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)).]
F1Art. 363(1) inserted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 23(4), 28(2); S.R. 2016/203, art. 2
F2Art. 363 renumbered as art. 363(2) (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 23(2), 28(2); S.R. 2016/203, art. 2
F3Words in art. 363(2) inserted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 23(3)(a), 28(2); S.R. 2016/203, art. 2
F4Words in art. 363(2) substituted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 23(3)(b), 28(2); S.R. 2016/203, art. 2
F5Art. 363(3) inserted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 23(5), 28(2); S.R. 2016/203, art. 2