Court Rules of Ireland

Circuit Court Rules

Circuit Court Rules and Forms Updates

Circuit Court Rules, 2001 and Forms – Updated to 1 January 2024

Amendments on year:  2023, 2022, 2021,  2020,  2019,  2018,  2017,  2016,  2015,  2014,  2013,  2012,  2011,  2010,  2009,  2008,  2007,  2006,  2005,  2004,  2003,  2001

Note: SI nos listed here links directly to its respective page on the “Irish Statute Book”. Order and rules referenced link to its location where the changes occurred by the SI.

 Statutory Amendments 2023

SI Nos Amendments Commencement Date
526/23 Order 25: rule 1, rule 3, rule 5 3 November 2023
201/23 Order 2, para (d);
Order 6, rule 8;
Order 11, rule 15;
Order 1, rule 1(j);
Order 15, rule 3;
Order 19, rule 1(i);
Order 47B (added);
Forms (added): 55A, 55B, 55C, 55D, 55E, 55F, 55G, 55H, 55I, 55J
27 April 2023

 Statutory Amendments 2022

SI Nos Amendments Commencement Date
453/22 Order 68C (added) 16 September 2022

 Statutory Amendments 2021

SI Nos Amendments Commencement Date
499/21 Order 5D (added) 12 October 2021

 Statutory Amendments 2020

SI Nos Amendments Commencement Date
400/20 Order 59: rule 1(1) definition, rule 2, Part II (heading), rule 27A, rule 27B, rule 27C, rule 80, rule 81, rule 82;
Form 37Y (added)
9 October 2020
396/20 Order 24, rule 1 30 September 2020
292/20 Order 62, rule 5 13 August 2020
291/20 Order 64C, rule 2(1) 13 August 2020
282/20 Order 59: rule 1(1), rule 2(4), rule 6(1)(i), rule 7(4), rule 8(1)(iii), rule 21(xi), rule 31(1), rule 60, rule 65(2), rule 82, rules 8491, rule 112;
Order 59A, rule 35(1);
Form 2O
12 August 2020

 Statutory Amendments 2019

SI Nos Amendments Commencement Date
328/19 Order 23: rule 5, rule 5A, rule 6, rule 7, rule 8, rule 9 1 August 2019
222/19 Order 60 (updated);
Order 64C, rule 1(2)
19 June 2019
221/19 Order 12 (updated);
Order 67, rule 6;
Form 25
19 June 2019
215/19 Order 5A, rule 4 19 June 2019
147/19 Order 14B, rule 1 15 April 2019
22/19 Order 67, rule 10 19 February 2019
19/19 Order 4: Title, rule 1(4), rule 2 19 February 2019

 Statutory Amendments 2018

SI Nos Amendments Commencement Date
478/18 Order 14B, rule 10 14 December 2018
429/18 Order 23: rules 4-9 (added) 31 October 2018
427/18 Order 59 (revised);
Order 59A, rule 39;
Forms 2N, 37D, 37G, 37L
31 October 2018
380/18 Order 68: Title, rule 1, rule 12 17 October 2018
379/18 Interpretation of Terms, rule 2A;
Interpretation of Terms, 5(b)(iiA);
Order 41A (added);
Form 55
17 October 2018
378/18 Order 5, rule 3;
Order 15, rule 1;
Forms 5, 5A, 5B
17 October 2018
64/18 Order 65, rule 3 21 March 2018
12/18 Order 59: rule 7(2), rule 8(1)(i), rule 30(2-3) 22 January 2018
11/18 Order 5A, rule 9(5);
Order 19A, rule 7;
Order 33A (added);
Order 66, rule 1(5)
22 January 2018

 Statutory Amendments 2017

SI Nos Amendments Commencement Date
499/17 Order 5, rule 2;
Forms 2D, 2G, 2R, 54
8 December 2017
207/17 Order 59 (revised);
Order 59A, rule 10(1);
Order 59A, rule 11;
Order 59A, rule 35(1);
Order 59A, rule 39
14 June 2017
202/17 Order 35B (added) 31 May 2017
201/17 Order 5, rule 5A 31 May 2017

 Statutory Amendments 2016

SI Nos Amendments Commencement Date
433/16 Order 3, rule 1 3 October 2016
432/16 Order 61A: rule 1, rule 2(1), rule 2(2) 1 September 2016
172/16 Order 61A, rule 4;
Form 40F (added)
19 May 2016
171/16 Order 5B, Title;
Forms:- 2R, 54 (substituted)
19 May 2016
85/16 Order 58: rule 8, rule 9, rule 10, rule 11;
Forms 38A and 38B replaced by Form 38A
25 February 2016
84/16 Order 59, rule 8;
Forms:- (added) 37P, 37Q, 37R, 37S, 37T, 37U, 37V
25 February 2016
18/16 Order 59, rule 1;
Order 59A: rule 1, rule 4(2)(e), rule 4(3)(e), rule 4(7)(e), rule 4(9)(d), rule 6, rule 7(1), rule 9(1), rule 9(3);
Forms:- (deleted) 37E, 37F
18 January 2016

 Statutory Amendments 2015

SI Nos Amendments Commencement Date
618/15 Interpretation of Terms, paras 9, 25;
Order 2: paras (h), (j), (k), (l), (m);
Order 5, rule 10;
Order 14;
Order 14B, rule 12(4);
Order 61A;
Forms:- (substituted) 5A, 40A;
(added) 40E
30 December 2015
506/15 Order 73: rule 1(1) (“authorised officer”); rule 3(2)(bc); rule 5(1)(ad); rule 19(2); rule 19(5-5A); rule 28(2); rule 28(5-5A); rule 29A;
Forms:- (substituted) 52D, 52E, 52F, 52G;
(added) 52I, 52J
20 November 2015
471/15 Order 53 (revised);
Order 53A (revised);
Order 53B (added);
Forms:- (substituted) 41, 53A;
(added) 53D
9 November 2015
346/15 Order 5B: rule 1, rule 3, rule 5, rule 8(3);
Forms:- (substituted) 2R;
(added) 54
17 August 2015
142/15 Order 68, rule 3 11 May 2015

 Statutory Amendments 2014

SI Nos Amendments Commencement Date
597/14 Interpretation of Terms: 9, 22-29;
Order 2, Paras (j) & (k) [revised by SI 618/15];
Order 5, rule 10;
Order 14 (revised);
Order 14A (revised);
Order 14B: Title;
Order 61, rule 2, para (d) & (e);
Order 61A (revised)
19 December 2014
491/14 Circuit Court (Fees) (No. 2) Order;
Circuit Court Fees Schedule
30 October 2014
410/14 Order 67A, rule 9 6 October 2014
408/14 Order 59: rule 1(7), rule 2(9), rule 4(21), rule 5(13), rule 6 [revised by SI 427/18];
Order 59A, rule 21
6 October 2014
284/14 Order 53A (added);
Forms:- (added) 52H
14 July 2014
276/14 Terms of Interpretation, rule 20A;
Forms:- (substituted) 1B
7 July 2014
23/14 Circuit Court (Fees) Order [latest revision by SI 491/14] 3 February 2014

 Statutory Amendments 2013

SI Nos Amendments Commencement Date
317/13 Interpretation of Term – “The Judge”;
Order 73 (added);
Forms:- (added) 52A, 52B
9 August 2013
302/13 Order 23A (added) 26 August 2013
240/13 Circuit Court (Fees) Order 2013 [latest revision by SI 23/14] 10 July 2013
100/13 Order 67A, rule 8 8 April 2013

 Statutory Amendments 2012

SI Nos Amendments Commencement Date
489/12 Order 42 (deleted) 28 December 2012
358/12 Order 5B: rule 5(2), rule 7(1)(e), rule 7(2), rule 7(4) 15 October 2012
284/12 Order 57: rule 6(1), rule 6(7)(c)(ii) 15 August 2012
151/12 Order 57, rule 12;
Forms:- (added) 36L
6 June 2012
109/12 Circuit Court (Fees) Order 2012 [latest revision by SI 491/14] 10 April 2012

