub-rule (1) and the personal insolvency practitioner wishes to withdraw the application in accordance with section 93(3) of the Act, the personal insolvency practitioner shall notify the Insolvency Service in writing of the withdrawal, and the Insolvency Service shall, as soon as practicable following receipt of such notification, notify the Court of the withdrawal of the application.
17. (1) An application to the Court by a personal insolvency practitioner concerned under section 95(6) or section 95(7) of the Act to extend the period of the protective certificate shall be brought by notice of motion in the proceedings, setting out the reasons for the extension sought. The motion need not be supported by any affidavit, provided that the Court may require the delivery of an affidavit in any case in which it considers it just and necessary to do so.
(2) The notice of motion shall be served on the Insolvency Service.
(3) The Insolvency Service shall not be required to attend on the date first fixed for the hearing of the motion, and shall not be required to attend on any date to which such motion is adjourned, save by direction of the Court.
18. (1) Where an application is made to the Court under section 96(3) of the Act for leave, whilst a protective certificate remains in force, to commence or continue other proceedings, execution or other legal process in respect of a specified debt against the debtor or his or her property, that application shall
(
a
) in the case of an application to commence proceedings, be brought by originating notice of motion, or
(
b
) in the case of an application to continue proceedings or for execution or other legal process, be brought by notice of motion in the proceedings which it is sought to continue or in which leave for execution or other process is sought,
of the person seeking such relief, grounded on an affidavit sworn by or on behalf of that person setting out the reasons why such leave is sought.
(2) The originating notice of motion or notice of motion (and a copy of any grounding affidavit) shall be served on the debtor concerned, the personal insolvency practitioner concerned, the Insolvency Service, and any other person who the Court directs should be served, not less than 21 days before the date first fixed for the hearing of the originating notice of motion or notice of motion, unless otherwise ordered by the Court.
(3) The Insolvency Service and the personal insolvency practitioner concerned shall not be required to attend on the date first fixed for the hearing of the originating notice of motion or notice of motion, and shall not be required to attend on any date to which such motion is adjourned, save by direction of the Court.
19. (1) An application to the Court under section 97 of the Act by a creditor who is aggrieved by the issue of a protective certificate, shall be brought by notice of motion of the creditor in the proceedings on the protective certificate concerned, grounded on an affidavit sworn by or on behalf of the creditor.
(2) The notice of motion shall specify the date on which notice of the issue of the protective certificate was given to the creditor concerned and the grounds of the application.
(3) The affidavit shall set out the facts or circumstances which it is alleged establish the grounds concerned and authorise or entitle the applicant to the relief sought and set out the basis of the deponent’s belief as to the existence of those facts or circumstances.
(4) The notice of motion and a copy of the grounding affidavit shall be served on the Insolvency Service and the personal insolvency practitioner concerned, in accordance with section 97(2) of the Act, not less than 21 days before the date first fixed for the hearing of the motion.
(5) Each person served with the notice of motion and a copy of the grounding affidavit shall be at liberty to file and serve a replying affidavit setting out concisely the grounds of any opposition to the application and verifying any facts relied on in opposing the application, and a copy of such affidavit (and any exhibits thereto) shall be served upon the moving party not later than seven days before the return date of the notice of motion.
20. (1) A notice of objection to a Personal Insolvency Arrangement lodged by a creditor in accordance with section 112(3) of the Act shall be in Form No. 53 and shall
(
a
) include the record number of the proceedings;
(
b
) state when the notice under section 112(2) of the Act was sent to the creditor by the personal insolvency practitioner (if known) and when the said notice was received by the creditor;
(
c
) specify succinctly the grounds, set out in section 120 of the Act, on which objection is made to the coming into effect of the Personal Insolvency Arrangement, and
(
d
) confirm the amount of the debt due to the creditor concerned.
(2) A notification to the Court by the Insolvency Service in accordance with section 113(1) of the Act of a Personal Insolvency Arrangement which has been approved at a creditors’ meeting shall be in Form No. 54 and shall be accompanied by
(
a
) a true copy of the certificate provided for under section 112(1)(
a
) of the Act with the result of the vote taken at the creditors’ meeting, which shall be in Form No. 55,
(
b
) a true copy of the approved Personal Insolvency Arrangement with the record number of the proceedings endorsed thereon, and
(
c
) a true copy of the statement provided for under section 112(1)(
c
) of the Act, which shall be in Form No. 56.
(3) Following such notification, a certificate of the personal insolvency practitioner certifying the date or dates on which every notice to creditors under section 112(2) was sent shall be furnished by the personal insolvency practitioner to the Insolvency Service and shall promptly be lodged in Court by the Insolvency Service.
