F1 PART XIIINSOLVENCY PRACTITIONERS AND THEIR QUALIFICATION
F2Revocation etc. of recognition
Arts. 350L-350N and cross-heading inserted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 17(1), 28(2); S.R. 2016/203, art. 2
Revocation of recognition at instigation of Department350L
1
An order under Article 350(1) or (2) in relation to a recognised professional body may be revoked by the Department by order if the Department is satisfied that—
a
an act or omission of the body (or a series of such acts or omissions) in discharging one or more of its regulatory functions has had, or is likely to have, an adverse impact on the achievement of one or more of the regulatory objectives; and
b
it is appropriate in all the circumstances of the case to revoke the body's recognition under Article 350.
2
If the condition set out in paragraph (3) is met, an order under Article 350(1) in relation to a recognised professional body may be revoked by the Department by an order which also declares the body concerned 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 (see Article 349A(1)).
3
The condition is that the Department is satisfied—
a
as mentioned in paragraph (1)(a); and
b
that it is appropriate in all the circumstances of the case for the body to be declared 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.
4
In this Part—
a
an order under paragraph (1) is referred to as a “revocation order”;
b
an order under paragraph (2) is referred to as a “partial revocation order”.
5
A revocation order or partial revocation order—
a
has effect from such date as is specified in the order; and
b
may make provision for members of the body in question to continue to be treated as fully or partially authorised (as the case may be) to act as insolvency practitioners for a specified period after the order takes effect.
6
A partial revocation order has effect as if it were an order made under Article 350(2).
Pts. 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)