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Small Business, Enterprise and Employment Act 2015

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This is the original version (as it was originally enacted).

144Power to establish single regulator of insolvency practitioners

This section has no associated Explanatory Notes

(1)The Secretary of State may by regulations designate a body for the purposes of—

(a)authorising persons to act as insolvency practitioners, and

(b)regulating persons acting as such.

(2)The designated body may be either—

(a)a body corporate established by the regulations, or

(b)a body (whether a body corporate or an unincorporated association) already in existence when the regulations are made (an “existing body”).

(3)The regulations may, in particular, confer the following functions on the designated body—

(a)establishing criteria for determining whether a person is a fit and proper person to act as an insolvency practitioner;

(b)establishing the requirements as to education, practical training and experience which a person must meet in order to act as an insolvency practitioner;

(c)establishing and maintaining a system for providing full authorisation or partial authorisation to persons who meet those criteria and requirements;

(d)imposing technical standards for persons so authorised and enforcing compliance with those standards;

(e)imposing professional and ethical standards for persons so authorised and enforcing compliance with those standards;

(f)monitoring the performance and conduct of persons so authorised;

(g)investigating complaints made against, and other matters concerning the performance or conduct of, persons so authorised.

(4)The regulations may require the designated body, in discharging regulatory functions, so far as is reasonably practicable, to act in a way—

(a)which is compatible with the regulatory objectives, and

(b)which the body considers most appropriate for the purpose of meeting those objectives.

(5)Provision made under subsection (3)(d) or (3)(e) for the enforcement of the standards concerned may include provision enabling the designated body to impose a financial penalty on a person who is or has been authorised to act as an insolvency practitioner.

(6)The regulations may, in particular, include provision for the purpose of treating a person authorised to act as an insolvency practitioner by virtue of being a member of a professional body recognised under section 391 of the Insolvency Act 1986 immediately before the regulations come into force as authorised to act as an insolvency practitioner by the body designated by the regulations after that time.

(7)Expressions used in this section which are defined for the purposes of Part 13 of the Insolvency Act 1986 have the same meaning in this section as in that Part.

(8)Section 145 makes further provision about regulations under this section which designate an existing body.

(9)Schedule 11 makes supplementary provision in relation to the designation of a body by regulations under this section.

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