 Statutory Amendments 2011

SI Nos Amendments Commencement Date
523/11 Order 3, rule 1 14 October 2011
407/11 Circuit Court Fees Order 2011 [latest revision by SI 491/14] 22 August 2011
385/11 Order 59A (added);
Forms:- (added) 2S, 2T, 51, 51A, 51B
13 August 2011
153/11 Order 46B (added) 14 April 2011
122/11 Order 32: rule 5, rule 7  
121/11 Order 59, rule 7;
Forms:- (added) 37O
18 April 2011

 Statutory Amendments 2010

SI Nos Amendments Commencement Date
446/10 Order 63E changed to Order 57B;
Order 57B: rule 1, rule 3
10 October 2010
445/10 Order 57, rule 7(2);
Order 59, rule 5(3)
 
444/10 Order 66, rule 1(3) 10 October 2010
155/10 Interpretation of Terms: Equity Suit, Equity Proceeding;
Order 18, rule 1(1)(xxiv);
Order 43, rule 2;
Order 46 (substituted);
Order 46A (added);
Order 59, rule 4(33) [revised by SI 207/17];
Order 66, rule 27
13 May 2010
82/10 Order 68A: Title, rule 1, rule 3, rule 4, rule 5;
Forms:- (added) 47G, 47H
23 March 2010

 Statutory Amendments 2009

SI Nos Amendments Commencement Date
583/09 Interpretation of Terms: rule 5, rule 15;
Order 4: rule 1(2), rule 1(3), rule 1(4);
Order 12, rule 1;
Order 59: rule 2(2), rule 4(3)(a), rule 4(30), rule 4(32)(b) [revised by SI 427/18];
11 January 2010
539/09 Order 19A (added);
Forms:- (added) 8A, 8B
1 January 2010
486/09 Order 5C (added);
Order 15, rule 9A;
Order 66, rule 21
1 January 2010
470/09 Order 15, rule 7A;
Order 27, rule 6;
Order 64B (added);
Order 64C (added);
Forms:- (added) 5B, 50, 50A, 50B
25 December 2009
375/09 Order 14B: rule 1, rule 10, rule 11 (deleted), rule 19, rule 20 14 October 2009
264/09 Order 5B (added);
Forms:- (added) 2R
8 July 2009
251/09 Interpretation of Terms, rule 6;
Order 46, rule 1;
Order 66, rule 20;
Order 66, rule 27(13) (deleted);
Order 67, rule 8 (deleted);
Form 39
28 July 2009
235/09 Order 1: rule 1, rule 2 24 July 2009
132/09 Order 11 (substituted);
Order 24, rule 3;
Order 52: rule 3, rule 10;
Order 56: rule 1(4), rule 2(5), rule 4(4);
Order 57: rule 1(4), rule 3(4), rule 4(4), rule 5(5), rule 6(3)(f), rule 6(6)(b), rule 6(7)(b), rule 7(4), rule 8(5), rule 9(4), rule 10(4), rule 11(4);
Order 59: rule 2(6), rule 2(10), rule 3(2), rule 4(6), rule 4(7)(a), rule 4(9)(a), rule 4(31), rule 5(8) [revised by SI 427/18];
Order 68, rule 9;
Forms:- (substituted) 1B;
(added) 1C
3 April 2009
94/09 Order 33, rule 2;
Order 59, rule 4(12) [revised by SI 427/18]
16 April 2009

 Statutory Amendments 2008

SI Nos Amendments Commencement Date
585/08 Order 72B (added);
Forms:- (added) 36J
19 January 2009
358/08 Order 59: rule 4(10)(a), rule 4(11), rule 4(17)(a), rule 4(17)(b), rule 4(17)(c), rule 4(38) [revised by SI 427/18];
Forms:- (amended) 2N, 2O, 37A, 37B, 37C, 37D, 37G, 37H, 37I, 37J; (added) 37L, 37M, 37N
1 October 2008
354/08 Interpretation of Terms, rule 25;
Order 58: rule 1, rule 7, rule 12;
Order 67A
1 October 2008
353/08 Order 66, rule 1 1 October 2008
201/08 Court Fees Order 2008 [latest revision by SI 491/14] 7 July 2008
191/08 Order 18, rule 1(4) 9 July 2008
189/08 Order 33, rule 3;
Order 59, rule 4(13) [revised by SI 427/18]
9 July 2008
188/08 Order 14, rule 7;
Order 14B, rule 20;
Interpretation of Terms, rule 25
9 July 2008

 Statutory Amendments 2007

SI Nos Amendments Commencement Date
596/07 Order 68B (added);
Form 48
26 September 2007
588/07 Order 63E (added) 13 September 2007
446/07 Order 72A (added);
Forms:- (added) Form 49
6 August 2007
312/07 Interpretation of Terms, rule 9;
Order 1, rule 6;
Order 5: rule 8, rule 9;
Order 6, rule 4;
Order 11, rule 3;
Order 13: rule 1(o), rule 1(p), rule 5;
Order 14B, rule 17;
Order 18: rule 1, rule 7;
Order 26, rule 3;
Order 27: rule 1, rule 4(a);
Order 29, rule 2(c);
Order 50, rule 1(a);
Order 51: rule 3(4), rule 3(5), rule 3(7), rule 3(15);
Order 53, rule 2;
Order 56;
Order 57: rules 1-5, rule 7, rule 8;
Order 59: rule 1, rule 2(6), rule 2(10), rule 4, rule 5 [revised by SI 427/18];
Order 59;
Order 61A: rule 1, rule 2;
Order 63, rule 1;
Order 63D (deleted);
Order 69, rule 3;
Forms:- (substituted) 1A, 2L, 14A, 35A, 35B, 36A;
(added) 9A, 10A;
annexed forms inserted as respective Forms 36F, 41, 42, 43, 40B;
(deleted) 35C; Form
20 July 2007
169/07 Order 68A (added);
Forms:- (added) 47A, 47B, 47C, 47D, 47E, 47F
22 May 2007
12/07 Order 57, rule 11;
Forms:- (added) 36I
13 February 2007
11/07 Order 47A (added);
Form 45
13 February 2007
10/07 Order 72 (added);
Forms:- (added) 46
13 February 2007

 Statutory Amendments 2006

SI Nos Amendments Commencement Date
532/06 Order 57, rule 9;
Form 36G
14 November 2006
531/06 Order 57, rule 10;
Form 36H
14 November 2006
410/06 Order 51A: Title, rule 1A, rule 2(1); Forms:- 44A, 44B; Form 1 changed to Form 44C 28 August 2006
409/06 Order 4, rule 1 28 August 2006
350/06 Order 71 (added) 30 June 2006
349/06 Order 57A (added);
Forms:- (added) 36F
28 July 2006
275/06 Order 57, rule 6;
Forms:- (added) 2Q, 36E
26 June 2006
274/06 Order 3, rule 2 5 June 2006
143/06 Order 14A;
Forms:- (added) Form 5A
27 April 2006
1/06 Order 18, rule 7; Order 35A (added);
Forms:- 19A, 19B
7 February 2006

 Statutory Amendments 2005

SI Nos Amendments Commencement Date
527/05 Order 59, rule 6;
Form 37K
20 September 2005
526/05 Order 5A (added); Order 11, rule 20A – revised in SI 132/09; Order 67, rule 6;
Forms:- 2P, 6A(i), 6A(ii), 6A(iii), 6A(iv)
20 September 2005
525/05 Order 64A (added);
Order 15: rule 13, rule 20
20 September 2005
388/05 Order 57, rule 8;
Form 1 changed to Form 44C as per SI 410/06
4 August 2005
387/05 Order 57, rule 8 4 August 2005
57/05 Order 70 (added) 3 March 2005

