The Insolvency Service is an executive agency of the
Department for Business and Trade
The Department for Business and Trade (DBT) is a Departments of the Government of the United Kingdom, ministerial department of the Government of the United Kingdom. It was established on 7 February 2023 by a February 2023 British cabinet resh ...
with headquarters in London. It has around 1,700 staff, operating from 22 locations across the UK.
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
The Insolvency Service 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 1986 (c. 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 ...
, the
Insolvency Act 2000, the
Company Directors Disqualification Act 1986
The Company Directors Disqualification Act 1986 (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 , summari ...
and the
Employment Rights Act 1996
The Employment Rights Act 1996 (c. 18) is a United Kingdom Act of Parliament (United Kingdom), Act of Parliament passed by the Conservative Party (UK), Conservative government to codify existing law on individual rights in UK labour law.
Histo ...
. Insolvency Service staff are based across the UK in a network of 38
official receiver 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 orders which came into force on 6 April 2009 under the
Tribunals, Courts and Enforcement Act 2007
The Tribunals, Courts and Enforcement Act 2007 (c. 15) 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 fund ...
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
*
Administrative receivership
*
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 deb ...
*
Liquidation
Liquidation is the process in accounting by which a Company (law), company is brought to an end. The assets and property of the business are redistributed. When a firm has been liquidated, it is sometimes referred to as :wikt:wind up#Noun, w ...
*
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 favor of the trus ...
(only available in Scotland)
*
Simplified individual voluntary arrangement
*
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.
I ...
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
Department for Business and Trade