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PART XIIIN.I.PUBLIC ADMINISTRATION

Modifications etc. (not altering text)

Insolvency practiceN.I.

Regulations for purposes of Part XIIN.I.

363.—[F1(1) The Department may make regulations for the purpose of giving effect to Part 12 of this Order.]

[F2(2)]  Without prejudice to the generality of [F3paragraph (1) or] any provision of Part XII by virtue of which regulations may be made with respect to any matter, [F4regulations under this Article may contain] —

(a)provision as to the matters to be taken into account in determining whether a person is a fit and proper person to act as an insolvency practitioner;

(b)provision prohibiting a person from so acting in prescribed cases, being cases in which a conflict of interest will or may arise;

(c)provision imposing requirements with respect to—

(i)the preparation and keeping by a person who acts as an insolvency practitioner of prescribed books, accounts and other records, and

(ii)the production of those books, accounts and records to prescribed persons;

(d)provision conferring power on prescribed persons—

(i)to require any person who acts or has acted as an insolvency practitioner to answer any inquiry in relation to a case in which he is so acting or has so acted, and

(ii)to apply to a court to examine such a person or any other person on oath concerning such a case;

(e)provision making non‐compliance with any of the regulations a criminal offence; and

(f)such incidental, supplemental and transitional provisions as may appear to the Department necessary or expedient.

[F5(3) In making regulations under this Article, the Department must have regard to the regulatory objectives (as defined by Article 350C(3)).]