 Statutory Amendments 2004

SI Nos Amendments Commencement Date
883/04 Order 14B 23 December 2004
882/04 Order 2A; Order 61A;
Forms:- 40A, 40B
23 December 2004
881/04 Order 14A December 2004
880/04 Order 57, rule 6 23 December 2004
879/04 Order 63D (added) 23 December 2004
721/04 Order 57, rule 7 17 December 2004
542/04 Order 5, rule 5A;
Order 15, rule 22;
Order 36, rule 11A;
Order 64, rule 4
16 September 2004
448/04 Order 69 (added) 27 July 2004
445/04 Court Fees Schedule [latest revision by SI 491/14] 1 August 2004

 Statutory Amendments 2003

SI Nos Amendments Commencement Date
615/03 Order 53 11 December 2003
88/03 Circuit Court Fees Order [latest revision by SI 491/14] 10 March 2003

 Statutory Amendments 2001

SI Nos Amendments Commencement Date
510/01 Orders 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68;
Forms:- 1A, 1b, 2A, 2B, 2C, 2D, 2E, 2F, 2G, 2H, 2I, 2J, 2K, 2L, 2M, 2N, 2O, 3, 4, 5, 6A, 6B, 6B(i), 6B(ii), 6B(iii), 6C, 7, 8, 9, 10, 11, 12, 13, 14, 15A, 15B, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32A, 32B, 33A, 33B, 33C, 33D, 34A, 34B, 35A, 35B, 35C, 36A, 36B, 36C, 36D, 37A, 37B, 37C, 37D, 37E, 37F, 37G, 37H, 37I, 37J, 38A, 38B, 38C, 38D, 39, 40
3 December 2001
486/01 Circuit Court Fees Order [latest revision by SI 491/14] 1 January 2002
252/01 Circuit Court Fees Order [latest revision by SI 491/14] 16 July 2001

Circuit Court Fees Schedule

SCHEDULE

[SI 491/14]

FEES IN CIRCUIT COURT OFFICES

PART 1

General

  Item Fee €
1 On every affidavit filed 15.00
2 On every copy of any document 15.00
3 On every search 15.00
4 On every stamping of an un-stamped document given in evidence 55.00
5 On every — 130.00
  (i) originating application to the court ex parte,  
  (ii) other application to the court not otherwise specifically provided for, or  
  (iii) originating notice of motion  
6 On every certificate not otherwise provided for 15.00
7 On a summons to tax 70.00
8 On the taxation of a bill of costs — for every full €100 in the amount (including witnesses’ and other expenses and Value Added Tax) allowed 8.00
9 On the issue of a certificate of taxation 70.00
10 On every application for an endorsement of a certificate for registration of a judgment mortgage in the Property Registration Authority 20.00

PART 2

Certain proceedings under Rules of the Circuit Court

  Item Fee €
1 On the issue of every civil bill (excluding civil bills in respect of Family Law proceedings), summons, petition or originating notice of application to the court or to the County Registrar not otherwise provided for in this Order and on every notice of appeal other than appeals from the District Court 130.00
2 On the issue of every civil bill for—  
  (i) a claim for a debt or liquidated claim not exceeding €45,000.00 on the date of issue of the civil bill, 90.00
  (ii) a claim for a debt or liquidated claim greater than €45,000.00 on the date of issue of the civil bill 130.00
3 On the filing of every Defence 15.00
4 On the filing of every counterclaim or set-off 15.00
5 On every notice of indemnity or of contribution in a civil case 15.00
6 On entry — 60.00
  (i) entry of a notice of motion, other than an originating notice of motion, or  
  (ii) ex parte application, other than an originating ex parte application  
7 On every notice of trial 120.00
8 On every witness summons 15.00
9 On every judgment by default entered in the office (including affidavit of debt, certificate of no appearance, defence and request for execution order) 120.00

PART 3

Proceedings under Licensing Acts, 1833 to 2011 and Registration of Clubs Acts, 1904 to 2008

  Item Fee €
1 On every application for a declaration under the Licensing Acts 330.00
2 On every application for a certificate consequent on a declaration under the Licensing Acts 330.00
3 On every application for a certificate (other than an application consequent on a declaration) under the Licensing Acts 330.00
4 On every application for a declaration under the Registration of Clubs Acts 330.00

Circuit Court (Fees) Order, 2014

CIRCUIT COURT (FEES) (No 2) ORDER, 2014

[SI 491/14]

(Commencement: 30 October 2014)

1. (1) This Order may be cited as the Circuit Court (Fees) (No 2) Order 2014.

(2) This Order shall come into operation on 30 October 2014.

2. There shall be charged in the offices of the Circuit Court, in respect of each item set out in column (1) of each Part of the Schedule, the fee set out in column (2) of the Part concerned opposite the mention of the item.

3. No fee shall be payable under this Order in—

(a) any family law proceedings,

(b) any matrimonial cause or matter, or

(c) proceedings brought by the Health Service Executive in any matter relating to minors.

4. (1) No fee shall be payable under this Order by or on behalf of—

(a) the Attorney General, in proceedings to which he or she is a party,

(b) the Director of Public Prosecutions, in proceedings to which he or she is a party,

(c) a member of the Garda Síochána, in proceedings for an offence brought by the member concerned,

(d) a Minister of the Government, in proceedings brought by the Minister of the Government concerned, or

(e) a probation and welfare officer, in proceedings under the Probation of Offenders Act, 1907 or the Criminal Justice (Community Service) Acts, 1983 to 2011.

(2) No fee shall be payable under this Order by, or on behalf of, any person represented in proceedings (whether civil or criminal) by—

(a) the Chief State Solicitor,

(b) the Chief Prosecution Solicitor, or

(c) a local State Solicitor acting in that capacity.

(3) No fee shall be payable under this Order in respect of a witness called to give evidence in proceedings to which this Article applies by or on behalf of a person to whom this Article applies.

5. No fee shall be payable under this Order by or on behalf of the Insolvency Service of Ireland in connection with proceedings under the Personal Insolvency Act, 2012 (No 44 of 2012).

6. The Circuit Court (Fees) Order 2014 (SI No 23 of 2014) is revoked.

[SI 491/14]

Order 73: Proceedings Under the Personal Insolvency Act 2012

ORDER 73

PROCEEDINGS UNDER THE PERSONAL INSOLVENCY ACT 2012

I. Preliminary and General

1. (1) In this Order:—

the ‘Act’ means the Personal Insolvency Act, 2012;

‘approved intermediary’ means a person authorised by the Insolvency Service under section 47 of the Act to perform the functions of an approved intermediary under Chapter 1 of Part 3 of the Act;

“authorised officer” means a person appointed by the Insolvency Service under section 176B1 of the Act;

unless the context requires otherwise, ‘creditor’ has the same meaning as in section 2(1) of the Act;

unless the context requires otherwise, ‘debtor’ has the same meaning as in section 2(1) of the Act;

each of the expressions ‘Debt Settlement Arrangement’, ‘domestic support order’, ‘electronic means’, ‘excludable debt’, ‘excluded debt’, ‘insolvency arrangement’, ‘Minister’, ‘Personal Insolvency Arrangement’, ‘personal insolvency practitioner’, ‘principal private residence’, ‘protective certificate’, ‘relative’, ‘relevant pension arrangement’, ‘secured creditor’, ‘secured debt’, ‘specified debt’, ‘spouse’, ‘unsecured creditor’ and ‘unsecured debt’ has the same meaning as in section 2(1) of the Act;

‘electronic user’ means a person, or a person within a category of persons, for the time being authorised, or as the case may be required, to deliver, file or lodge documents electronically in accordance with rule 4(1);

‘the Insolvency Service’ means the Insolvency Service of Ireland established by section 8 of the Act;

‘proper officer’ means, in the case of relevant court office specified in rule 2 which is not a combined court office, the County Registrar attached to that office, and in any other case, the combined court office manager for that office;

‘relevant court office’ means the office specified in rule 2;

‘specified creditor’ means a specified creditor referred to in section 25 of the Act;

‘specified debtor’ means a specified debtor referred to in section 25 of the Act;

‘specified qualifying debt’ shall be construed in accordance with section 32(b) of the Act;

‘supervision period’ has the same meaning as in section 25 of the Act.

