Insolvency Act 1985

1 Unqualified persons not to act as insolvency practitioners

(1) Any person who acts as an insolvency practitioner in relation to a company or an individual at a time when he is not qualified to do so shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(2) A person acts as an insolvency practitioner in relation to a company by acting—

(a) as its liquidator, administrator or administrative receiver ; or

(b) as supervisor of a composition or scheme approved by it under Chapter II of Part II of this Act.

(3) A person acts as an insolvency practitioner in relation to an individual by acting—

(a) as his trustee in bankruptcy or interim receiver of his property or as permanent or interim trustee in the sequestration of his estate;

(b) as trustee under a deed which is a deed of arrangement made for the benefit of his creditors or. in Scotland, a trust deed for his creditors;

(c) as supervisor of a composition or scheme proposed by him and approved under Chapter I of Part III of this Act; or

(d) in the case of a deceased individual to the administration of whose estate this section applies by virtue of an order under section 228 below, as administrator of that estate.

(4) References in this section to an individual include, except in so far as the context otherwise requires, references to a partnership and to any debtor within the meaning of the [1985 c. 66.] Bankruptcy (Scotland) Act 1985.

(5) In this section—

• " administrative receiver" has the same meaning as in Part II of this Act;

• " company " means a company within the meaning given by section 735(1) of the 1985 Act or a company which may be wound up under Part XXI of that Act;

• " interim trustee " and " permanent trustee " have the same meanings as in the Bankruptcy (Scotland) Act 1985 ;

• " liquidator " includes provisional liquidator.

(6) Nothing in this section shall apply in relation to anything done by the official receiver.