Personal Insolvency Act 2012

180.

Investigations.

180.— (1) Subject to section 178(2) and (4), the Insolvency Service—

( a) shall, following the receipt of a complaint, or may of its own volition, cause such investigation as it deems appropriate to be carried out to identify any improper conduct, and

( b) for the purposes of the investigation, shall appoint an inspector subject to such terms as it deems appropriate—

(i) to carry out the investigation, and

(ii) to prepare an investigation report following the completion of the investigation and to furnish it to the persons referred to in subsection (4).

(2) The Insolvency Service may appoint more than one inspector to carry out an investigation but, in any such case, the investigation report concerned shall be prepared jointly by the inspectors so appointed.

(3) The terms of appointment of an inspector may define the scope of the investigation to be carried out by the inspector, whether as respects the matters or the period to which it is to extend or otherwise, and in particular may limit the investigation to matters connected with particular circumstances.

(4) Where the Insolvency Service has appointed an inspector to carry out an investigation, the inspector shall, as soon as is practicable after being so appointed—

( a) if the investigation arises in consequence of the receipt of a complaint by the Insolvency Service—

(i) give notice in writing to the personal insolvency practitioner to whom the complaint relates of the receipt of the complaint and setting out particulars of the complaint, and

(ii) give the personal insolvency practitioner—

(I) copies of any documents relevant to the investigation, and

(II) a copy of this Part,

( b) if the investigation arises on the volition of the Insolvency Service—

(i) give notice in writing to the personal insolvency practitioner concerned of the matters to which the investigation relates, and

(ii) give the personal insolvency practitioner—

(I) copies of any documents relevant to the investigation, and

(II) a copy of this Part,

and

(iii) without prejudice to the generality of section 181 , afford the personal insolvency practitioner an opportunity to respond within 21 days from the day on which notice was given to the personal insolvency practitioner pursuant to subparagraph (i), or such further period not exceeding 30 days as the inspector allows, to the matter to which the investigation relates.

(5) Where an investigation arises in consequence of the receipt of a complaint by the Insolvency Service, the inspector appointed to carry out the investigation—

( a) shall, as soon as is practicable, give the complainant a copy of the notice referred to in subsection (4)(a)(i) given to the personal insolvency practitioner to whom the complaint relates, and

( b) shall make reasonable efforts to ensure that the complainant is kept informed of progress on the investigation.