F1Pts. XI-XIV modified by S.R. 2004/307 (as amended (1.10.2006) by Limited Liability Partnerships (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/377), reg. 3, Sch. 2)
349.—(1) A person who is not an individual is not qualified to act as an insolvency practitioner.
(2) A person is not qualified to act as an insolvency practitioner at any time unless at that time—
(a)he is authorised so to act by virtue of membership of a professional body recognised under Article 350, being permitted so to act by or under the rules of that body, or
(b)he holds an authorisation granted by a competent authority under Article 352; F2...
F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A person is not qualified to act as an insolvency practitioner in relation to another person at any time unless—
(a)there is in force at that time security, and
(b)that security meets the prescribed requirements with respect to his so acting in relation to that other person.
(4) A person is not qualified to act as an insolvency practitioner at any time if at that time—
(a)he has been adjudged bankrupt [F3under this Order or the 1986 Act] or sequestration of his estate has been awarded and (in either case) he has not been discharged,
[F4(aa)a moratorium period under a debt relief order [F5under this Order or the 1986 Act] applies in relation to him,]
[F6(b)he is subject to a disqualification order made or a disqualification undertaking accepted under the Company Directors Disqualification Act 1986 or the Company Directors Disqualification (Northern Ireland) Order 2002, or]
(c)he is a patient within the meaning of Part VII of the Mental Health Act 1983F7, section 125(1) of the Mental Health (Scotland) Act 1984F8 or Part VIII of the Mental Health (Northern Ireland) Order 1986F9.
[F10(5) A person is not qualified to act as an insolvency practitioner while there is in force in respect of that person—
(a)a bankruptcy restrictions order under this Order, the 1986 Act or the Bankruptcy (Scotland) Act 1985, or
(b)a debt relief restrictions order under this Order or the 1986 Act.
(6) In this Article “the 1986 Act” means the Insolvency Act 1986.]
F2Art. 349(2)(c) and word omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 6 para. 22(6); S.I. 2015/1732, art. 2(e)(vi) (with art. 7)
F3Words in art. 349(4)(a) inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 116(2)(a), 164(1); S.I. 2015/1689, reg. 2(i) (with Sch. para. 14)
F4Art. 349(4)(aa) inserted (30.6.2011) by Debt Relief Act (Northern Ireland) 2010 (c. 16), ss. 6, 7(1), Sch. para. 4(9)(a); S.R. 2011/13, art. 2
F5Words in art. 349(4)(aa) inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 116(2)(b), 164(1); S.I. 2015/1689, reg. 2(i) (with Sch. para. 14)
F10Art. 349(5)(6) substituted for art. 349(5) (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 116(3), 164(1); S.I. 2015/1689, reg. 2(i) (with Sch. para. 14)