{
  "url": "https://openlegislation.uk/insurers-reorganisation-and-winding-up-lloyds-regulations-2005/regulation-44",
  "json_url": "https://openlegislation.uk/insurers-reorganisation-and-winding-up-lloyds-regulations-2005/regulation-44.json",
  "legislation": "uksi/2005/1998",
  "legislation_title": "The Insurers (Reorganisation and Winding Up) (Lloyd's) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/insurers-reorganisation-and-winding-up-lloyds-regulations-2005",
  "path": "regulation/44",
  "kind": "regulation",
  "number": "44",
  "heading": "Challenge by reorganisation controller to conduct of insolvency practitioner",
  "text": "(1) The reorganisation controller may apply to the court claiming that a relevant officer is acting, has acted, or proposes to act in a way that fails to comply with a requirement of Part 4 of the principal Regulations.\n(2) The reorganisation controller must send a copy of an application under paragraph (1) to the relevant officer in respect of whom the application is made.\n(3) In the case of a relevant officer who is acting in respect of a member or former member subject to the jurisdiction of a Scottish court, the application must be made to the Court of Session.\n(4) The court may—\n(a) dismiss the application;\n(b) make an interim order;\n(c) make any other order it thinks appropriate.\n(5) In particular, an order under this regulation may—\n(a) regulate the relevant officer's exercise of his functions;\n(b) require that officer to do or not do a specified thing;\n(c) make consequential provision.\n(6) An order may not be made under this regulation if it would impede or prevent the implementation of—\n(a) a voluntary arrangement approved under Part 1 of the 1986 Act or Part 2 of the 1989 Order before the date when the Lloyd's market reorganisation order was made;\n(b) an individual voluntary arrangement approved under Part 8 of that Act or Part 8 of that Order before the date when the Lloyd's market reorganisation order was made; or\n(c) a compromise or arrangement sanctioned by the court before the date when the Lloyd’s market reorganisation order was made which is—\n(i) which is a compromise or arrangement under section 899 or section 901F,\n(ii) a compromise or arrangement sanctioned under section 425 of the Companies Act 1985 (excluding a compromise or arrangement falling within section 427 or 427A of that Act), or\n(iii) a compromise or arrangement sanctioned under Article 418 of the Companies (Northern Ireland) Order 1986 (excluding a compromise or arrangement falling within Article 420 or 420A of that Order).\n(7) In this regulation “relevant officer” means—\n(a) a liquidator,\n(b) a provisional liquidator,\n(c) an administrator\n(d) the official receiver or a trustee in bankruptcy, or\n(e) in Scotland, an interim or permanent trustee or a trustee for creditors,\nwho is appointed in relation to a member or former member.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 44(6)(c) substituted (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), arts. 1(2), 27(12)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Reg. 44(6)(c)(i) substituted (18.7.2020) by The Co-operative and Community Benefit Societies and Credit Unions (Arrangements, Reconstructions and Administration) (Amendment) and Consequential Amendments Order 2020 (S.I. 2020/744), arts. 1, 16(8)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/1998/regulation/44",
    "retrieved_at": "2026-10-29T04:55:38.752001+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."
}