OpenLegislation

Regulation 5 Fit and proper bodyI1

England and Wales

(1)

A body may not be designated a competent authority unless it is a fit and proper body to act as such.

(2)

Without prejudice to the generality of paragraph (1), a body is not a fit and proper body qualified to act as a competent authority if it—

(a)

has committed any offence under any enactment contained in insolvency legislation;

(b)

has engaged in any deceitful or oppressive or otherwise unfair or improper practices, whether unlawful or not, or any practices which otherwise cast doubt upon the probity of the body; or

(c)

has not carried on its activities with integrity and the skills appropriate to the proper performance of the duties of—

(i)

a body which purports to ensure the provision of, or to provide, debt management or debt counselling services to the public, or

(ii)

a competent authority; or

(d)

has entered into a company voluntary arrangement under Part 1 of the Act.

Annotations

Commencement

I1

Reg. 5 in force at 6.4.2009, see reg. 1