(2) In the event that any conflict shall arise between the provision of any rule of this Order and any other provision of these Rules, the provision of the rule of this Order shall prevail in respect of any proceedings under the Act.

[SI 506/15; SI 317/13]

2. The office in each Circuit in which, in accordance with section 5(3) of the Act, notice of applications to the Court under the Act and in accordance with this Order is to be delivered shall be as set out in the following table:

Circuit Office
Dublin Circuit Court (Civil) Office, Dublin
Cork Circuit Court Office, Cork
Northern Combined Court Office, Monaghan
Midland Combined Court Office, Tullamore
Eastern Circuit Court Office, Trim
South Eastern Combined Court Office, Kilkenny
South Western Combined Court Office, Ennis
Western Combined Court Office, Castlebar

[SI 317/13]

3. (1) Any appeal to the Court under section 169 of the Act shall be made in accordance with Order 64C.

(2) The following applications to the Court shall be made in accordance with Order 64B

(a) any application to the Court by an inspector under—

(i) section 181(6) of the Act,

(ii) paragraph 5 of Part 1 of Schedule 2 of the Act, and

(iii) paragraph 5 of Part 2 of Schedule 2 of the Act,

(b) any application to the Court by the Insolvency Service under section 175(2) of the Act;

(c) any application to the Court by an authorised officer under section 176C(6)2 of the Act.

(3) rule 4 shall not apply to proceedings under the Act mentioned in sub-rules (1) and (2).

[SI 506/15; SI 317/13]

II. Electronic filing, issuing and delivery of documents in proceedings under the Act

4. (1) Notwithstanding any other provision of these Rules, subject to compliance by the electronic user concerned with one or more of the conditions specified in sub-rule (2), or the whole or part of any one or more of such conditions, as the proper officer may notify to him

(a) the proper officer may—

(i) authorise or require the Insolvency Service, and

(ii) authorise any personal insolvency practitioner, approved intermediary, debtor, creditor, or other party to proceedings under the Act (or any solicitor acting for any such party),

to deliver to or file or lodge with the relevant court office mentioned in rule 2 by electronic means any document which may be delivered, filed or lodged and any application which may be made to the Court in any proceedings, or category of proceedings, under the Act or this Order, or in any stage or step in such proceedings,

(b) any originating document, judgment, decree or other order or determination of the Court (including any judgment, decree or other order or determination entered in or issuing from the court office concerned) in such proceedings, or category of proceedings, which may under the Act or this Order be issued by or on behalf of the Court or the relevant court office concerned, may be issued to an electronic user by being transmitted by electronic means, and

(c) any other document or information which may in such proceedings, or category of proceedings, be transmitted under the Act or this Order to the electronic user concerned by or on behalf of the Court or court office, may be transmitted to an electronic user by electronic means.

(2) The conditions mentioned in sub-rule (1) are that the proper officer is satisfied in respect of the intending electronic user (in this sub-rule ‘the user’):

(a) that the hardware and other equipment, any data storage media and communications protocol to be employed by the user when delivering, filing, lodging or receiving documents or information by electronic means are compatible with, and otherwise suitable for use in conjunction with the corresponding equipment, media and protocols used or employed in or in respect of the court offices mentioned in rule 2;

(b) that the user will use such naming conventions, electronic mail addresses, passwords, electronic signatures, electronic seals, digital signatures, protocols, unique identification codes or references or other means of authenticating documents delivered, filed or lodged by electronic means as may be required by the proper officer to assure the security and authenticity of such documents (and the proper officer may, for that purpose, require the provision to it of the names, specimen signatures and other particulars of the individuals authorised to act on behalf of the user);

(c) that the user will use such firewall, anti-virus tool or other devices or applications, if any, as may be required by the proper officer to avoid damage to any information system used in the relevant court office;

(d) that the user will take such steps and use such practice or protocol as may be specified by the proper officer to ensure that harmful, deleterious or offensive material does not enter any information system used in the relevant court office;

(e) that the user will format and organise, and, where necessary, identify, code, index or produce in printed form documents to be delivered, filed, lodged or received by electronic means in any manner required by these Rules or by the proper officer.

(3) For the purposes of sub-rule (2), the proper officer may enter into any agreement or protocol with one or more persons (including one or more electronic users), or may publish any requirements which must be met in order to satisfy it that any condition set out in sub-rule (2) is met, or guidelines for compliance with any such conditions.

(4) Without prejudice to sub-rule (2), in accordance with section 140(2)(b) of the Act—

(a) a document transmitted by the Insolvency Service, and

(b) a certificate referred to in rule 19(3) or rule 28(3) transmitted by a personal insolvency practitioner who is an electronic user

by electronic means to an information system used in the relevant court office shall be authenticated, and the identity of the person in whose name it has issued shall be verified, by being—

(a) transmitted from an information system or e-mail address of the Insolvency Service or personal insolvency practitioner concerned, accepted for the purpose of this sub-rule by the proper officer, or

(b) transmitted to the information system used in the relevant court office using a password issued for the purpose of this sub-rule by the proper officer,

without the need for the incorporation in the document of a signature of the person in whose name it has issued.

(5) Where the proper officer determines that an electronic user is not complying with a condition (or part of any condition) specified in sub-rule (2) which he has required that user to comply with, he may, revoke or modify an authorisation or requirement referred to in sub-rule (1) in respect of that user.

(6) An electronic user shall deliver, file or lodge documents by electronic means by such one or more of the following methods as may be provided in or for the relevant court office for the purpose of:

(a) transmitting the same in the form of an electronic document or other structured electronic data (which may include any electronic attachment in portable document (pdf) format or other format specified by the proper officer) to an information system used in the relevant court office provided for that purpose, and in a manner and in such form as may be specified by the proper officer, or

(b) transmitting the same (including any electronic attachment) to such electronic mail address for the relevant court office specified in the table to rule 2 as may be specified by the proper officer (provided that nothing in this sub-rule shall invalidate the effect of any document transmitted to any other electronic mail address but actually received in the relevant court office concerned).

(7) Documents or information to be delivered by the Court to an electronic user may be:

(a) transmitted in the form of an electronic document or other structured electronic data to an information system of the user, in a manner and in such form as may be specified by the proper officer, or

(b) made available to the electronic user on an information system used in the relevant court office to which the electronic user concerned has secure access, or

(c) transmitted to the electronic mail address of that user referred to in paragraph (b) of sub-rule (2) (provided that nothing in this sub-rule shall invalidate the effect of any document transmitted to any other electronic mail address but actually received by that user).

(8) An originating document in proceedings under the Act submitted for issue by electronic means in accordance with this Order shall be issued when it has been assigned a record number. A notice of motion in proceedings under the Act submitted for issue by electronic means in accordance with this Order shall be issued when it has been assigned a return date.

(9) The documents required to be filed together with any originating document mentioned in sub-rule (8) shall be transmitted by electronic means as a set of files, in portable document (pdf) format or other format specified by the proper officer.

(10) Where a statutory declaration or affidavit is submitted for filing by electronic means in accordance with this Order, unless otherwise permitted by the officer having charge of the relevant court office, the statutory declaration or affidavit and all exhibits thereto, in appropriate sequence, shall be transmitted in portable document (pdf) format or other format specified by the proper officer.

