Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 3 · Official Assignee, Official Receiver and Insolvency Practitioners
52. Conditions of licence
Feedback & supportIn granting or renewing a licence, the licensing officer may impose such conditions, not inconsistent with the provisions of this Act and any prescribed condition of the licence, as the licensing officer considers requisite or expedient.
officer
“officer”, in relation to a corporation, includes —(a)a director or secretary of the corporation, or a person employed in an executive capacity by the corporation;(b)a receiver and manager of any part of the undertaking of the corporation appointed under a power contained in any instrument; and(c)a liquidator of a company appointed in a voluntary winding up,but does not include —(d)a receiver who is not also a manager;(e)a receiver and manager appointed by the Court;(f)a liquidator appointed by the Court or by the creditors; or(g)a judicial manager appointed under Part 7;
For the purpose of subsection (1), the licensing officer may specify —
conditions applicable to all licensees;
conditions applicable to a specified class of licensees; or
conditions applicable to a specified licensee only.
The licensing officer may at any time add to, vary or revoke any condition of a licence imposed under subsection (1).
Before making any modification to the conditions of a licence, the licensing officer must give notice to the licensee concerned —
licensee
“licensed insolvency practitioner” and “licensee” mean the holder of a licence granted under section 51;
stating that the licensing officer proposes to make the modification in the manner specified in the notice; and
specifying the time (being not less than 14 days after the date of service of the notice) within which the licensee may make written representations to the licensing officer with respect to the proposed modification.
Upon receipt of any written representation mentioned in subsection (4)(b), the licensing officer must consider the representation and may —
reject the representation;
amend the proposed modification in such manner as the licensing officer thinks fit, having regard to the representation; or
withdraw the proposed modification.
Where —
the licensing officer rejects any written representation under subsection (5)(a);
the licensing officer amends any proposed modification to the conditions of the licence under subsection (5)(b); or
no written representation is received by the licensing officer within the time specified by the licensing officer under subsection (4)(b), or any written representation made by the licensee is withdrawn, and the licensee has not given immediate effect to the modification,the licensing officer must issue a direction in writing to the licensee requiring the licensee to give effect, within the time specified by the licensing officer, to the modification as specified in the notice given under subsection (4), or as amended by the licensing officer under subsection (5)(b), as the case may be.