The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009

Insolvency Act 1986 (c. 45)

78.—(1) Part 13 of the Insolvency Act 1986 (insolvency practitioners and their qualification) is amended as follows.

(2) In section 388(4) (meaning of “act as insolvency practitioner”), for the definition of “company” substitute—

““company” means—

(a)

a company registered under the Companies Act 2006 in England and Wales or Scotland, or

(b)

a company that may be wound up under Part 5 of this Act (unregistered companies).”.

(3) In section 389A(3) (acting as insolvency practitioner: persons disqualified from acting as nominee or supervisor), for paragraph (b) substitute—

“(b) 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,”.

(4) In section 390(4) (persons not qualified to act as insolvency practitioners), for paragraph (b) substitute—

“(b) 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,”.