(11) Where an originating document or a notice of motion is issued in accordance with the preceding provisions of this rule,

(a) a print or copy of the originating document or notice of motion as transmitted for issue shall, when issued, be treated, in accordance with section 140(3) of the Act, as the original of that document, and

(b) the proper officer of the relevant court office may certify any printed version of such document as a certified copy of the original.

(12) Where a statutory declaration or affidavit is filed by delivery by electronic means in accordance with the preceding provisions of this rule, the statutory declaration or affidavit bearing the original manuscript signature of the deponent shall be retained for a period of seven years from the date of swearing thereof by the person who has filed the same by electronic means, subject to any order or direction of the Court.

(13) Any order, notice or protective certificate made or issued by the Court in proceedings under the Act shall be authenticated by the incorporation therein of the record number of the proceedings concerned.

(14) Where:

(a) a party to proceedings under the Act who wishes to deliver, file or lodge a document to which this Order relates is not an electronic user, or

(b) a party to proceedings under the Act wishes to deliver, file or lodge a document to which this Order relates as part of a stage or step in the proceedings for which that party is not an electronic user, or

(c) for any reason any arrangement for the transmission of documents or information between the relevant court office and an electronic user by electronic means has not been provided or is for the time being unavailable or ineffective,

documents to which this Order applies may be delivered, filed or lodged by delivering to, or filing or lodging with the relevant court office a print of the document concerned (which, in the case of a document which requires to be signed, shall bear an original manuscript signature) together with a copy thereof in accordance with, and by any means permitted by the provisions of these Rules other than this Order.

[SI 317/13]

III. Case management of applications under Part 3 of the Act

5. (1) On:

(a) the return date of a notice of motion issued under 13 inclusive, 16 to 18 inclusive, 21 or 22, 25 to 27 inclusive, 30 or 31, 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 19, 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 28, or

(d) the date on which a hearing for the purposes of section 115A(9)3 of the Act has been listed for initial consideration by the Court in accordance with rule 29A,

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.

[SI 506/15; SI 317/13]

IV. Debt Relief Notices

6. (1) The Insolvency Service may seek a decision of the Court under section 31(2) of the Act by submitting to the relevant court office:

(i) the application for a Debt Relief Notice under section 29 of the Act on behalf of the debtor concerned;

(ii) the certificate of the Insolvency Service (in Form 52A in the Schedule of Forms) to the effect that the relevant application under section 29 of the Act is in order, and

(iii) the supporting documentation for the application under section 29 of the Act (other than the documents referred to in section 29(2)(e) and (f) 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 Debt Relief Notice in respect of the debtor concerned. All further applications under the Act concerning the Debt Relief Notice 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 for a decision mentioned in sub-rule (1), the Insolvency Service, the approved intermediary concerned and the debtor concerned shall not be required to attend and the Court, having considered the application, may:

(a) if satisfied that the criteria specified in section 26(2) of the Act have been satisfied, issue a Debt Relief Notice, in Form 52B in the Schedule of Forms, in accordance with section 31(2)(a) of the Act;

(b) if not satisfied that the criteria specified in section 26(2) of the Act have been satisfied, refuse the application to issue a Debt Relief Notice, in accordance with section 31(2)(b) of the Act;

(c) adjourn the application and direct the registrar 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 31(2) of the Act, direct that a hearing be held, which hearing shall be on notice to the Insolvency Service and the approved intermediary concerned in accordance with section 31(3) of the Act.

(4) Where the Court directs a hearing in accordance with section 31(3) of the Act, the Court shall direct the registrar of the Court to include in the notification to the Insolvency Service issued under section 31(5) 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 31(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 the Court requires shall be given by way of affidavit.

(5) Where the Insolvency Service has sought a decision of the Court under section 31(2) of the Act in accordance with sub-rule (1) and the authorised intermediary wishes to withdraw the application in accordance with section 29(5) of the Act, the authorised intermediary 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.

[SI 317/13]

7. An application to the Court by the Insolvency Service under section 34(2) of the Act to extend the supervision period shall be made by motion ex parte of the Insolvency Service in the proceedings, identifying the reasons (as set out in that sub-section) for the extension sought and attaching (by electronic means where authorised or required) copies of any documents relied on. 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.

[SI 317/13]

8. (1) An application under section 35(3) of the Act for leave, during the supervision period concerned, to commence or continue other proceedings, execution or other legal process in respect of a specified qualifying debt against the specified debtor or his or her property, shall—

(a) in the case of proceedings sought to be commenced or continued other than before a judge of the Court for the Circuit referred to in section 5(2) of the Act, be brought by originating notice of motion,

(b) in the case proceedings sought to be commenced before a judge of the Court for the Circuit referred to in section 5(2) of the Act, be brought by originating notice of motion, and

(c) in the case of proceedings which it is sought to continue before the judge referred to at paragraph (b), be brought by notice of motion,

of the person seeking such relief to the Court in accordance with section 5(3) of the Act and rule 2, 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 approved intermediary 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 approved intermediary 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.

[SI 317/13]

9. (1) An application to the Court by the Insolvency Service under section 39(1) of the Act to amend a Debt Relief Notice shall be brought by motion on notice in the proceedings, identifying the amendment sought and the ambiguity, error or omission sought to be addressed and attaching (by electronic means where authorised or required) copies of any documents relied on.

(2) The notice of motion and a copy of any grounding affidavit shall be served on the specified debtor and each specified creditor concerned not less than 21 days before the date first fixed for the hearing of the motion.

[SI 317/13]

10. (1) An application to the Court by the Insolvency Service under section 41 of the Act for directions in relation to a matter arising in connection with a Debt Relief Notice shall be brought by notice of motion of the Insolvency Service in the proceedings, grounded on an affidavit sworn by a person duly authorised in that behalf by the Insolvency Service.

(2) The notice of motion shall specify the particular directions and other reliefs, if any, sought under section 41(3) of the Act.

(3) The affidavit shall:

(a) where relevant to the directions and reliefs sought, include evidence of any alleged non-compliance by the specified debtor concerned with an obligation under section 36 of the Act, and

(b) set out the facts or circumstances which it is alleged justify the giving of any particular directions 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 specified debtor concerned in accordance with section 41(2) of the Act not less than 21 days before the date first fixed for the hearing of the motion.

(5) The specified 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 Insolvency Service not later than seven days before the return date of the notice of motion.

[SI 317/13]

11. (1) An application to the Court by a specified debtor or a specified creditor under section 42 of the Act shall be brought by notice of motion in the proceedings, grounded on an affidavit sworn by or on behalf of that person.

(2) The notice of motion shall specify the particular reliefs sought under section 42 of the Act.

(3) The affidavit shall set out particulars of any act, omission or decision of the Insolvency Service which is the subject of the application, the facts or circumstances which it is alleged 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 each of the persons mentioned in section 42(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 not later than seven days before the return date of the notice of motion.

[SI 317/13]

12. (1) An application to the Court by a specified creditor under section 43 of the Act shall be brought by notice of motion of the specified creditor in the proceedings, grounded on an affidavit sworn by or on behalf of the specified creditor.

(2) The notice of motion shall specify the grounds of objection mentioned in section 43(3) of the Act and the particular reliefs sought under section 43(5) of the Act.

(3) The affidavit shall set out the facts or circumstances which it is alleged establish the grounds of objection 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 specified debtor concerned 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 not later than seven days before the return date of the notice of motion.

[SI 317/13]

13. (1) An application to the Court by the Insolvency Service under section 44 of the Act to have a Debt Relief Notice terminated, shall be brought by notice of motion of the Insolvency Service in the proceedings, grounded on an affidavit sworn by a person duly authorised in that behalf by the Insolvency Service.

(2) The notice of motion shall specify the grounds mentioned in section 44(3) of the Act on which the application is made and the particular reliefs sought under section 44(4) of the Act.

