HC Deb 18 July 1985 vol 83 cc537-9

To move the following clause:

`(1) A person on whom a notice is served under section [Notices] above may within twenty-eight days after the date of service give written notice to the relevant authority requiring the case to be referred to the Tribunal referred to in subsection (6) below.

(2) Where a requirement is made in accordance with subsection (1) above, then unless the relevant authority within the period there mentioned—

  1. (a) decides to grant the application or, as the case may be, decides not to withdraw the authorisation; and
  2. (b) gives written notice of that fact to the person by whom the requirement was made, it shall refer the case to the Tribunal.

(3) On a reference under this section the Tribunal shall—

  1. (a) investigate the case; and
  2. (b) make a report to the relevant authority stating what would in their opinion be the appropriate decision in the matter and the reasons for that opinion; and it shall be the duty of the relevant authority to decide the matter accordingly.

I am, again, grateful to the right hon. Member for Govan for tabling amendments (a) and (b) to new clause 10. I am happy to accept amendment (a), because it clarifies which subsection is being referred to, and amendment (b) is accepted in principle, because a person who makes representations may not consider requiring his case to be referred to the tribunal until he is aware of the result of his representations. The amendment will ensure that he has 28 days to act from when he is given notice of the decision. However, there are drafting difficulties with the amendment. I ask the right hon. Gentleman to withdraw that amendment, because we intend to deal with the matter in an amendment to be moved in the House of Lords.

New clause 10 allows a person 28 days in which to require that his case be referred to the tribunal. However, if he does not make that requirement, and assuming that the relevant authority has not been swayed by any written representations lodged within the first 14 days, new clause, 11 requires that the authority must await the expiration of the 28 days appeal period before giving written notice of the refusal or withdrawal.

Amendment No. 182, which amends the Tribunals and Inquiries Act 1981, is necessary to place the insolvency practitioners tribunal under the supervision of the Council on Tribunals. I commend the new clauses and amendments to the House.

Mr. Millan

I do not have to make a speech because the Government agree that my amendments are necessary. I accept that amendment (b) to new clause 10 is inelegant, but I thought there was a deficiency in new clauses 9 and 10. I am glad that that is recognised and that the Minister intends the matter to be put right in another place.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

(4) The Tribunal shall send a copy of the report to the applicant or, as the case may be, the holder of the authorisation; and the relevant authority shall serve him with a written notice of the decision made by it in accordance with the report.

(5) The relevant authority may, if it thinks fit, publish the report of the Tribunal.

(6) For the purposes of this section there shall be a tribunal—

  1. (a) which shall be known as the Insolvency Practitioners Tribunal (in this Part referred to as "the Tribunal"); and
  2. (b) in relation to which the provisions of Schedule 1 to this Act shall apply.'.—[Mr. Fletcher.]

Brought up, and read the First time.

Amendment made: (a) in line 1, after 'under', insert `subsection (2) of—[Mr. Millan.]

Clause, as amended, read a Second time, and added to the Bill.

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