Section 11 of Insolvency Act CAP 53: Right to appeal against decisions of Official Receiver

    

(1) A person whose application for an authorisation to act as an insolvency practitioner is refused may appeal to the Court against the refusal.
(2) A person whose authorisation to act as insolvency practitioner is revoked otherwise than at the person's request or with the person's consent may appeal to the Court against the refusal.
(3) Such an appeal may be entertained only if—
(a) it is lodged with the Court within thirty days after the decision of the Official Receiver refusing the application or revoking the authorisation is notified to the applicant or holder of the authorisation, or within such extended period as the Court may allow; and
(b) is in the form, and complies with any other requirements, prescribed by the insolvency regulations for the purposes of this section.
(4) The Official Receiver is entitled to be served with a copy of the appeal and to appear at the hearing of the appeal as respondent.
(5) On the hearing of an appeal lodged in accordance with this section, the Court shall, if it considers that the refusal of the appellant's application, or the revocation of the appellant's authorisation,
was not warranted, make an order quashing the decision of the Official Receiver refusing the application, or revoking the authorisation, but otherwise, it shall make an order confirming the Official Receiver's decision.
(6) The Court may make such ancillary or consequential orders as it considers appropriate, including an order as to payment of costs of the appeal proceedings.


Disclaimer: This document is not to be taken as legal advise.

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