(3) The affidavit shall set out the facts or circumstances which it is alleged establish the grounds mentioned in section 44(3) of the Act concerned and authorise or entitle the Insolvency Service 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 specified debtor concerned and on each specified creditor concerned not less than 21 days before the date first fixed for the hearing of the motion, unless otherwise ordered by the Court.

(5) The specified 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 Insolvency Service and upon every other person served with notice of the application not later than seven days before the return date of the notice of motion.

(6) Each specified creditor served with notice of the application shall be at liberty to file and serve an affidavit setting out concisely the grounds of its support or opposition, as the case may be, to the application and verifying any facts relied on, and a copy of such affidavit (and any exhibits thereto) shall be served upon every other person served with notice of the application not later than seven days before the return date of the notice of motion.

[SI 317/13]

V. Debt Settlement Arrangements

14. (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.

[SI 317/13]

15. (1) The Insolvency Service may seek a decision of the Court under section 61(2) of the Act by submitting to the relevant court 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 52A in the Schedule of Forms) 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 52C in the Schedule of Forms, 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 application and direct the registrar 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 of the Court to include in the notification to the Insolvency Service and the personal insolvency practitioner concerned issued under section 61(10) of the Act the time and place fixed for the hearing, and may direct the registrar of the Court 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 the Court requires shall 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.

[SI 317/13]

16. (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.

[SI 317/13]

17. (1) Notwithstanding rule 2, an application 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, shall:

(a) in the case of an application to commence proceedings, be brought in the County in which the proceedings in respect of the specified debt require to 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 in the County in which the proceedings sought to be continued (or arising from which execution or other legal process is sought) were brought, and be made by notice of motion in the proceedings in 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.

[SI 317/13]

18. (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, 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 not later than seven days before the return date of the notice of motion.

[SI 317/13]

19. (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 52D in the Schedule of Forms 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)4 of the Act of a Debt Settlement Arrangement which has been approved or is deemed to have been approved at a creditors’ meeting or, where only one creditor would be entitled to vote at a creditors’ meeting, has been approved or is deemed to have been approved by that creditor in accordance with section 74A5 of the Act, shall be in Form 52E in the Schedule of Forms and shall be accompanied by:

(a) a true copy of the certificate provided for under section 75(1)(a)6 or, as the case may be, section 75(1A)(a)7, of the Act, which shall be in Form 52F in the Schedule of Forms,

(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)8 or, as the case may be, section 75(1A)(c)9, of the Act, which shall be in Form 52G in the Schedule of Forms.

(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) of the Act 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 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 the 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(9)10 of the Act.

(5A) The Debt Settlement Arrangement as varied, required to be lodged with the Court in accordance with section 76(1)11 of the Act as applied by section 82(9)12 of the Act, shall clearly identify, by annotation, underlining, bracketing or striking through of the relevant text, or by other means as appropriate, the variations effected to the original Debt Settlement Arrangement.

[SI 506/15; SI 317/13]

20. (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 in accordance with rule 5.

(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 19(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 of the Court 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 the Court requires shall be given by way of affidavit.

[SI 317/13]

21. (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 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.

[SI 317/13]

22. (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, 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.

[SI 317/13]

VI. Personal Insolvency Arrangements

23. (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.

[SI 317/13]

24. (1) The Insolvency Service may seek a decision of the Court under section 95(2) of the Act by submitting to the relevant court 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 52A in the Schedule of Forms) 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, which shall be in Form 52H in the Schedule of Forms, 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 application and direct the registrar 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 of the Court 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 the Court requires shall 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.

[SI 317/13]

25. (1) An application to the Court by the 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.

[SI 317/13]

26. (1) Notwithstanding rule 2, an application 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, shall—

(a) in the case of an application to commence proceedings, be brought in the County in which the proceedings in respect of the specified debt require to 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 in the County in which the proceedings sought to be continued (or arising from which execution or other legal process is sought) were brought, and be made 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.

[SI 317/13]

27. (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, 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 relevant 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.

[SI 317/13]

28. (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 52D in the Schedule of Forms 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)13 of the Act of a Personal Insolvency Arrangement which has been approved or is deemed to have been approved at a creditors’ meeting, or where only one creditor would be entitled to vote at a creditors’ meeting, has been approved or is deemed to have been approved by that creditor in accordance with section 111A14 of the Act, shall be in Form 52E in the Schedule of Forms and shall be accompanied by:

(a) a true copy of the certificate provided for under section 112(1)(a)15 or, as the case may be, section 112(1A)(a)16, of the Act, which shall be in Form 52F in the Schedule of Forms,

(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)17 or, as the case may be, section 112(1A)(c)18, of the Act, which shall be in Form 52G in the Schedule of Forms.

(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 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(9)19 of the Act.

(5A) The Personal Insolvency Arrangement as varied, required to be lodged with the Court in accordance with section 113(1)20 of the Act as applied by section 119(9)21 of the Act, shall clearly identify, by annotation, underlining, bracketing or striking through of the relevant text, or by other means as appropriate, the variations effected to the original Personal Insolvency Arrangement.

[SI 506/15; SI 317/13]

29. (1) On the date fixed in accordance with rule 28(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 in accordance with rule 5.

(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 28(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 of the Court 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 the Court requires shall be given by way of affidavit.

[SI 317/13]

29A. (1) An application by a personal insolvency practitioner on behalf of a debtor under section 115A22 of the Act for an order under section 115A(9) of the Act shall be brought by notice of motion (which shall include the notice required by section 115A(3) of the Act), in Form 52I in the Schedule of Forms, signed by the personal insolvency practitioner concerned, which shall:

(a) bear the record number of the proceedings on the application for a protective certificate under section 93 of the Act on behalf of the debtor concerned;

(b) include a statement of the grounds of the application, referred to in paragraph (a) of section 115A(2) of the Act;

(c) include the statement referred to in paragraph (e) of section 115A(2) of the Act;

(d) have appended a copy of the written instruction of the debtor to the personal insolvency practitioner to make the application, and

(e) have appended the documents referred to in paragraphs (b), (c) and (d) of section 115A(2) of the Act.

(2) The certificate as to the matters referred to in paragraph (d) of section 115A(2) of the Act shall be in Form 52J in the Schedule of Forms.

(3) On receipt of a notice of motion and appended documents in accordance with sub-rule (1), the proper officer shall issue the notice of motion and enter the notice of motion and any objections thereto for initial consideration by the Court on the earliest practicable date which is not less than 21 days after the date of issue of the notice of motion.

(4) The personal insolvency practitioner shall, not later than four days after the notice of motion referred to in sub-rule (1) has issued, send a copy of same to the Insolvency Service, to the debtor and to each creditor concerned.

(5) On the date first fixed for a hearing for the purposes of section 115A(9) of the Act (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 in accordance with rule 5.

(6) The provisions of these Rules which apply to:

(a) the notification and consideration of a Personal Insolvency Arrangement, and

(b) an application for an order under section 115A(9) of the Act in relation to a proposed Personal Insolvency Arrangement;

shall apply, mutatis mutandis, to an application under section 119A23 of the Act for an order confirming the coming into effect of the Personal Insolvency Arrangement as varied in accordance with the proposal under section 119A of the Act, 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 119A(6) and 119A(14) of the Act.

(7) The proper officer shall notify the Insolvency Service and the personal insolvency practitioner concerned where the court makes or refuses to make an order under either section 115A(9) or section 119A of the Act, by ordinary prepaid post or by such other means as the proper officer considers sufficient.

[SI 506/15]

30. (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, 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 return date of the notice of motion, unless otherwise directed 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.

[SI 317/13]

31. (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, 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 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 date first fixed for the hearing of the motion 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 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.

[SI 317/13]

VII. Correction of Errors

32. (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 apply to the Court under Order 65, rule 3, 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.

