Personal Insolvency (Amendment) Act 2021

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Amendment of section 61 of Principal Act

10. Section 61 of the Principal Act is amended—

(a) in subsection (5), by the substitution of “subsections (6), (7) and (7A)”, for “subsections (6) and (7)”,

(b) in subsection (6), by the insertion of “or extended under subsection (7) or (7A),” after “subsection (2)(a)”,

(c) by the substitution of the following subsection for subsection (7):

“(7) Where a protective certificate has been issued pursuant to subsection (2)(a) or extended under subsection (6) or (7A), the appropriate court may, on application to that court by a personal insolvency practitioner, extend the period of the protective certificate by an additional period not exceeding 40 days where—

(a) the personal insolvency practitioner has been appointed in accordance with section 49A, 49B or 49C, and

(b) the court is satisfied that the extension is necessary to enable the personal insolvency practitioner so appointed to perform his or her functions under this Chapter.”,

(d) by the insertion of the following subsection after subsection (7):

“(7A) Where a protective certificate has been issued pursuant to subsection (2)(a), or extended under subsection (6) or (7), the appropriate court may, on application to that court by the personal insolvency practitioner, extend the period of the protective certificate by an additional period not exceeding 40 days, where the court is satisfied that, by reason of exceptional circumstances or of other factors which are substantially outside the control of the debtor and the personal insolvency practitioner, it would be just to grant the extension.”,

(e) in subsection (8), by the substitution of “this section” for “subsection (7)”,

(f) in subsection (9), by the substitution of “once only under each of subsections (7) and (7A).” for “under subsection (7) once only.”, and

(g) in subsection (13), by the substitution of “subsections (5), (6), (7) and (7A),” for “subsections (5), (6) and (7),”.