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)
F1General
Art. 350S and cross-heading inserted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 19, 28(2); S.R. 2016/203, art. 2
Power for Department to obtain informationC2350S
1
A person mentioned in paragraph (2) must give the Department such information as the Department may by notice in writing require for the exercise of the Department's functions under this Part.
2
Those persons are—
a
a recognised professional body;
b
any individual who is or has been authorised under Article 349A to act as an insolvency practitioner;
c
any person who is connected to such an individual.
3
A person is connected to an individual who is or has been authorised to act as an insolvency practitioner if, at any time during the authorisation—
a
the person was an employee of the individual;
b
the person acted on behalf of the individual in any other way;
c
the person employed the individual;
d
the person was a fellow employee of the individual's employer;
e
in a case where the individual was employed by a firm, partnership or company, the person was a member of the firm or partnership or (as the case may be) a director of the company.
4
In imposing a requirement under paragraph (1) the Department may specify—
a
the time period within which the information in question is to be given; and
b
the manner in which it is to be verified.
F2Compliance ordersC2350T
1
If at any time it appears to the Department that—
a
a recognised professional body has failed to comply with a requirement imposed on it by or by virtue of this Part; or
b
any other person has failed to comply with a requirement imposed on the person by virtue of Article 350S,
the Department may make an application to the High Court.
2
If, on an application under this Article, the Court decides that the body or other person has failed to comply with the requirement in question, it may order the body or person to take such steps as the Court considers will secure that the requirement is complied with.
Authorisation by competent authorityF3351
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Grant, refusal and withdrawal of authorisationF3352
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NoticesF3353
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Right to make representationsF3354
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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)))