# The Insurers (Reorganisation and Winding Up) (Lloyd's) Regulations 2005, Regulation 44: Challenge by reorganisation controller to conduct of insolvency practitioner

Extent: E+W+S+N.I.

(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.
(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.
(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.
(4) The court may—
(a) dismiss the application;
(b) make an interim order;
(c) make any other order it thinks appropriate.
(5) In particular, an order under this regulation may—
(a) regulate the relevant officer's exercise of his functions;
(b) require that officer to do or not do a specified thing;
(c) make consequential provision.
(6) An order may not be made under this regulation if it would impede or prevent the implementation of—
(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;
(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
(c) a compromise or arrangement sanctioned by the court before the date when the Lloyd’s market reorganisation order was made which is—
(i) which is a compromise or arrangement under section 899 or section 901F,
(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
(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).
(7) In this regulation “relevant officer” means—
(a) a liquidator,
(b) a provisional liquidator,
(c) an administrator
(d) the official receiver or a trustee in bankruptcy, or
(e) in Scotland, an interim or permanent trustee or a trustee for creditors,
who is appointed in relation to a member or former member.

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Source: https://www.legislation.gov.uk/uksi/2005/1998/regulation/44 (the official version)
Page: https://openlegislation.uk/insurers-reorganisation-and-winding-up-lloyds-regulations-2005/regulation-44
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.