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Insolvency Act 1986
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Changes over time for: Section 390
Alternative versions:
- 01/02/1991- Amendment
- 02/04/2001- Amendment
- 01/04/2002- Amendment
- 01/04/2004- Amendment
- 01/09/2004- Amendment
- 27/09/2005- Amendment
- 01/10/2007- Amendment
- 24/02/2009- Amendment
- 01/10/2009- Amendment
- 28/12/2009- Amendment
- 01/10/2015- Amendment
- 06/04/2016- Amendment
- 30/11/2016- Amendment
- 07/04/2017- Amendment
- 08/07/2021- Amendment
- 04/01/2024- Amendment
Changes to legislation:
Insolvency Act 1986, Section 390 is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act amendment to earlier affecting provision S.I. 1986/1999, art. 3, Sch. 1 Pt. 2 by S.I. 2017/1119 Sch. 3 para. 1
- Act savings and transitional provisions for amendments by S.I. 2022/1166 by S.I. 2022/1172 Regulations
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 41HB(2) words substituted by 2018 c. 14 s. 1(3)(b)
390 Persons not qualified to act as insolvency practitioners.E+W+S
(1)A person who is not an individual is not qualified to act as an insolvency practitioner.
[F1(2)A person is not qualified to act as an insolvency practitioner at any time unless at that time the person is appropriately authorised under section 390A.]
(3)A person is not qualified to act as an insolvency practitioner in relation to another person at any time unless—
(a)there is in force at that time security or, in Scotland, caution for the proper performance of his functions, and
(b)that security or caution meets the prescribed requirements with respect to his so acting in relation to that other person.
(4)A person is not qualified to act as an insolvency practitioner at any time if at that time—
(a)he has been [F2made] bankrupt [F3under this Act or the Insolvency (Northern Ireland) Order 1989] or sequestration of his estate has been awarded and (in either case) he has not been discharged,
[F4(aa)a moratorium period under a debt relief order [F5under this Act or the Insolvency (Northern Ireland) Order 1989] applies in relation of him,]
[F6(b)he is subject to a disqualification order made or a disqualification undertaking accepted under the Company Directors Disqualification Act 1986 or the Company Directors Disqualification (Northern Ireland) Order 2002,]
(c)he is a patient within the meaning of F7. . . [F8section 329(1) of the Mental Health (Care and Treatment)(Scotland) Act 2003][F9or has had a guardian appointed to him under the Adults with Incapacity (Scotland) Act 2000 (asp 4).][F10, or
(d)he lacks capacity (within the meaning of the Mental Capacity Act 2005) to act as an insolvency practitioner.]
[F11(5)A person is not qualified to act as an insolvency practitioner while there is in force in respect of that person—
(a)a bankruptcy restrictions order under this Act, the Bankruptcy (Scotland) Act 1985 [F12or the Bankruptcy (Scotland) Act 2016] or the Insolvency (Northern Ireland) Order 1989, or
(b)a debt relief restrictions order under this Act or that Order.]
Textual Amendments
F1S. 390(2) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 17(2), 115(7); S.I. 2015/1732, art. 2(c)
F2Word in s. 390(4)(a) substituted (6.4.2016) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 19 para. 58; S.I. 2016/191, art. 2 (with art. 3)
F3Words in s. 390(4)(a) inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 115(a)(i), 164(1); S.I. 2015/1689, reg. 2(i) (with Sch. para. 13)
F4S. 390(4)(aa) inserted (24.2.2009 for certain purposes otherwise 6.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 108(3), 148(5), Sch. 20 para. 6(2); S.I. 2009/382, art. 2
F5Words in s. 390(4)(aa) inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 115(a)(ii), 164(1); S.I. 2015/1689, reg. 2(i) (with Sch. para. 13)
F6S. 390(4)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009, (S.I. 2009/1941), arts. 2(1), 8, Sch. 1 para. 78(4) (with art. 10, Sch. 1 para. 84)
F7Words in s. 390(4)(c) repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1)(2), 68, Sch. 6 para. 31(3)(b), Sch. 7 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)
F8Words in s. 390(4)(c) substituted (27.9.2005 for S. and 5.10.2005 otherwise) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 2, Sch. 1 para. 18(3) and The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), arts. 1, 15, Sch. 1 para. 3(3)
F9Words in s. 390(4)(c) inserted (S.) (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 18; S.S.I. 2001/81, art. 3, Sch. 2
F10S. 390(4)(d) and preceding word inserted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 31(3)(c) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)
F11S. 390(5) substituted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 115(b), 164(1); S.I. 2015/1689, reg. 2(i) (with Sch. para. 13)
F12Words in s. 390(5)(a) inserted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 4(8)
Modifications etc. (not altering text)
C1Pt. 13 applied (with modifications) (7.4.2017) by Building Societies Act 1986 (1986 c. 53), Sch. 15A (as amended by S.I. 2017/400, regs. 1(2), 2(4))
C2Pt. 13 applied (with modifications) (7.4.2017) by Friendly Societies Act 1992 (1992 c. 40), Sch. 10 (as amended by S.I. 2017/400, regs. 1(2), 3)
C3Pt. 13 applied (with modifications) (7.4.2017) by Building Societies Act 1986 (1986 c. 53), Sch. 15 (as amended by S.I. 2017/400, regs. 1(2), 2(3))
C4s.390 applied with modifications by S.I. 1986/1999, art. 3, Sch. 1 Pt. II
C5S. 390 applied (with modifications) (17.2.2009 for certain purposes, otherwise 21.2.2009) by Banking Act 2009 (c. 1), ss. 103, 263(1)(2) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch. para. 2 (as amended (7.4.2017) by The Deregulation Act 2015, the Small Business, Enterprise and Employment Act 2015 and the Insolvency (Amendment) Act (Northern Ireland) 2016 (Consequential Amendments and Transitional Provisions) Regulations 2017 (S.I. 2017/400), regs. 1(2), 5(4))
C6S. 390 applied (with modifications) (17.2.2009 for certain purposes, otherwise 21.2.2009) by Banking Act 2009 (c. 1), ss. 145, 263(1)(2) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch. para. 3 (as amended (7.4.2017) by The Deregulation Act 2015, the Small Business, Enterprise and Employment Act 2015 and the Insolvency (Amendment) Act (Northern Ireland) 2016 (Consequential Amendments and Transitional Provisions) Regulations 2017 (S.I. 2017/400), regs. 1(2), 5(10))
C7Ss. 390-391T applied (with modifications) (E.W.S.) (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), regs. 2, 37 (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4, 11)
C8S. 390(2)(3) modified by S.I. 1990/1392, art. 7
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