(4) On receipt of a notification in accordance with sub-rule (2), the proper officer of the Court shall enter the Personal Insolvency Arrangement and any objections thereto for initial consideration by the Court on a date which is not less than 14 days after the date of the sending by the personal insolvency practitioner of the notice referred to in section 112(2) of the Act, or the date of receipt by the Court of a copy of the Personal Insolvency Arrangement concerned, whichever appears to be later, and shall notify the Insolvency Service, the personal insolvency practitioner and any creditor who has lodged an objection to the coming into effect of the Personal Insolvency Arrangement.
(5) The provisions of these Rules which apply to the notification and consideration of a Personal Insolvency Arrangement shall apply, mutatis mutandis, to the notification and consideration of a variation of a Personal Insolvency Arrangement and any objections thereto, and with such modifications to those Rules (including modifications to the relevant Forms) as may be necessary in accordance with section 119(8) of the Act.
21. (1) On the date fixed in accordance with rule 19(4) (or on any adjournment from such date), the Court shall (if it does not hear and determine any objections on that date) give directions and make orders for the determination of any objections.
(2) Where no objection is lodged by a creditor with the Court within the time prescribed by section 112(3) of the Act, or an objection is lodged with the Court and the matter is determined by the Court on the date fixed in accordance with rule 19(4) on the basis that the objection should not be allowed, the Court
(
a
) if satisfied that the requirements specified in section 115(2)(
a
) of the Act have been satisfied, shall approve the coming into effect of the Personal Insolvency Arrangement;
(
b
) if not satisfied that the requirements specified in section 115(2)(
a
) of the Act have been satisfied, shall refuse the application to approve the coming into effect of the Personal Insolvency Arrangement, in accordance with section 115(2)(
b
) of the Act;
(
c
) may adjourn the further consideration of the Personal Insolvency Arrangement to a date fixed by the Court and direct the registrar of the Court to request the Insolvency Service to provide such further information as is specified by the Court in accordance with section 115(3)(
a
) of the Act, or
(
d
) where it requires further information or evidence in accordance with section 115(3)(
b
) of the Act for the purpose of its arriving at a decision under section 115(2) of the Act, shall direct that a hearing be held, which hearing shall be on notice to the Insolvency Service and the personal insolvency practitioner concerned in accordance with section 115(3) of the Act.
(3) Where the Court directs a hearing in accordance with section 115(3)(
b
) of the Act, the Court shall direct the registrar to include in the notification to the Insolvency Service and the personal insolvency practitioner issued under section 115(6) of the Act the time and place fixed for the hearing, and may direct the Registrar to include in the notification
(
a
) an indication of the nature of the information or evidence which the Court requires for the purpose of its arriving at a decision under section 115(2) of the Act and the persons who are likely to be able to provide such information or evidence, and
(
b
) notice of whether any evidence required may be given by way of affidavit.
22. (1) An application to the Court by a creditor or a personal insolvency practitioner for relief under section 121 of the Act shall be brought by notice of motion in the proceedings on the protective certificate concerned, grounded on an affidavit sworn by or on behalf of the moving party.
(2) The notice of motion shall specify the particular reliefs sought under section 121(3) of the Act.
(3) The affidavit shall set out the facts or circumstances which it is alleged establish that the debtor has made excessive contributions to a relevant pension arrangement, and authorise or entitle the moving party to the relief sought and set out the basis of the deponent’s belief as to the existence of those facts or circumstances.
(4) The notice of motion and a copy of the grounding affidavit shall be served on the debtor concerned, and on any other person who the Court directs should be served not less than 21 days before the date first fixed for the hearing of the originating notice of motion or notice of motion, unless otherwise ordered by the Court.
(5) The debtor concerned shall be at liberty to file and serve a replying affidavit setting out concisely the grounds of any opposition to the application and verifying any facts relied on in opposing the application, and a copy of such affidavit (and any exhibits thereto) shall be served upon the moving party and upon every other person served with notice of the application before the return date of the notice of motion.
23. (1) An application to the Court by a creditor or a personal insolvency practitioner under section 122 of the Act to have a Personal Insolvency Arrangement terminated, shall be brought by notice of motion in the proceedings on the protective certificate concerned, grounded on an affidavit sworn by or on behalf of the moving party.
(2) The notice of motion shall specify the grounds mentioned in section 122(1) of the Act on which the application is made and the particular reliefs sought under section 122(3) of the Act.
(3) The affidavit shall set out the facts or circumstances which it is alleged establish the grounds mentioned in section 122(1) of the Act concerned and authorise or entitle the moving party to the relief sought and set out the basis of the deponent’s belief as to the existence of those facts or circumstances.
