Personal Insolvency Act 2012

Approved intermediaries.

47.— (1) The Insolvency Service may authorise a person, or a class of person, to perform the functions of an approved intermediary under this Chapter.

(2) An approved intermediary shall not charge a debtor referred to in section 27 (1) any fee in connection with the performance by the approved intermediary of his or her functions under this Chapter.

(3) An approved intermediary is not liable in damages to any person for anything done or omitted to be done when acting (or purporting to act) as an approved intermediary under this Chapter.

(4) Subsection (3) shall not apply if the act or omission concerned was in bad faith.

(5) The Insolvency Service, with the consent of the Minister, may and, if directed by the Minister to do so and in accordance with the terms of the direction, shall, following consultation with any other person or body as the Insolvency Service thinks appropriate or as the Minister directs, prescribe the criteria for authorisation of persons as approved intermediaries under this section, having regard to—

(a) the experience, qualification, training and expertise required for the performance of the functions of an approved intermediary under this Chapter, and

(b) the need to ensure the protection of debtors who are or may become specified debtors under this Chapter.

(6) Regulations under subsection (5) may provide for the withdrawal of an authorisation of a person where he or she no longer meets the criteria for such an authorisation prescribed in those regulations.

(7) The Insolvency Service may, out of the proceeds of fees charged under section 20 , make payments to an approved intermediary in connection with the performance of his or her functions under this Chapter.