(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 65, rule 3, 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.

[SI 317/13]

____________________

1 Inserted by section 24 of the Personal Insolvency (Amendment) Act 2015.

2 Inserted by section 24 of the Personal Insolvency (Amendment) Act 2015.

3 Inserted by section 21 of the Personal Insolvency (Amendment) Act 2015.

4 As substituted by section 72 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013.

5 Inserted by section 7 of the Personal Insolvency (Amendment) Act 2015.

6 Substituted by section 71 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013.

7 Inserted by section 8 of the Personal Insolvency (Amendment) Act 2015.

8 Substituted by section 71 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013.

9 Inserted by section 8 of the Personal Insolvency (Amendment) Act 2015.

10 As amended by section 11 of the Personal Insolvency (Amendment) Act 2015.

11 As substituted by section 72 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013.

12 As amended by section 11 of the Personal Insolvency (Amendment) Act 2015.

13 As substituted by section 86 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 and amended by section 19 of the Personal Insolvency (Amendment) Act 2015.

14 Inserted by section 17 of the Personal Insolvency (Amendment) Act 2015.

15 As amended by section 85 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 and substituted by section 18 of the Personal Insolvency (Amendment) Act 2015.

16 Inserted by section 18 of the Personal Insolvency (Amendment) Act 2015.

17 As amended by section 85 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 and substituted by section 18 of the Personal Insolvency (Amendment) Act 2015.

18 Inserted by section 18 of the Personal Insolvency (Amendment) Act 2015.

19 As substituted by section 22 of the Personal Insolvency (Amendment) Act 2015.

20 As substituted by section 86 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 and amended by section 19 of the Personal Insolvency (Amendment) Act 2015.

21 As substituted by section 89 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 and substituted by section 22 of the Personal Insolvency (Amendment) Act 2015.

22 Inserted by section 21 of the Personal Insolvency (Amendment) Act 2015.

23 Inserted by section 22 of the Personal Insolvency (Amendment) Act 2015.

Order 72B: Consumer Protection Act, 2007

ORDER 72B

CONSUMER PROTECTION ACT, 2007

1. In this rule —

‘the Act’ means the Consumer Protection Act, 2007 (No 19 of 2007);

‘Agency’ means the National Consumer Agency established by section 7 of the Act, and includes, where any function referred to in section 5A(3B) of the Central Bank Act, 1942 is exercised, or the context otherwise so admits or requires, the Central Bank and Financial Services Authority of Ireland;

‘code of practice’, ‘commercial practice’, ‘consumer’, ‘consumer transaction’, ‘product’ and

‘trader’ each has the meaning assigned to it by section 2 of the Act;

‘code owner’ has the meaning assigned to it by section 72 of the Act, and ‘prohibited act or practice’ has the meaning assigned to it by section 67 of the Act.

[SI 585/08]

2. (1) In accordance with section 71(8) of the Act, applications to the court under section 71 of the Act shall be brought in the county in which it is alleged the prohibited act or practice is being committed or engaged in.

(2) Applications under section 71(2) of the Act shall be made by way of originating motion of notice in which the trader or person against whom relief is sought shall be named as a respondent. The originating notice of motion shall be grounded upon an affidavit sworn by the applicant (or, where the applicant is the Agency or another public body that is prescribed for the purposes of section 71(2) of the Act, by an appropriate and duly authorised officer of the Agency or public body), which said affidavit shall:

(i) specify, where necessary, that the public body is prescribed for the purposes of section 71(2) of the Act, and the statutory instrument by virtue of which it has been so prescribed;

(ii) contain the name, address and description of the trader or person alleged to be committing or engaging in a prohibited act or practice and against whom relief is sought in the application;

(iii) identify each prohibited act or practice alleged;

(iv) set out the nature and extent of each prohibited act or practice alleged;

(v) identify with sufficient particularity the place or places at which the trader or person identified is alleged to be committing or engaging in a prohibited act or practice;

(vi) identify the public interest (if any) which the applicant alleges is affected;

(vii) identify any terms or conditions which the applicant intends to request that the court impose under section 71(7) of the Act and the basis upon which such terms or conditions are claimed to be appropriate;

(viii) provide evidence or an estimate of the cost of complying with the order for which application is made.

(3) Every application under section 71(2) of the Act shall, in accordance with section 71(3) of the Act, be on notice to —

(a) the trader or person against whom an order is sought, and

(b) the Agency, if the applicant is not the Agency, and the applicant shall serve a copy of the notice of motion and grounding affidavit and any exhibit thereto on those parties not later than 21 days prior to the return date specified in the originating notice of motion.

(4) Any party or person served with a copy of the notice of motion and grounding affidavit pursuant to sub-rule (3) may file a replying affidavit prior to the return date and where this is done, that party or person shall serve a copy on the applicant and on each other person or party served.

[SI 585/08]

3. (1) In accordance with section 71(8) (as applied by section 72(6)) of the Act, applications to the court under section 72 of the Act shall be brought in the county in which it is alleged the code owner is promoting the prohibited act or practice concerned or in which the code owner resides or carries on any business or profession.

(2) Applications by the Agency under section 72(2) of the Act shall be made by way of originating motion of notice grounded upon an affidavit sworn by an appropriate and duly authorised officer of the Agency which said affidavit shall:

(i) contain the name, address and description of the code owner against whom relief is sought in the application;

(ii) identify each prohibited act or practice which it alleged the code owner promotes;

(iii) set out the nature and extent of the prohibited act or practice alleged to be promoted by the code of practice concerned or its code owner;

(iv) identify with sufficient particularity the place or places at which, and the manner in which, it is alleged that the prohibited act or practice is being promoted;

(v) identify the public interest (if any) which the applicant alleges is affected;

(vi) provide evidence or an estimate of the cost of complying with the order applied for.

(3) Applications under section 72(2) of the Act shall, in accordance with section 72(3) of the Act, be on notice to the code owner and the applicant shall serve a copy of the notice of motion, grounding affidavit and any exhibits thereto on the code owner not later than 21 days prior to the return date specified in the originating notice of motion.

(4) The code owner may file a replying affidavit prior to the return date and where this is done, the code owner shall serve a copy on the Agency.

[SI 585/08]

4. (1) Save where the court otherwise directs, any evidence in proceedings to which rule 2 or rule 3 relates shall be given on affidavit.

(2) On the return date of an originating notice of motion under rule 2 or rule 3 (or on any adjournment from such date), the court shall give directions and make orders for the conduct of the proceedings as appear convenient for the determination of the proceedings in a manner which is just, expeditious and likely to minimise the costs of those proceedings which, where appropriate, may include:

(a) directions as to the service of notice of the application 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 of the notice of motion, or further hearing of such application, to a date specified);

(b) directions as to the filing and delivery of any further affidavits by any party or parties;

(c) a direction that the application be determined by way of plenary hearing, where it appears to the court that the subject matter of the application 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).

[SI 585/08]

5. (1) Any action by a consumer for damages under section 74 of the Act shall be commenced by the issue and service of an ordinary civil bill, entitled in the matter of section 74 of the Act and otherwise in the Form 2A of the Schedule of Forms with such modifications as may be appropriate.

(2) Any consent under section 74(4) of the Act shall be in the Form 1A of the Schedule of Forms but, instead of reciting that it is pursuant to section 22(1)(b) of the Courts (Supplemental Provisions) Act, 1961, shall recite that it is given pursuant to section 74(4) of the Act, and shall be lodged with the County Registrar either before or at any time during the hearing.

[SI 585/08]

6. (1) An application by the Agency to the court for an order under section 81(1) of the Act shall be made to the trial judge immediately upon, or as soon as may be following, conviction. The trial judge may adjourn the application and may direct the filing of any affidavit or may, where it is necessary or desirable in the interests of justice, direct that the application be determined on oral evidence (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 Agency and the person convicted).

