C1C3 PART XIIINSOLVENCY PRACTITIONERS AND THEIR QUALIFICATION
Pts. 11-14 applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 1A para. 3 (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), reg. 1(2), Sch. 1)
The requisite qualification, and the means of obtaining it
Persons not qualified to act as insolvency practitionersC2349
1
A person who is not an individual is not qualified to act as an insolvency practitioner.
F92
A person is not qualified to act as an insolvency practitioner at any time unless at that time the person is appropriately authorised under Article 349A of this Order.
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 F6under this Order or the 1986 Act or sequestration of his estate has been awarded and (in either case) he has not been discharged,
F1aa
a moratorium period under a debt relief order F7under this Order or the 1986 Act applies in relation to him,
F2b
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
F85
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 F10or 2016, 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.
Pts. 11-14 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; (temp.) (27.4.2020 retrospective) by virtue of Corporate Insolvency and Governance Act 2020 (c. 12), Sch. 11 para. 8(1)(2), 14 (with ss. 2(2), 5(2)); (26.6.2020) by The Limited Liability Partnerships (Amendment etc.) Regulations 2020 (S.I. 2020/643), reg. 1(1), Sch. 2 (with reg. 3); (16.2.2021) by The Limited Liability Partnerships (Amendment etc.) Regulations 2021 (S.I. 2021/60), reg. 1(1), Sch. 2 (with reg. 4(2)))