HOME

TheInfoList



OR:

The Insolvency Service is an executive agency of the Department for Business, Energy and Industrial Strategy with headquarters in London. It has around 1,700 staff, operating from 22 locations across Great Britain. The Insolvency Service administers compulsory company liquidations and personal bankruptcies and deals with misconduct through investigation of companies and enforcement. It also makes redundancy payments in cases where a company is insolvent.


Responsibilities

It is responsible for authorising and regulating the insolvency profession. They: * administer and look into the affairs of bankrupts, people subject to debt relief orders, and liquidated companies, making reports of any directors’ misconduct * carry out investigations into live companies * act as trustee/liquidator where no private sector insolvency practitioner is in place * act as nominee and supervisor in fast-track individual voluntary arrangements * deal with the disqualification of unfit directors in all corporate failures * deal with bankruptcy and debt relief restrictions orders and undertakings * advise BIS ministers and other government departments and agencies on insolvency, redundancy and related issues * issue redundancy payments via the National Insurance Fund * provide information on insolvency and redundancy matters


Working under the Insolvency Acts

The Insolvency Service operates under a statutory framework – mainly the
Insolvency Act 1986 The Insolvency Act 1986c 45 is an Act of the Parliament of the United Kingdom that provides the legal platform for all matters relating to personal and corporate insolvency in the UK. History The Insolvency Act 1986 followed the publication and ...
, the Insolvency Act 2000, the
Company Directors Disqualification Act 1986 The Company Directors Disqualification Act 19861986 c. 46 forms part of UK company law and sets out the procedures for company directors to be disqualified in certain cases of misconduct. History Lord Millett, in the opinion he gave in , summar ...
and the
Employment Rights Act 1996 The Employment Rights Act 1996 (c. 18) is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law. History Previous statutes, dating from the Contracts of Employmen ...
. Insolvency Service staff are based across the UK in a network of 38
official receiver An officer of the Insolvency Service of the United Kingdom, an official receiver (OR) is an officer of the court to which they are attached. The OR is answerable to the courts for carrying out the courts' orders and for fulfilling their duties ...
offices throughout England and Wales;


Expansion of the Insolvency Service

On 1 April 2006, Companies Investigation Branch of BERR transferred to the service and is based in offices in both London and Manchester. The new
debt relief order Debt relief orders (DROs) are a simplified, quicker and cheaper alternative to bankruptcy as an insolvency measure in the United Kingdom, which came into effect in England and Wales on 6 April 2009, and are also offered in Northern Ireland. Debt r ...
s which came into force on 6 April 2009 under the
Tribunals, Courts and Enforcement Act 2007 The Tribunals, Courts and Enforcement Act 2007 is an Act of the Parliament of the United Kingdom. It provides for several diverse matters relating to the law, some of them being significant changes to the structure of the courts and fundamental ...
are not dealt with by official receivers' offices but at the service's Plymouth office. In April 2003, the Redundancy Payments Service transferred to the Insolvency Service. This enabled a joined-up approach to company failure and any consequential redundancies to be had and this is demonstrated on a frequent basis.


Governance

The Agency Chief Executive is the Agency Accounting Officer and is responsible for the day-to-day running of the Service. Dean Beale succeeded Sarah Albon on 4 November 2020. The Insolvency Service Board is responsible for the long-term success of the agency. This includes: * setting strategic aims and objectives * making sure that leadership and resources are in place to meet these aims * challenging and supporting management performance * reporting to BIS


Board members

The board is made up of both executive and non-executive members. The executive members are: * Dean Beale, Inspector General and Chief Executive * Alec Pybus, Chief Operating Officer * Chris Pleass, Finance and Commercial Director * Angela Crossley, Interim Strategy and Change Director * Dan Goad, People and Capability Director The non-executive members are: * Stephen Allinson, Chair * Alan Graham * Richard Oirschot * Mary Chapman * William Trower QC


See also

*
Administration order As a legal concept, administration is a procedure under the insolvency laws of a number of common law jurisdictions, similar to bankruptcy in the United States. It functions as a rescue mechanism for insolvent entities and allows them to carry o ...
*
Administrative receivership In law, receivership is a situation in which an institution or enterprise is held by a receiver—a person "placed in the custodial responsibility for the property of others, including tangible and intangible assets and rights"—especially in ca ...
*
Bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor ...
*
Liquidation Liquidation is the process in accounting by which a company is brought to an end in Canada, United Kingdom, United States, Ireland, Australia, New Zealand, Italy, and many other countries. The assets and property of the company are redistrib ...
*
Protected trust deed A protected trust deed, overseen by the Accountant in Bankruptcy, is a voluntary but formal arrangement that is used by Scottish residents where a debtor (who can be a natural person or partnership) grants a ''trust deed'' in favour of the trus ...
(only available in Scotland) *
Simplified individual voluntary arrangement In the United Kingdom, a simplified IVA (SIVA) was a proposed new form of IVA ( individual voluntary arrangement), which would have been a formal alternative of clearing debt without being declared bankrupt. The new regime was likely to have been ...
*
United States Trustee Program The United States Trustee Program is a component of the United States Department of Justice that is responsible for overseeing the administration of bankruptcy cases and private trustees. The applicable federal law is found at and , et seq. In ...


References


External links

* {{Authority control Executive agencies of the United Kingdom government Bankruptcy in England and Wales Insolvency law of the United Kingdom Department for Business, Innovation and Skills