The Debt Relief Orders (Designation of Competent Authorities) Regulations (Northern Ireland) 2011

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations are made under Article 208U (approved intermediaries) of the Insolvency (Northern Ireland) Order 1989, inserted by the Debt Relief Act (Northern Ireland) 2010. That Act inserted a new Part 7A into the Insolvency (Northern Ireland) Order 1989 making provision for applications for, and making of, debt relief orders. An application for a debt relief order must be made to the official receiver through an approved intermediary. Approved intermediaries are individuals approved by a competent authority to act as an intermediary between a person wishing to make an application for a debt relief order and the official receiver. “Competent authority” means a body for the time being designated by the Department for the purposes of granting approvals to individuals to act as intermediaries

The Department is given power to make regulations pursuant to Article 208U to provide: (i) for the procedure for designating bodies as competent authorities; (ii) descriptions of individuals who are ineligible to be approved as intermediaries; (iii) the procedure for granting approvals and (iv) for the withdrawal of designations or approvals. Regulations 2 to 6 in Part 1 of the Regulations make provision for the designation of competent authorities by the Department. Regulation 2 sets out the grounds for the designation of competent authorities by the Department. Regulation 3 describes the manner and form of the application for designation. Regulation 4 limits designations to bodies which are fit and proper bodies as defined by the regulations. Regulation 5 makes provision for the extent of the designation, which may be limited or unlimited. Regulation 6 makes provision for the modification or withdrawal of a designation. Regulations 7 to 10 in Part 2 of the Regulations make provision for the approval of intermediaries by competent authorities. Regulation 7 makes provision for fit and proper persons to be approved to act as intermediaries. Regulation 8 provides descriptions of individuals deemed not to be fit and proper persons and therefore not to be approved by competent authorities to act as intermediaries. Regulation 9 describes the manner and form of an application for approval to act. Regulation 10 makes provision for the withdrawal of approval.

An impact assessment on debt relief orders was prepared for the Debt Relief Act (Northern Ireland) 2010. It can be viewed at www.detini.gov.uk/insolvency.