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In force2022 Revised Edition
Contents

Part 8

221. Persons not qualified to act as insolvency practitioners

(1)

A person who is not an individual is not qualified to act as an insolvency practitioner.

(2)

A person is not qualified to act as an insolvency practitioner at any time unless at that time —

(a)

he is authorised so to act by virtue of membership of a professional body recognised under section 222, being permitted so to act by or under its rules; or

(b)

he holds an authorisation granted by a competent authority under section 224.

(3)

A person is not qualified to act as an insolvency practitioner in relation to another person at any time unless —

(a)

there is in force at that time security for the proper performance of his functions; and

(b)

that security meets the prescribed requirements with respect to his so acting in relation to that other person.

Insolvency 178

(4)

A person is not qualified to act as an insolvency practitioner at any time if at that time —

(a)

he has been adjudged bankrupt or sequestration of his estate has been awarded and (in either case) he has not been discharged;

(b)

a moratorium period under a debt relief order applies in relation of him;

(c)

he lacks capacity to act as an insolvency practitioner.

(5)

A person is not qualified to act as an insolvency practitioner while a receiving order is in force in respect of him.

(6)

For the purposes of subsection (4)(c), 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.

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