The Provision of Services (Insolvency Practitioners) Regulations (Northern Ireland) 2009

Amendments to the Insolvency (Northern Ireland) Order 1989

2.—(1) The Insolvency (Northern Ireland) Order 1989 shall be amended as provided by paragraphs (2) to (5).

(2) In Article 348A (authorisation of nominees and supervisors), in sub-paragraph (a) of paragraph (2), after “Department” insert “or of a body recognised for the purpose under section 389A(2)(a) of the Insolvency Act 1986(1)”.

(3) In Article 349, in paragraph (2) (persons not qualified to act as insolvency practitioners), after sub-paragraph (b) insert—

“; or

(c) he holds an authorisation for a corresponding purpose granted by a competent authority in Great Britain under Section 393 of the Insolvency Act 1986”.

(4) In Article 350, for paragraph (2) of (recognised professional bodies) substitute—

“(2) A body may be recognised if it regulates the practice of a profession and maintains and enforces rules for securing that such of its members as are permitted by or under the rules to act as insolvency practitioners—

(a) are fit and proper persons so to act; and

(b) meet acceptable requirements as to education, practical training and experience.”.

(5) In Article 352 (grant, refusal and withdrawal of authorisation)—

(a) for paragraph (3) substitute—

“(3) An authorisation granted under this Article, if not previously withdrawn, continues in force for one year.

(3A) Where an authorisation is granted under this Article the competent authority shall, before its expiry (and without a further application made in accordance with Article 351), grant a further authorisation under this Article taking effect immediately after the expiry of the previous authorisation, unless it appears to the competent authority that the subject of the authorisation no longer complies with paragraph (2)(a) and (b).”;

(b) in paragraph (4) for “so granted” substitute “granted under this Article”; and

(c) after paragraph (5) insert—

“(6) Where an authorisation granted under this Article is withdrawn—

(a) paragraph (3A) does not require a further authorisation to be granted, or

(b) if a further authorisation has already been granted at the time of the withdrawal, the further authorisation is also withdrawn.”.

(1)

1986 c.45. Section 389A was inserted by the Insolvency Act 2000 (c.39), s 4(4)