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Amendment of section 27 of Principal Act
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3. Section 27 of the Principal Act is amended by the insertion of the following subsections after subsection (2):
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“(2A) For the purposes of subsection (2), ‘meeting’ means a consultation between the approved intermediary and the debtor held in accordance with any regulations made under this section and at which—
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(a) both are present in person at the same time and in the same place, or
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(b) both are not present in person in the same place, but each is able, by means of electronic communications technology, to speak to, to see and to hear the other.
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(2B) The Insolvency Service, with the consent of the Minister, may, and if directed by the Minister to do so and in accordance with the terms of the directions, shall, make regulations in relation to the holding and conduct of meetings referred to in paragraph (a) or (b) of subsection (2A).
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(2C) Without prejudice to the generality of subsection (2B), regulations under that subsection may provide for—
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(a) the circumstances in which a meeting referred to in subsection (2A)(b) shall not be held,
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(b) the form of electronic communications technology that shall not be used in a meeting referred to in subsection (2A)(b), and
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(c) the conduct of meetings referred to in subsection (2A).
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(2D) In making regulations under this section the Insolvency Service shall have regard to:
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(a) the need to protect debtors and creditors who are or may become specified debtors or specified creditors;
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(b) the importance of—
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(i) ensuring effective access to, and participation in, meetings referred to in subsection (2A) by debtors, and
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(ii) supporting the development of a relationship of trust and mutual confidence between debtors and approved intermediaries;
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(c) the need, including having regard to the financial situation of debtors, to ensure efficiency and timeliness in the holding of meetings referred to in subsection (2A);
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(d) the differing needs of debtors (including having regard to age, health, resources, geographical location, access to private or public transport, access to and familiarity with electronic communications technology, working hours and family and other obligations, including caring obligations) in respect of their participation in a meeting referred to in subsection (2A);
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(e) the need to ensure that public confidence in the operation of the Debt Relief Notice process is maintained;
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(f) any other factor that the Insolvency Service considers relevant in ensuring the effective conduct of meetings referred to in subsection (2A).
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(2E) In this section, ‘electronic communications technology’, in relation to a meeting referred to in subsection (2A)(b), means technology that enables real time transmission and real time two-way audio-visual communication.”.
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