The Debt Relief Orders (Designation of Competent Authorities) Regulations (Northern Ireland) 2011

Application for designation as a competent authority

3.—(1) An application by a body (“the applicant body”) for designation as a competent authority for the purposes of granting approvals under Article 208U of the Order (“the application”) shall be made to the Department in writing and contain—

(a) the applicant body’s full name;

(b) the address of its registered office or, if it has no registered office, the address of its centre of administration or principal place of business;

(c) its registered number (if any);

(d) if registered outside the United Kingdom, the state in which it is registered and the place where the register is maintained;

(e) if not registered, the nature of the applicant body;

(f) a copy of its constitution;

(g) if a charitable body, the objects or purposes of the charity (if not set out in the constitution) and—

(i) if registered as a charity, its registered number as such and (if registered outside the United Kingdom) the state in which it is registered and the place where the register is maintained, or,

(ii) if not registered as a charity, reasons why it is not so registered;

(h) a description of the applicant body’s current occupation or activities;

(i) reasons why the applicant body should be considered for designation;

(j) a copy (if any) of its most recent—

(i) audited accounts and balance sheet, and

(ii) other statutorily required report;

(k) a statement of the sources of the applicant body’s income over the past 24 months and of its assets and liabilities not earlier than 12 months before the day on which the application is made;

(l) details of the nature of the applicant body’s connection with the provision of debt management or debt counselling services to the public;

(m) details of existing or proposed education, training and development programmes which are, or which are to be, made available to individuals who are to be approved as, or who are acting as, approved intermediaries;

(n) a description and explanation of—

(i) the procedure which the applicant body proposes to adopt for the approval of individuals to act as intermediaries;

(ii) the manner in which the applicant body will ensure that individuals meet the conditions set out in these Regulations subject to compliance with which an intermediary may be approved;

(iii) any additional criteria which the applicant body proposes to adopt against which it will assess the competence of individuals to act as intermediaries;

(o) an undertaking on the part of the applicant body that—

(i) it will not grant approval to individuals to act as intermediaries except as provided in these Regulations;

(ii) it will withdraw approvals of individuals to act as intermediaries as provided in these Regulations; and

(iii) it will adopt an accessible, effective, fair and transparent procedure for dealing with complaints about its functions as a competent authority, including complaints about—

(aa) any intermediary approved by it, or

(bb) the activities of any such intermediary;

(p) details of the procedures referred to in subparagraph (o)(iii) and how and to what extent they are or will be published;

(q) a statement that such procedures will include the giving of notice to any complainant to the applicant body under subparagraph (o)(iii) that, if dissatisfied with the applicant body’s response to the complaint, the complainant may refer the complaint and the response to the Department;

(r) details of any consumer credit licence and public liability or indemnity insurance which the applicant body holds;

(s) if the applicant body holds a consumer credit licence, whether it provides cover for persons approved by it to act as, and in the course of acting as such intermediaries.

(2) The application may be accompanied by further information in support of the application; and the Department may request the applicant body to supply further information or evidence.