(1) In this Part—
. . .
“the 1986 Act” means the Insolvency Act 1986;
“the 1989 Order” means the Insolvency (Northern Ireland) Order 1989;
[“the 2016 Act” means the Bankruptcy (Scotland) Act 2016;]
“body” means a body of persons—
(a) over which the court has jurisdiction under any provision of, or made under, the 1986 Act (or the 1989 Order); but
(b) which is not a building society, a friendly society or [a registered society]; and
(a) the court having jurisdiction for the purposes of the 1985 Act or the 1986 Act; or
(b) in Northern Ireland, the High Court;
[“creditors' decision procedure” has the meaning given by section 379ZA(11) of the 1986 Act;]
[“PRA-regulated person” means a person who—
(a) is or has been a PRA-authorised person,
(b) is or has been an appointed representative whose principal (or one of whose principals) is, or was, a PRA-authorised person, or
(c) is carrying on or has carried on a PRA-regulated activity in contravention of the general prohibition];
[“qualifying decision procedure” has the meaning given by section 246ZE(11) of the 1986 Act].
(2) In this Part “insurer” has such meaning as may be specified in an order made by the Treasury.
[(1) Where a voluntary arrangement has effect under Part I of the 1986 Act in respect of a company or insolvent partnership which is an authorised person, [or recognised investment exchange, the appropriate regulator] may apply to the court under section 6 or 7 of that Act.]
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a tendency to•and is intended to
The roles of nominated officer and money laundering reporting officerA nominated officer is an individual who is nominated by a firm to receive disclosures under Part 7 of the Proceeds of Crime Act 2002 (POCA 2002) or Part III of the Terrorism Act 2000 (TA 2000)—see Requirement to appoint a
Competency—general ruleThe most common way for evidence to be adduced is through the testimony of a witness. A witness is said to be competent if they can, as a matter of law, be called by a party to give evidence. All people are deemed competent to give evidence, whatever their age, at every stage
0330 161 1234