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The Insolvency (Northern Ireland) Order 1989, Section 350 is up to date with all changes known to be in force on or before 03 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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350.—(1) The Department may by order, if satisfied that a body meets the requirements of paragraph (4), declare the body to be a recognisedprofessional body which is capable of providing its insolvency specialist members with full authorisation or partial authorisation.
(2) The Department may by order, if satisfied that a body meets the requirements of paragraph (4), declare the body to be a recognised professional body which is capable of providing its insolvency specialist members with partial authorisation only of the kind specified in the order (as to which, see Article 349A(1)).
(3) Article 350A makes provision about the making by a body of an application to the Department for an order under this Article.
(4) The requirements are that—
(a)the body regulates (or is going to regulate) the practice of a profession;
(b)the body has rules which it is going to maintain and enforce for securing that its insolvency specialist members—
(i)are fit and proper persons to act as insolvency practitioners; and
(ii)meet acceptable requirements as to education and practical training and experience; and
(c)the body's rules and practices for or in connection with authorising persons to act as insolvency practitioners, and its rules and practices for or in connection with regulating persons acting as such, are designed to ensure that the regulatory objectives are met (as to which, see Article 350C).
(5) An order of the Department under this Article has effect from such date as is specified in the order.
(6) An order under this Article may be revoked by an order under Article 350L or 350N (and see Article 361A(1)(b)).
(7) In this Part—
(a)references to members of a recognised professional body are to persons who, whether members of that body or not, are subject to its rules in the practice of the profession in question;
(b)references to insolvency specialist members of a professional body are to members who are permitted by or under the rules of the body to act as insolvency practitioners.
(8) A reference in this Part to a recognised professional body is to a body recognised under this Article (and see Articles 350L(6) and 350N(5)).]
F1Arts. 350-350A substituted for art. 350 (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 14(4), 28(2); S.R. 2016/203, art. 2
Modifications etc. (not altering text)
C1Arts. 349-350T applied (with modifications) (4.1.2024) by S.I. 2021/716, reg. 37A (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 12)
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