{
  "url": "https://openlegislation.uk/draft-legislative-reform-insolvency-individual-voluntary-arrangements-order-2008/article-6",
  "json_url": "https://openlegislation.uk/draft-legislative-reform-insolvency-individual-voluntary-arrangements-order-2008/article-6.json",
  "legislation": "ukdsi/2008/9780110845845",
  "legislation_title": "The Legislative Reform (Insolvency) (Individual Voluntary Arrangements) Order 2008",
  "legislation_url": "https://openlegislation.uk/draft-legislative-reform-insolvency-individual-voluntary-arrangements-order-2008",
  "path": "article/6",
  "kind": "article",
  "number": "6",
  "heading": "Amendments to Part 13 of the Insolvency Act 1986",
  "text": "(1) Section 389A (authorisation of nominees and supervisors) of the Act is amended as follows.\n(2) For subsections (1) and (2) substitute—\n“(1) Section 389 does not apply—\n(a) to a person acting as nominee or supervisor in relation to a voluntary arrangement proposed or approved under Part 1, if he is authorised so to act under this section;\n(b) to a person acting as nominee or supervisor in relation to a voluntary arrangement proposed or approved under Part 8, if he is authorised so to act under this section.\n(2) For the purposes of subsection (1)(a) and Part 1, a person is authorised to act as nominee or supervisor in relation to a voluntary arrangement proposed or approved under that Part if—\n(a) he is authorised so to act by a body recognised for the purposes of this subsection by the Secretary of State,\n(b) he is subject to that body’s rules when so acting,\n(c) there is in force security (in Scotland, caution) for the proper performance of his functions and that security or caution meets the prescribed requirements with respect to his so acting in relation to the arrangement, and\n(d) subsection (3) does not apply to him.\n(2A) For the purposes of subsection (1)(b) and Part 8, a person is authorised to act as nominee or supervisor in relation to a voluntary arrangement proposed or approved under that Part if—\n(a) he is authorised so to act by a body recognised for the purposes of this subsection by the Secretary of State,\n(b) he is subject to that body’s rules when so acting,\n(c) there is in force security (in Scotland, caution) for the proper performance of his functions and that security or caution meets the prescribed requirements with respect to his so acting in relation to the arrangement, and\n(d) subsection (3) does not apply to him.”.\n(3) For subsections (4) and (5) substitute—\n“(4) The Secretary of State may by order—\n(a) declare a body which appears to him to be within subsection (5) to be a recognised body for the purposes of subsection (2);\n(b) declare a body which appears to him to be within subsection (5A) to be a recognised body for the purposes of subsection (2A).\n(5) A body is within this subsection if it maintains and enforces rules for securing that the persons authorised by it to act as nominee or supervisor in relation to a voluntary arrangement proposed or approved under Part 1—\n(a) are fit and proper persons so to act; and\n(b) meet acceptable requirements as to education and practical training and experience.\n(5A) A body is within this subsection if it maintains and enforces rules for securing that the persons authorised by it to act as nominee or supervisor in relation to a voluntary arrangement proposed or approved under Part 8—\n(a) are fit and proper persons so to act; and\n(b) meet acceptable requirements as to education and practical training and experience.”.\n(4) Subsection (6) is omitted.\n(5) In subsection (7), after “subsection (5)” insert “or (5A)”.\n(6) In subsection (8)—\n(a) for “members of the body in question” substitute “persons authorised by the body for the purposes of subsection (2)(a) or (2A)(a)”;\n(b) for “members of a recognised body” substitute “persons authorised by a recognised body for those purposes”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2008/9780110845845/article/6",
    "retrieved_at": "2026-10-30T15:15:48.262178+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}