C2C3C4Part XIII Insolvency Practitioners and their Qualification

Annotations:
Modifications etc. (not altering text)
C2

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

C3

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

C4

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

393 Grant, refusal and withdrawal of authorisation. C1

1

The competent authority may, on an application duly made in accordance with section 392 and after being furnished with all such information as it may require under that section, grant or refuse the application.

2

The authority shall grant the application if it appears to it from the information furnished by the applicant and having regard to such other information, if any, as it may have—

a

that the applicant is a fit and proper person to act as an insolvency practitioner, and

b

that the applicant meets the prescribed requirements with respect to education and practical training and experience.

3

An authorisation granted under this section, if not previously withdrawn, continues in force for such period not exceeding the prescribed maximum as may be specified in the authorisation.

4

An authorisation so granted may be withdrawn by the competent authority if it appears to it—

a

that the holder of the authorisation is no longer a fit and proper person to act as an insolvency practitioner, or

b

without prejudice to paragraph (a), that the holder—

i

has failed to comply with any provision of this Part or of any regulations made under this Part or Part XV, or

ii

in purported compliance with any such provision, has furnished the competent authority with false, inaccurate or misleading information.

5

An authorisation granted under this section may be withdrawn by the competent authority at the request or with the consent of the holder of the authorisation.