The Insolvency (Amendment) Regulations 1988

Amendment of regulation 12

4.—(1) For paragraph (2) of regulation 12 there shall be substituted the following:—

“(2) The account shall—

(a) incorporate all the particulars described in Form 1; and

(b) where the Secretary of State gives notice in writing to the responsible insolvency practitioner that it is to be in Form 1, be in that Form; and

in all cases shall be certified by the responsible insolvency practitioner and shall be accompanied by any bank statements relating to any local bank account in the name of the insolvent.

(2A) Where any account sent to the Secretary of State under paragraph (1) above (“the first-mentioned account”) is not in Form 1, the Secretary of State may give notice in writing to the responsible insolvency practitioner requiring him to send to the Secretary of State an account in Form 1 in respect of the same period as the first-mentioned account.

(2B) Within 14 days of receiving notice under paragraph (2A) above the responsible insolvency practitioner shall send to the Secretary of State an account in Form 1 in respect of the same period as the first-mentioned account and that account in Form 1 shall be certified by the responsible insolvency practitioner and shall be accompanied by any bank statements relating to any local bank account in the name of the insolvent which did not accompany the first-mentioned account.”.

(2) For paragraph (7) of regulation 12 there shall be substituted the following:—

“(7) Any account sent to the Secretary of State under paragraph (1) or (2B) above shall, if he so requires, be audited, but whether or not the Secretary of State requires the account to be audited, the responsible insolvency practitioner shall send to the Secretary of State on demand any vouchers, any bank statements and any information relating to the account.”.