Ch 10: Custody, Storage, Preservation and Destruction of Records (July 2006)

Chapter 10

July 2006

10.1 INTRODUCTION

This chapter provides details of the official receiver's duty to deal with the insolvent's records and the procedures that should be applied in dealing with those records in the different circumstances of types of cases. It is divided into parts as follows:

Part 1 - The official receivers statutory duties and legislative framework (paragraphs 10.1 to 10.7)

Part 2 - Obtaining custody of records (paragraphs 10.8 to 10.23)

Part 3 - Listing of records (paragraphs 10.24 to 10.30)

Part 4 - Storage (paragraphs 10.31 to 10.37)

Part 5 - Preservation and destruction of records in investigation cases (paragraphs 10.38 to 10.44)

Part 6 - Preservation and destruction of records all cases (paragraphs 10.45 to 10.68)

Part 7 - Records subject to a lien (paragraphs 10.69 to 10.81)

Part 8 - Records with insolvency practitioners (paragraphs 10.82 to 10.86)

Part 9 - