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Rule 17: Insolvency practice
[;BEGIN MATTER INSERTED ON 6 OCTOBER 2011;] The Solicitors' Code of Conduct 2007 has been replaced on the 6 October 2011 by the SRA Code of Conduct 2011 as part of the introduction of outcomes-focused regulation. [;END INSERTED MATTER;]
Go to SRA Handbook
[;BEGIN MATTER INSERTED ON 31 MARCH 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Rule 17 of the Code of Conduct was amended on 31 March 2009 as part of a general updating of the rules to introduce firm-based regulation and legal disciplinary practices as provided for in the Legal Services Act 2007. [;END INSERTED MATTER;]
Introduction
If you are a solicitor or an REL, and an insolvency practitioner in a firm, rule 17 applies to you when you accept appointments and act as an appointment holder. Rule 17 should be read in conjunction with [;BEGIN MATTER DELETED ON 31 MARCH 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]The Practice of Insolvency: a Guide to Professional Conduct and Ethics [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 31 MARCH 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]the Code of Ethics [;END INSERTED MATTER;]produced by the Joint Insolvency Committee and adopted by all recognised professional bodies (RPBs) including the Solicitors Regulation Authority. The purpose of [;BEGIN MATTER DELETED ON 31 MARCH 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]this Guide [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 31 MARCH 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]the Joint Insolvency Committee's Code of Ethics [;END INSERTED MATTER;] is to ensure your independence and objectivity when acting as an appointment holder and that you can identify and avoid conflicts of interest. The rule does not apply to your overseas practice except in relation to appointments appertaining to orders made in the courts of England and Wales.
Rule
17.01
If you are a solicitor or an REL you must, when accepting an appointment or acting as an appointment holder as an insolvency practitioner, comply with [;BEGIN MATTER DELETED ON 31 MARCH 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]The Practice of Insolvency: a Guide to Professional Conduct and Ethics [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 31 MARCH 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]the Code of Ethics [;END INSERTED MATTER;]produced by the Joint Insolvency Committee and adopted by the [;BEGIN MATTER DELETED ON 31 MARCH 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Board of the [;END DELETED MATTER;]Solicitors Regulation Authority [;BEGIN MATTER INSERTED ON 31 MARCH 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Board [;END INSERTED MATTER;].
Guidance to rule 17 – Insolvency practice
- 1.
You must comply with the requirements of the Insolvency Act 1986 and other relevant legislation in relation to accepting appointments and acting as an appointment holder.
- 2.
You should have regard to the other guidance and best practice promulgated from time to time by the [;BEGIN MATTER DELETED ON 31 MARCH 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Law Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 31 MARCH 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]SRA [;END INSERTED MATTER;] as an RPB on all issues relating to appointment holding, including professional independence.
Rule 17: Insolvency practice
[;BEGIN MATTER INSERTED ON 6 OCTOBER 2011;] The Solicitors' Code of Conduct 2007 has been replaced on the 6 October 2011 by the SRA Code of Conduct 2011 as part of the introduction of outcomes-focused regulation. [;END INSERTED MATTER;]
Go to SRA Handbook
[;BEGIN MATTER INSERTED ON 31 MARCH 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Rule 17 of the Code of Conduct was amended on 31 March 2009 as part of a general updating of the rules to introduce firm-based regulation and legal disciplinary practices as provided for in the Legal Services Act 2007. [;END INSERTED MATTER;]
Introduction
If you are a solicitor or an REL, and an insolvency practitioner in a firm, rule 17 applies to you when you accept appointments and act as an appointment holder. Rule 17 should be read in conjunction with [;BEGIN MATTER DELETED ON 31 MARCH 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]The Practice of Insolvency: a Guide to Professional Conduct and Ethics [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 31 MARCH 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]the Code of Ethics [;END INSERTED MATTER;]produced by the Joint Insolvency Committee and adopted by all recognised professional bodies (RPBs) including the Solicitors Regulation Authority. The purpose of [;BEGIN MATTER DELETED ON 31 MARCH 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]this Guide [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 31 MARCH 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]the Joint Insolvency Committee's Code of Ethics [;END INSERTED MATTER;] is to ensure your independence and objectivity when acting as an appointment holder and that you can identify and avoid conflicts of interest. The rule does not apply to your overseas practice except in relation to appointments appertaining to orders made in the courts of England and Wales.
Rule
17.01
If you are a solicitor or an REL you must, when accepting an appointment or acting as an appointment holder as an insolvency practitioner, comply with [;BEGIN MATTER DELETED ON 31 MARCH 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]The Practice of Insolvency: a Guide to Professional Conduct and Ethics [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 31 MARCH 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]the Code of Ethics [;END INSERTED MATTER;]produced by the Joint Insolvency Committee and adopted by the [;BEGIN MATTER DELETED ON 31 MARCH 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Board of the [;END DELETED MATTER;]Solicitors Regulation Authority [;BEGIN MATTER INSERTED ON 31 MARCH 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Board [;END INSERTED MATTER;].
Guidance to rule 17 – Insolvency practice
- 1.
You must comply with the requirements of the Insolvency Act 1986 and other relevant legislation in relation to accepting appointments and acting as an appointment holder.
- 2.
You should have regard to the other guidance and best practice promulgated from time to time by the [;BEGIN MATTER DELETED ON 31 MARCH 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Law Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 31 MARCH 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]SRA [;END INSERTED MATTER;] as an RPB on all issues relating to appointment holding, including professional independence.