- Latest available (Revised)
- Original (As made)
The Insolvency Practitioners Regulations 2005
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Changes to legislation:
There are currently no known outstanding effects for the The Insolvency Practitioners Regulations 2005,
PART 4
.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
PART 4 E+W+SRecords to be maintained by Insolvency Practitioners — Inspection of Records
Records to be maintained by insolvency practitionersE+W+S
13.—[F1(1) In respect of each case in which an insolvency practitioner acts, the insolvency practitioner shall maintain records containing information sufficient to show and explain—
(a)the administration of that case by the insolvency practitioner and the insolvency practitioner’s staff; and
(b)any decisions made by the insolvency practitioner which materially affect that case.]
(2) Where at any time the records referred to in paragraph (1) do not contain all the information referred to in [F2paragraph (1)], the insolvency practitioner shall forthwith make such changes to the records as are necessary to ensure that the records contains all such information.
F3(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Any records created in relation to a case pursuant to this regulation shall be preserved by the insolvency practitioner until whichever is the later of—
(a)the sixth anniversary of the date of the grant to the insolvency practitioner of his release or discharge in that case; or
(b)the sixth anniversary of the date on which any security or caution maintained in that case expires or otherwise ceases to have effect.
Textual Amendments
F1Reg. 13(1) substituted (1.10.2015) by The Insolvency Practitioners (Amendment) Regulations 2015 (S.I. 2015/391), regs. 1, 3(1)
F2Words in reg. 13(2) substituted (1.10.2015) by The Insolvency Practitioners (Amendment) Regulations 2015 (S.I. 2015/391), regs. 1, 3(2)
F3Reg. 13(3)(4) revoked (1.10.2015) by The Insolvency Practitioners (Amendment) Regulations 2015 (S.I. 2015/391), regs. 1, 3(3)
Notification of whereabouts of recordsE+W+S
F414. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Reg. 14 omitted (1.10.2015) by virtue of The Deregulation Act 2015 (Insolvency) (Consequential Amendments and Transitional and Savings Provisions) Order 2015 (S.I. 2015/1641), art. 3, Sch. 1 para. 5(7) (with arts. 8, 9)
Inspection of recordsE+W+S
15.—(1) Any records maintained by an insolvency practitioner pursuant to this Part shall on the giving of reasonable notice be made available by him for inspection by—
(a)any professional body recognised under section 391 of the Act of which he is a member and the rules of membership of which entitle him to act as an insolvency practitioner;
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)the Secretary of State.
(2) Any person who is entitled to inspect any record pursuant to paragraph (1) shall also be entitled to take a copy of those records.
Textual Amendments
F5Reg. 15(1)(b) omitted (1.10.2015) by virtue of The Deregulation Act 2015 (Insolvency) (Consequential Amendments and Transitional and Savings Provisions) Order 2015 (S.I. 2015/1641), art. 3, Sch. 1 para. 5(8) (with arts. 8, 9)
Inspection of practice recordsE+W+S
F616. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Reg. 16 omitted (1.10.2015) by virtue of The Deregulation Act 2015 (Insolvency) (Consequential Amendments and Transitional and Savings Provisions) Order 2015 (S.I. 2015/1641), art. 3, Sch. 1 para. 5(9) (with arts. 8, 9)
Inspection of records in administration and administrative receivershipsE+W+S
17. On the giving of reasonable notice to the insolvency practitioner, the Secretary of State shall be entitled to inspect and take copies of any records in the possession or control of that insolvency practitioner which—
(a)were required to be created by or under any provision of the Act (or any provision made under the Act); and
(b)relate to an administration or an administrative receivership.
Options/Help
Print Options
PrintThe Whole Instrument
PrintThis Part only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.