Paragraph 18 I1

Article 349 (persons not qualified to act as insolvency practitioners) is amended as follows.

In paragraph (3)(a), after “security” insert “for the proper performance of the practitioner’s functions”.

For paragraph (4)(a) (bankrupts, etc) substitute—

“(a)

any of the following is the case—

(i)

the person has been adjudged bankrupt under this Order,

(ii)

the person has been made bankrupt under the 1986 Act, or

(iii)

sequestration of the person’s estate has been awarded,

and (in each case) the person has not been discharged,”.

For paragraph (4)(c) (mental capacity, etc) substitute—

“(c)

he lacks capacity (within the meaning of the Mental Capacity (Northern Ireland) Act 2016) to act as an insolvency practitioner,

(d)

he is a patient within the meaning of section 329(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 or has had a guardian appointed to him under the Adults with Incapacity (Scotland) Act 2000 (asp 4), or

(e)

he lacks capacity (within the meaning of the Mental Capacity Act 2005) to act as an insolvency practitioner.”.

Until the coming into force of the repeal, by the Mental Capacity (Northern Ireland) Act 2016, of Part 8 of the Mental Health (Northern Ireland) Order 1986, Article 349(4)(c) (as inserted by sub-paragraph (4)) has effect as if it read “he is a patient within the meaning of Part 8 of the Mental Health (Northern Ireland) Order 1986,”.