219. Authorisation of nominees and supervisors

Section 218 does not apply to a person acting, in relation to a voluntary arrangement proposed or approved under Part 2, as nominee or supervisor if he is authorised so to act.

For the purposes of subsection (1), an individual to whom subsection (3) does not apply is authorised to act as nominee or supervisor in relation to such an arrangement if he is a member of a body recognised for the purpose by the Minister.

This subsection applies to a person if —

The Minister may by order declare a body which appears to him to fall within subsection (5) to be a recognised body.

A body may be recognised if it maintains and enforces its rules for securing that its members —

For the purposes of this section, a person is a member of a body only if he is subject to its rules when acting as nominee or supervisor

An order made under subsection (4) in relation to a body may be revoked by a further order if it appears to the Minister that the body no longer falls within subsection (5).

An order of the Minister under this section has effect from such date as is specified in the order; and any such order revoking a previous order may make provision for members of the body in question to continue to be treated as members of a recognised body for a specified period after the revocation takes effect.

For the purposes of subsection (3)(b), a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain, whether or not such impairment or disturbance is permanent or temporary.