The Insolvency (Northern Ireland) Order 1989

Regulations for purposes of Part XII N.I.

363.— [F1 (1) The Department may make regulations for the purpose of giving effect to Part 12 of this Order.]

[F2 (2)]  Without prejudice to the generality of [F3 paragraph (1) or] any provision of Part XII by virtue of which regulations may be made with respect to any matter, [F4 regulations under this Article may contain] —

(a) provision as to the matters to be taken into account in determining whether a person is a fit and proper person to act as an insolvency practitioner;

(b) provision prohibiting a person from so acting in prescribed cases, being cases in which a conflict of interest will or may arise;

(c) provision imposing requirements with respect to—

(i) the preparation and keeping by a person who acts as an insolvency practitioner of prescribed books, accounts and other records, and

(ii) the production of those books, accounts and records to prescribed persons;

(d) provision conferring power on prescribed persons—

(i) to require any person who acts or has acted as an insolvency practitioner to answer any inquiry in relation to a case in which he is so acting or has so acted, and

(ii) to apply to a court to examine such a person or any other person on oath concerning such a case;

(e) provision making non‐compliance with any of the regulations a criminal offence; and

(f) such incidental, supplemental and transitional provisions as may appear to the Department necessary or expedient.

[F5 (3) In making regulations under this Article, the Department must have regard to the regulatory objectives (as defined by Article 350C(3)).]

F1 Art. 363(1) inserted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 23(4), 28(2); S.R. 2016/203, art. 2

F2 Art. 363 renumbered as art. 363(2) (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 23(2), 28(2); S.R. 2016/203, art. 2

F3 Words in art. 363(2) inserted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 23(3)(a), 28(2); S.R. 2016/203, art. 2

F4 Words in art. 363(2) substituted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 23(3)(b), 28(2); S.R. 2016/203, art. 2

F5 Art. 363(3) inserted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 23(5), 28(2); S.R. 2016/203, art. 2