The Insolvency Practitioners (Amendment) Regulations 2004

Statutory Instruments

2004 No. 473

INSOLVENCY

INSOLVENCY PRACTITIONERS

The Insolvency Practitioners (Amendment) Regulations 2004

Made

25th February 2004

Laid before Parliament

26th February 2004

Coming into force

1st April 2004

The Secretary of State, in exercise of the powers conferred upon her by section 419 of the Insolvency Act 1986 (1) hereby makes the following Regulations:

Citation, commencement, effect and interpretation

1.  These Regulations may be cited as the Insolvency Practitioners (Amendment) Regulations 2004 and shall come into force on 1st April 2004.

Revocation of Regulation 9 of the Insolvency Practitioners Regulations 1990

2.  Regulation 9 of the Insolvency Practitioners Regulations 1990(2) is revoked.

Gerry Sutcliffe,

Parliamentary Under Secretary of State for Employment Relations, Competition and Consumers,

Department of Trade and Industry

25th February 2004

Explanatory Note

(This note is not part of these Regulations)

These Regulations revoke regulation 9 of the Insolvency Practitioners Regulations 1990 which makes provision for the charging of a fee on the making of an application to the Secretary of State for the granting of an authorisation to act as an insolvency practitioner. This is because the relevant provisions regarding the Secretary of State’s powers in relation to fees are now contained within section 415A of the Insolvency Act 1986, which is inserted by section 270 of the Enterprise Act 2002. As a result of section 270(3) of the Enterprise Act 2002 the power to prescribe fees for the purposes of section 392(3)(c) under section 419 of the Insolvency Act 1986 will no longer cover applications for authorisation to act as an insolvency practitioner that are made to the Secretary of State.

A regulatory impact assessment was prepared in connection with the Enterprise Act 2002. Copies of this may be obtained from the Policy Unit, The Insolvency Service, 21 Bloomsbury Street, London WC1B 3QW.

(1)

1986 c. 45.

(2)

S.I. 1990/439. These Regulations have been amended, but these amendments are not relevant for the purposes of this instrument.