Insolvency Practitioners (Authorisation by Relevant Authority) Regulations 1986
| Jurisdiction | UK Non-devolved |
| Citation | SI 1986/951 |
| Year | 1986 |
1986 No. 951
INSOLVENCY PRACTITIONERS
The Insolvency Practitioners (Authorisation by Relevant Authority) Regulations 19865thJune 1986
10thJune 1986
1stJuly 1986
The Secretary of State, in the exercise of the powers conferred on him by sections 4, 5 and 10 of the Insolvency Act 1985(a), hereby makes the following Regulations:—
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Insolvency Practitioners (Authorisation by Relevant Authority) Regulations 1986 and shall come into force on 1st July 1986.
(2) In these Regulations:—
"Act" means the Insolvency Act 1985;
"application" means an application made by an individual to the relevant authority for authorisation under section 5 of the Act, to act as an insolvency practitioner;
"commencement date" means the date on which section 1 of the Act comes into force;
"insolvency practitioner" shall be construed in accordance with section 1 of the Act;
"the insolvency legislation" means the following enactments:—
the Act;
Parts XVIII to XXI of the Companies Act 1985(b);
Part VII of the Employment Protection (Consolidation) Act 1978(c);
the Bankruptcy Act 1914(d);
the Deeds of Arrangement Act 1914(e);
the Bankruptcy (Scotland) Act 1985(f);
(a) 1985 c.65.
(b) 1985 c.6.
(c) 1978 c.44.
(d) 4 & 5 Geo 5 c.59.
(e) 4 & 5 Geo 5 c.47.
(f) 1985 c.66.
the Bankruptcy (Scotland) Act 1913(a); and
the provisions of the enactments repealed by Schedule 1 to the Companies Consolidation (Consequential Provisions) Act 1985(b) relating to insolvency;
"business" includes the carrying on of any trade profession or vocation and the discharge of the functions relating to any office or employment;
"insolvency practice" means the carrying on of the business of acting as an insolvency practitioner or in a corresponding capacity under the law of any country or territory outside Great Britain, and for this purpose acting as an insolvency practitioner shall include acting as a trustee in sequestration or a judicial factor on the bankrupt estate of a deceased person;
"office-holder" means a person who acts or has acted as an insolvency practitioner, a trustee in sequestration, or a judicial factor on the bankrupt estate of a deceased person or in a corresponding capacity under the law of any country or territory outside Great Britain;
"insolvency work experience" means engagement in work related to the administration of the estates of persons in respect of which an office-holder has been appointed;
"higher insolvency work experience" means engagement in work related to the administration of the estates of persons in respect of which an office-holder has been appointed where the work involves the management or supervision of the conduct of a case on behalf of that office-holder;
"associate" shall be construed in accordance with section 233 of the Act;
"Crown employment" shall be construed in accordance with section 12(2) of the Employment Protection Act 1975(c).
Application of these regulations
2. These Regulations apply in relation to applications made to the relevant authority before the commencement date.
Matters for determining whether an applicant is fit and proper
3. Without prejudice to the generality of section 5(2)(a) or (4)(a) of the Act, in determining whether an applicant is a fit and proper person to act as an insolvency practitioner the matters to be taken into account shall include:—
(a) whether the applicant has committed any offence involving fraud or other dishonesty or violence;
(b) whether the applicant has contravened any provision in any enactment contained in the insolvency legislation or in subordinate legislation made under any such enactment or any provision of the law of a country or territory outside Great Britain which corresponds to such...
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