C5C6C7Part XIII Insolvency Practitioners and their Qualification
Pt. 13 (ss. 388-398) applied (with modifications) (1.2.1993) by Friendly Societies Act 1992 (c. 40), ss. 21(1), 22, 23, Sch. 10 Pt. I para. 1(a) (with ss. 7(5), 93(4)); S.I. 1993/16, art. 2, Sch. 3
Pt. 13 (ss. 388-398) applied (1.12.1994) by S.I. 1994/2421, arts. 4(3)(d), 6(3)(d)
Pt. 13 (ss. 388-398) applied (with modifications) (1.12.1994) by S.I. 1994/2421, arts. 8(4)(5)(8)(9), 10(2)(3)(6), Sch. 4 Pt. II, Sch. 7
Pt. 13 applied (with modifications) (5.10.2004) by Energy Act 2004 (c. 20), ss. 171(3), 198; S.I. 2004/2575, art. 2(1), Sch. 1
Third Group of Parts (Pts. 12-19) applied to limited liability partnerships (with modifications) (E.W.S.) (6.4.2001) by S.I. 2001/1090, reg. 5, Schs. 3, 4 (as amended (4.3.2004) by S.I. 2004/355, art. 10 and (1.10.2005) by S.I. 2005/1989, reg. 3, Sch. 2 (with reg. 4))
The requisite qualification, and the means of obtaining it
C1C2C3390 Persons not qualified to act as insolvency practitioners.
1
A person who is not an individual is not qualified to act as an insolvency practitioner.
C42
A person is not qualified to act as an insolvency practitioner at any time unless at that time—
a
he is authorised so to act by virtue of membership of a professional body recognised under section 391 below, being permitted so to act by or under the rules of that body, or
b
he holds an authorisation granted by a competent authority under section 393F1; or
c
he holds an authorisation granted by the Department of Enterprise, Trade and Investment for Northern Ireland under Article 352 of the Insolvency (Northern Ireland) Order 1989.
C43
A person is not qualified to act as an insolvency practitioner in relation to another person at any time unless—
a
there is in force at that time security or, in Scotland, caution for the proper performance of his functions, and
b
that security or caution meets the prescribed requirements with respect to his so acting in relation to that other person.
4
A person is not qualified to act as an insolvency practitioner at any time if at that time—
a
he has been adjudged bankrupt or sequestration of his estate has been awarded and (in either case) he has not been discharged,
F2aa
a moratorium period under a debt relief order applies in relation of him,
F3b
he is subject to a disqualification order made or a disqualification undertaking accepted under the Company Directors Disqualification Act 1986 or the Company Directors Disqualification (Northern Ireland) Order 2002,
c
d
he lacks capacity (within the meaning of the Mental Capacity Act 2005) to act as an insolvency practitioner.
F85
A person is not qualified to act as an insolvency practitioner while a bankruptcy restrictions order F9or a debt relief restrictions order is in force in respect of him.
Pt. 13 (ss. 388-398) modified by S.I. 1990/1392, art. 7
Pt. 13 (ss. 388-398) modified (1.2.1993) by Friendly Societies Act 1992 (c. 40), ss. 23, Sch. 10 Pt. I para. 1(a) (with ss. 7(5), 93(4)); S.I. 1993/16, art. 2, Sch. 3