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Insolvency Act 1986

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This is the original version (as it was originally enacted).

390Persons not qualified to act as insolvency practitioners

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

(2)A person is not qualified to act as an insolvency practitioner at any time unless at that time—

(a)he is authorised so to act by virtue of membership of a professional body recognised under section 391 below, being permitted so to act by or under the rules of that body, or

(b)he holds an authorisation granted by a competent authority under section 393.

(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 or, in Scotland, caution for the proper performance of his functions, and

(b)that security or caution 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 or sequestration of his estate has been awarded and (in either case) he has not been discharged,

(b)he is subject to a disqualification order made under the [1986 c. 46.] Company Directors Disqualification Act 1986, or

(c)he is a patient within the meaning of Part VII of the [1983 c. 20.] Mental Health Act 1983 or section 125(1) of the [1984 c. 36.] Mental Health (Scotland) Act 1984.

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