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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 18 July 2020 - onwards
Version 4 of 4

Regulation 44 Challenge by reorganisation controller to conduct of insolvency practitioner

(1) The reorganisation controller may apply to the court claiming that a relevant officer is acting, has acted, or proposes to act in a way that fails to comply with a requirement of Part 4 of the principal Regulations.

(2) The reorganisation controller must send a copy of an application under paragraph (1) to the relevant officer in respect of whom the application is made.

(3) In the case of a relevant officer who is acting in respect of a member or former member subject to the jurisdiction of a Scottish court, the application must be made to the Court of Session.

(4) The court may -

(a) dismiss the application;

(b) make an interim order;

(c) make any other order it thinks appropriate.

(5) In particular, an order under this regulation may -

(a) regulate the relevant officer's exercise of his functions;

(b) require that officer to do or not do a specified thing;

(c) make consequential provision.