Remedy
Start free

Section 391D: Directions

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

Part XIII: Insolvency Practitioners and their Qualification

This section applies if the Secretary of State is satisfied that an act or omission of a recognised professional body (or a series of such acts or omissions) in discharging one or more of its regulatory functions has had, or is likely to have, an adverse impact on the achievement of one or more of the regulatory objectives.

The Secretary of State may, if in all the circumstances of the case satisfied that it is appropriate to do so, direct the body to take such steps as the Secretary of State considers will counter the adverse impact, mitigate its effect or prevent its occurrence or recurrence.

A direction under this section may require a recognised professional body—

to take only such steps as it has power to take under its regulatory arrangements;
to take steps with a view to the modification of any part of its regulatory arrangements.

A direction under this section may require a recognised professional body—

to take steps with a view to the institution of, or otherwise in respect of, specific regulatory proceedings;
to take steps in respect of all, or a specified class of, such proceedings.

For the purposes of this section, a direction to take steps includes a direction which requires a recognised professional body to refrain from taking a particular course of action.

In this section "regulatory arrangements", in relation to a recognised professional body, means the arrangements that the body has for or in connection with—

authorising persons to act as insolvency practitioners, or
regulating persons acting as insolvency practitioners.

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.