The Insolvency (Northern Ireland) Order 1989

Persons not qualified to act as insolvency practitioners N.I.

349.—(1) A person who is not an individual is not qualified to act as an insolvency practitioner.

[F1 (2) 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 [F2 under this Order or the 1986 Act] or sequestration of his estate has been awarded and (in either case) he has not been discharged,

[F3 (aa) a moratorium period under a debt relief order [F4 under this Order or the 1986 Act] applies in relation to him,]

[F5 (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 1983F6 , section 125(1) of the Mental Health (Scotland) Act 1984F7 or Part VIII of the Mental Health (Northern Ireland) Order 1986F8 .

[F9 (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 [F10 or 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.]

F1 Art. 349(2) substituted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 14(2), 28(2); S.R. 2016/203, art. 2

F2 Words 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)

F3 Art. 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

F4 Words 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)

F5 2002 NI 4

F6 1983 c. 20

F7 1984 c. 36

F8 1986 NI 4

F9 Art. 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)

F10 Words in art. 349(5)(a) inserted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 37(3)

Modifications etc. (not altering text)

C1 Arts. 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)