(4) The notice of motion and a copy of the grounding affidavit shall be served on the debtor concerned and on any other person who the Court directs should be served not less than 21 days before the date first fixed for the hearing of the notice of motion, unless otherwise ordered by the Court.
(5) The debtor concerned shall be at liberty to file and serve a replying affidavit setting out concisely the grounds of any opposition to the application and verifying any facts relied on in opposing the application, and a copy of such affidavit (and any exhibits thereto) shall be served upon the moving party and upon every other person served with notice of the application before the return date of the notice of motion.
(6) Where the Court makes an order under section 122 of the Act terminating a Personal Insolvency Arrangement, an application for an order under section 124(1)(
b
) of the Act may be made without motion for that purpose, provided that the Court may direct that the same be heard on affidavit; in a case where a Personal Insolvency Arrangement has been deemed to have failed by virtue of section 123(1) of the Act, an application for an order under section 124(1)(
b
) of the Act shall be made by notice of motion grounded upon an affidavit. The notice of motion and a copy of the grounding affidavit shall be served on the Insolvency Service and on any other person who the Court directs should be served.
VI. Correction of Errors
24. (1) The Court may where satisfied that no prejudice would thereby be suffered by any person, of its own motion and without a hearing for that purpose
(
a
) cancel any order, notice, certificate or other document which has issued for and on behalf of the Court in error, or
(
b
) without limiting the entitlement of any party or person to make any application under Order 28, rule 11, correct any clerical mistake in any order, certificate or other document issued for and on behalf of the Court, or any error arising therein from any accidental slip or omission.
(2) Where any party may be affected thereby, the Court may cause the matter to be listed on notice to that person and, having heard that person, may
(
a
) cancel any order, notice, certificate or other document which has issued for and on behalf of the Court in error, or
(
b
) without limiting the entitlement of any party or person to apply to the Court under Order 28, rule 11, correct any clerical mistake in any order, notice, certificate or other document issued for and on behalf of the Court, or any error arising therein from any accidental slip or omission.”
Schedule 2
No. 51
O. 76A, r. 7(1)
THE HIGH COURT
PERSONAL INSOLVENCY ACT 2012
IN THE MATTER OF PART 3, *[CHAPTER 3] *[CHAPTER 4] OF THE PERSONAL INSOLVENCY ACT 2012
AND IN THE MATTER OF [..........................................................................] OF [....................................................................................................], A DEBTOR
CERTIFICATE UNDER SECTION *[61] *[95] OF THE PERSONAL INSOLVENCY ACT 2012
The Insolvency Service of Ireland, having considered the application for a protective certificate by the above named Debtor, a copy of which is furnished with this certificate, HEREBY CERTIFIES that the application is in order.
Dated this day of 20..
*Signed
*Director of the Insolvency Service of Ireland
*member of staff of the Insolvency Service of Ireland duly authorised by the Director of the Insolvency Service of Ireland
To: The Registrar,
Central Office,
Four Courts,
Dublin 7
[Note: this certificate, if furnished by electronic means to the Court, does not require to be authenticated by the signature of the person issuing it on behalf of the Insolvency Service of Ireland.]
The total liabilities of the debtor, determined on the basis of the Prescribed Financial Statement completed by the debtor concerned in respect of the application concerned, are in excess of €2,500,000.
*Delete where inapplicable
No. 52
O. 76A, r. 7(3)
[Title as in Form No. 51]
IN THE MATTER OF PART 3, CHAPTER 3 OF THE PERSONAL INSOLVENCY ACT 2012
AND IN THE MATTER OF [..........................................................................] OF [....................................................................................................], A DEBTOR
Before Mr/Ms Justice..
PROTECTIVE CERTIFICATE
(DEBT SETTLEMENT ARRANGEMENT)
The Court
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
20
th August
, 2013.
We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the
Courts of Justice Act 1936
, section 67, and reconstituted pursuant to the provisions of the
Courts of Justice Act 1953
, section 15, by virtue of the powers conferred upon us by The
Courts of Justice Act 1924
, section 36, the
Courts of Justice Act 1936
, section 68 (as applied by the
Courts (Supplemental Provisions) Act 1961
, section 48), the
Courts (Supplemental Provisions) Act 1961
, section 14, and the
Personal Insolvency Act 2012
, section 140 and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.
Dated this 23rd day of July, 2013.
Susan Denham
Donal O’Donnell
Elizabeth Dunne
John Edwards
Paul McGarry
Gerard Meehan
Stuart Gilhooly
Michael Kavanagh
Noel Rubotham
John Mahon
I concur in the making of the following Rules of Court.
Dated this 9th day of August, 2013.
ALAN SHATTER,
Minister for Justice and Equality.
S.I. No. 316 of 2013
RULES OF THE SUPERIOR COURTS (PERSONAL INSOLVENCY) 2013