(2) Judgment shall be entered in a case to which section 81(6) applies by the aggrieved consumer filing in the office for the county concerned a certified copy of the compensation order together with an affidavit sworn by or on behalf of the aggrieved consumer verifying the conviction and that the compensation order has not been complied with.

[SI 585/08]

7. (1) Applications under section 9 of the Terms of Employment (Information) Act, 1994, as applied and modified by section 87 and Schedule 6 of the Act shall be made in the county in which the respondent employer ordinarily resides or carries on any profession, trade or business.

(2) The application shall be made by way of originating notice of motion which shall indicate whether or not an appeal has been brought from the Employment Appeals Tribunal’s determination. If no such appeal has been brought, the notice shall indicate that the time for appeal has elapsed, or, if an appeal has been brought, the notice shall indicate the date upon which notice of appeal was given and evidence of abandonment thereof. Such application shall be in accordance with Form 36J of the Schedule of Forms. The originating notice of motion shall be dated, and bear the name, address and description of the plaintiff and shall be signed by his solicitor, if any, or, if none, by himself.

(3) There shall be filed with the originating notice of motion the original letter or notice from the Tribunal communicating its determination or a certified copy thereof.

(4) The originating notice of motion shall be served on the respondent not later than 14 days before the date of the sitting for which the application is returnable in accordance with the provisions as to service of civil bills.

(5) Notice of every application shall be given to the Tribunal, by the delivery of a copy of the originating notice of motion at, or by sending same by prepaid registered post to, the Office of the Secretary of the Tribunal.

(6) Upon the application on notice of any party the Judge may order any other party to deliver full and better particulars of any matters stated in the application, or to deliver copies of any documents referred to therein.

(7) Save by special leave of the court, or save as otherwise provided for by the Act, all applications under the Act shall be heard upon oral evidence.

(8) The court may make such order as to costs as may be appropriate, including an order measuring the costs.

[SI 585/08]

Order 72A: Applications under the Health (Repayment Scheme) Act, 2006

ORDER 72A

APPLICATIONS UNDER THE HEALTH (REPAYMENT SCHEME) ACT, 2006

1. In this Order —

‘the Act’ means the Health (Repayment Scheme) Act, 2006 (No 17 of 2006);

‘account holder’, ‘connected person’, ‘Executive’, ‘prescribed repayment’ and ‘relevant person’ each has the same meaning as in the Act.

[SI 446/07]

2. The notice to be published in accordance with section 9(4)(b) of the Act shall be in Form 49 of the Schedule of Forms. Where more than one application made by the Executive under section 9(2)(c) of the Act is returnable before the court for the same day, the notices for the applications concerned may be included together in the same form.

[SI 446/07]

3. An application to the court by the Executive for directions under section 9(2)(c) of the Act shall be commenced by the issue of an originating notice of motion entitled in the matter of an application under section 9(2)(c) of the Act by the Executive and in the matter of certain account holders resident in the hospital or other institution concerned. The originating notice of motion shall be signed by or on behalf of the Executive and shall state the Sitting of the court at which the application is to be made.

[SI 446/07]

4. Where an originating notice of motion is issued under rule 3, the Executive shall lodge with the County Registrar not later than 21 days before the return date of the originating notice of motion a statement signed by a person authorised in that behalf by the Executive setting out separately in respect of each of the account holders residing in the hospital or other institution concerned to whom the application relates the following information —

(i) particulars of the account holder;

(ii) the circumstances and needs of that account holder which would be relevant for the purposes of the application under section 9(2)(c), and

(iii) the proposals of the Executive as to the use of the excess money (referred to in section 9(2)(c) of the Act) for the benefit of that account holder.

[SI 446/07]

5. The obligation of the Executive to give notice in writing under section 9(4)(a) of the Act to the account holders to whom the application relates of its intention to make an application shall be satisfied by delivering not later than 21 days before the return date of the originating notice of motion to each account holder concerned a copy of the originating notice of motion and a copy of that portion of the statement referred to in rule 4 containing the information referred to in rule 4 concerning that account holder.

[SI 446/07]

6. The Executive shall file in the Circuit Court office not later than four days before the return date of the originating notice of motion an affidavit or affidavits proving that notice in writing of its intention to make the application was given to the account holders to whom the application relates in accordance with section 9(4)(a) of the Act, vouching the placing of the notice in accordance with section 9(4)(b) of the Act and verifying the statement lodged in accordance with rule 4.

[SI 446/07]

7. On the return date of the originating notice of motion issued under rule 3, the court may, in addition to any other order it may make or direction it may give —

(a) hear and determine an application by any interested person to be heard on the application so far as it affects a specified account holder, and direct or permit any such person to file an affidavit in answer to the application and to deliver a copy of that affidavit to the Executive;

(b) direct that a copy of that portion of the statement lodged in accordance with rule 4 relating to a specified account holder or specified account holders be given to a person identified in such direction;

(c) request the Executive to provide such information as is in its possession or procurement, or make inquiries and report to the court on, the identity of the next of kin of any account holder concerned.

[SI 446/07]

8. An application to the court under section 9(6) of the Act by the Executive or another interested person for directions under section 9(7) of the Act shall be commenced by the issue of an originating notice of motion.

[SI 446/07]

9. (1) In the case of an application under section 9(6) of the Act in respect of an account holder to whom section 9(3)(a) of the Act applies, the Executive or other interested person shall be the applicant and the account holder concerned shall be respondent. Where the applicant is not the connected person referred to in section 9(3)(a) who has made the application for a prescribed repayment on behalf of the relevant person concerned, that connected person shall also be a notice party.

(2) In the case of an application under section 9(6) of the Act in respect of an account holder to whom section 9(3)(b) of the Act applies, where the application is made by an interested person other than the Executive, the interested person shall be the applicant and the Executive shall be a notice party.

(3) In the case of an application under section 9(6) of the Act in respect of an account holder to whom section 9(3)(b) of the Act applies, where the application is made by the Executive, the originating notice of motion shall not name any respondent and shall be entitled in the matter of an application under section 9(6) of the Act by the Executive.

[SI 446/07]

10. The originating notice of motion issued under rule 8 shall be signed by or on behalf of the applicant and shall state the Sitting of the court at which the application is to be made. The originating notice of motion shall be supported by a grounding affidavit setting out the facts relied upon in the application. In the case of an application in respect of an account holder to whom section 9(3)(b) of the Act applies, a copy of the certificate referred to in section 9(3)(b) of the Act shall be exhibited to such affidavit.

[SI 446/07]

11. A copy of the originating notice of motion issued under rule 8 and a copy of the grounding affidavit and any exhibits thereto shall be served upon the respondent (if any) and notice party (if any) no later than 21 days prior to the return date specified in the originating notice of motion by any of the modes by which civil bills may be served.

[SI 446/07]

12. The respondent (if any) and notice party (if any) may deliver a replying affidavit not later than seven days before the return date of the originating notice of motion, or within such further time as may be agreed by the parties unless the court shall otherwise direct.

[SI 446/07]

13. On the return date of the originating notice of motion issued under rule 8 or any adjournment thereof, the court may, in addition to any other order it may make or direction it may give, order that any person (including the Executive) whom the court considers should be on notice of the application be made a notice party to the application, direct that copies of the originating notice of motion and grounding affidavit and exhibits be served upon such notice party and make orders for the delivery of any affidavit by such notice party.

[SI 446/07]

14. Save where the court otherwise permits, all applications under section 9(2)(c) or section 9(6) of the Act shall be heard upon affidavit evidence.

[SI 446/07]

15. (1) Subject to sub-rule (2), the court may make such order as to costs on any application as may be appropriate, including an order measuring the costs.

(2) In any application under this Order made by the Executive or to which the Executive has been made a notice party in accordance with this Order, the Executive shall bear its own costs.

[SI 446/07]