Valid from 24/03/2003
(1)This section applies for the purposes of section 432.
(2)A person acts as an insolvency practitioner if he so acts within the meaning given by section 388 of the 1986 Act or Article 3 of the 1989 Order; but this is subject to subsections (3) to (5).
(3)The expression “person acting as an insolvency practitioner” includes the official receiver acting as receiver or manager of the property concerned.
(4)In applying section 388 of the 1986 Act under subsection (2) above—
(a)the reference in section 388(2)(a) to a permanent or interim trustee in sequestration must be taken to include a reference to a trustee in sequestration;
(b)section 388(5) (which includes provision that nothing in the section applies to anything done by the official receiver or the Accountant in Bankruptcy) must be ignored.
(5)In applying Article 3 of the 1989 Order under subsection (2) above, paragraph (5) (which includes provision that nothing in the Article applies to anything done by the official receiver) must be ignored.