Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 3 · Official Assignee, Official Receiver and Insolvency Practitioners
59. Appeal to Minister
Feedback & supportAny person whose application for a licence, or for the renewal of a licence, has been refused by the licensing officer may, within the appeal period after being notified of such refusal, appeal against the refusal in the prescribed manner to the Minister.
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;
Where a licence is granted or renewed by the licensing officer subject to conditions, or where any condition is added or varied under section 52(3), the licensee concerned may, within the appeal period after being notified of such conditions, addition or variation, appeal against the conditions in the prescribed manner to the Minister.
licensee
“licensed insolvency practitioner” and “licensee” mean the holder of a licence granted under section 51;
If the licensing officer has made any order under section 56(1) or (2) in respect of any licensee, the licensee may, within the appeal period after being served with the notice of the order, appeal against the order in the prescribed manner to the Minister.
Minister
“Minister” means —(a)except as provided in paragraph (b), the Minister charged with the responsibility for administration of affairs of insolvent persons and insolvent companies; and(b)for the purposes of sections 124(1)(g) and (2)(c), 125(5), 127(3) and 198, the Minister charged with the responsibility for registration of companies;
In any appeal under this section against any decision or order of the licensing officer made consequent upon the conviction of the licensee for a criminal offence, the Minister must accept the licensee’s conviction as final and conclusive.
An appeal under this section against any decision or order of the licensing officer (except an order mentioned in section 56(6)) does not stay the decision or order appealed against or prevent the taking of action to implement the decision or order, and the decision or order appealed against must be complied with until the determination of the appeal.
The Minister’s decision on an appeal under this section is final.
In this section, “appeal period” means 30 days or such longer period as the Minister allows in a particular case, whether allowed before or after the end of the 30 days.