Section 391C: Meaning of "regulatory functions" and "regulatory objectives"

Insolvency Act 1986 · 1986 c. 45View on legislation.gov.uk

Part XIII: Insolvency Practitioners and their Qualification

This section has effect for the purposes of this Part.

"Regulatory functions", in relation to a recognised professional body, means any functions the body has—

under or in relation to its arrangements for or in connection with—
authorising persons to act as insolvency practitioners, or
regulating persons acting as insolvency practitioners, or
in connection with the making or alteration of those arrangements.

"Regulatory objectives" means the objectives of—

having a system of regulating persons acting as insolvency practitioners that—
secures fair treatment for persons affected by their acts and omissions,
reflects the regulatory principles, and
ensures consistent outcomes,
encouraging an independent and competitive insolvency-practitioner profession whose members—
provide high quality services at a cost to the recipient which is fair and reasonable,
act transparently and with integrity, and
consider the interests of all creditors in any particular case,
promoting the maximisation of the value of returns to creditors and promptness in making those returns, and
protecting and promoting the public interest.

In subsection (3)(a), "regulatory principles" means—

the principles that regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed, and
any other principle appearing to the body concerned (in the case of the duty under section 391B(1)), or to the Secretary of State (in the case of the duty under section 391B(2)), to lead to best regulatory practice.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.