C1C2C3Part XIII Insolvency Practitioners and their Qualification

Annotations:
Modifications etc. (not altering text)
C1

Pt. 13 (ss. 388-398) modified by S.I. 1990/1392, art. 7

Pt. 13 (ss. 388-398) modified (1.2.1993) by Friendly Societies Act 1992 (c. 40), ss. 23, Sch. 10 Pt. I para. 1(a) (with ss. 7(5), 93(4)); S.I. 1993/16, art. 2, Sch. 3

C2

Pt. 13 (ss. 388-398) applied (with modifications) (1.2.1993) by Friendly Societies Act 1992 (c. 40), ss. 21(1), 22, 23, Sch. 10 Pt. I para. 1(a) (with ss. 7(5), 93(4)); S.I. 1993/16, art. 2, Sch. 3

Pt. 13 (ss. 388-398) applied (1.12.1994) by S.I. 1994/2421, arts. 4(3)(d), 6(3)(d)

Pt. 13 (ss. 388-398) applied (with modifications) (1.12.1994) by S.I. 1994/2421, arts. 8(4)(5)(8)(9), 10(2)(3)(6), Sch. 4 Pt. II, Sch. 7

Pt. 13 applied (with modifications) (5.10.2004) by Energy Act 2004 (c. 20), ss. 171(3), 198; S.I. 2004/2575, art. 2(1), Sch. 1

C3

Third Group of Parts (Pts. 12-19) applied to limited liability partnerships (with modifications) (E.W.S.) (6.4.2001) by S.I. 2001/1090, reg. 5, Schs. 3, 4 (as amended (4.3.2004) by S.I. 2004/355, art. 10 and (1.10.2005) by S.I. 2005/1989, reg. 3, Sch. 2 (with reg. 4))

The requisite qualification, and the means of obtaining it

392 Authorisation by competent authority. C4

1

Application may be made to a competent authority for authorisation to act as an insolvency practitioner.

2

The competent authorities for this purpose are—

a

in relation to a case of any description specified in directions given by the Secretary of State, the body or person so specified in relation to cases of that description, and

b

in relation to a case not falling within paragraph (a), the Secretary of State.

3

The application—

a

shall be made in such manner as the competent authority may direct,

b

shall contain or be accompanied by such information as that authority may reasonably require for the purpose of determining the application, and

c

shall be accompanied by the prescribed fee;

and the authority may direct that notice of the making of the application shall be published in such manner as may be specified in the direction.

4

At any time after receiving the application and before determining it the authority may require the applicant to furnish additional information.

5

Directions and requirements given or imposed under subsection (3) or (4) may differ as between different applications.

6

Any information to be furnished to the competent authority under this section shall, if it so requires, be in such form or verified in such manner as it may specify.

7

An application may be withdrawn before it is granted or refused.

8

Any sums received under this section by a competent authority other than the Secretary of State may be retained by the authority; and any sums so received by the Secretary of State shall be paid into the Consolidated Fund.