Article 363 Regulations for purposes of Part XII

F1(1)

The Department may make regulations for the purpose of giving effect to Part 12 of this Order.

F2(2)

Without prejudice to the generality of F3paragraph (1) or any provision of Part XII by virtue of which regulations may be made with respect to any matter, F4regulations under this Article may contain —

(a)

provision as to the matters to be taken into account in determining whether a person is a fit and proper person to act as an insolvency practitioner;

(b)

provision prohibiting a person from so acting in prescribed cases, being cases in which a conflict of interest will or may arise;

(c)

provision imposing requirements with respect to—

(i)

the preparation and keeping by a person who acts as an insolvency practitioner of prescribed books, accounts and other records, and

(ii)

the production of those books, accounts and records to prescribed persons;

(d)

provision conferring power on prescribed persons—

(i)

to require any person who acts or has acted as an insolvency practitioner to answer any inquiry in relation to a case in which he is so acting or has so acted, and

(ii)

to apply to a court to examine such a person or any other person on oath concerning such a case;

(e)

provision making non‐compliance with any of the regulations a criminal offence; and

(f)

such incidental, supplemental and transitional provisions as may appear to the Department necessary or expedient.

F5(3)

In making regulations under this Article, the Department must have regard to the regulatory objectives (as defined by Article 350C(3)).

Annotations

Textual amendments

F1: Art. 363(1) inserted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 23(4), 28(2); S.R. 2016/203, art. 2
F2: Art. 363 renumbered as art. 363(2) (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 23(2), 28(2); S.R. 2016/203, art. 2
F3: Words in art. 363(2) inserted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 23(3)(a), 28(2); S.R. 2016/203, art. 2
F4: Words in art. 363(2) substituted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 23(3)(b), 28(2); S.R. 2016/203, art. 2
F5: Art. 363(3) inserted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 23(5), 28(2); S.R. 2016/203, art. 2

Notes on Part XIII

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)