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Article 350A Application for recognition as recognised professional bodyF1C1

(1)

An application for an order under Article 350(1) or (2) must—

(a)

be made to the Department in such form and manner as the Department may require;

(b)

be accompanied by such information as the Department may require;

(c)

be supplemented by such additional information as the Department may require at any time between receiving the application and determining it.

(2)

The requirements which may be imposed under paragraph (1) may differ as between different applications.

(3)

The Department may require information provided under this Article to be in such form, and verified in such manner, as the Department may specify.

(4)

An application for an order under Article 350(1) or (2) must be accompanied by—

(a)

a copy of the applicant's rules;

(b)

a copy of the applicant's policies and practices; and

(c)

a copy of any guidance issued by the applicant in writing.

(5)

The reference in paragraph (4)(c) to guidance issued by the applicant is a reference to guidance or recommendations which are—

(a)

issued or made by it which will apply to its insolvency specialist members or to persons seeking to become such members;

(b)

relevant for the purposes of this Part; and

(c)

intended to have continuing effect,

including guidance or recommendations relating to the admission or expulsion of members.

(6)

The Department may refuse an application for an order under Article350(1) or (2) if the Department considers that recognition of the body concerned is unnecessary having regard to the existence of one or more other bodies which have been or are likely to be recognised under Article 350.

(7)

Paragraph (8) applies where the Department refuses an application for an order under Article 350(1) or (2); and it applies regardless of whether the application is refused on the ground mentioned in paragraph (6), because the Department is not satisfied as mentioned in Article 350(1) or (2) or because a fee has not been paid (see Article 361A(1)(b)).

(8)

The Department must give the applicant a written notice of the Department's decision; and the notice must set out the reasons for refusing the application.

Annotations

Textual amendments

F1

Arts. 350-350A substituted for art. 350 (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 14(4), 28(2); S.R. 2016/203, art. 2

Modifications

C1

Arts. 349-350T applied (with modifications) (4.1.2024) by S.I. 2021/716, reg. 37A (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 12)

Notes on Part XII

Modifications

C1

Pts. 11-14 modified by S.R. 2004/307 (as amended (1.10.2006) by Limited Liability Partnerships (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/377), reg. 3, Sch. 2; (temp.) (27.4.2020 retrospective) by virtue of Corporate Insolvency and Governance Act 2020 (c. 12), Sch. 11 para. 8(1)(2), 14 (with ss. 2(2), 5(2)); (26.6.2020) by The Limited Liability Partnerships (Amendment etc.) Regulations 2020 (S.I. 2020/643), reg. 1(1), Sch. 2 (with reg. 3); (16.2.2021) by The Limited Liability Partnerships (Amendment etc.) Regulations 2021 (S.I. 2021/60), reg. 1(1), Sch. 2 (with reg. 4(2)))

C2

Pts. 11-14 applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 1A para. 3 (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), reg. 1(2), Sch. 1)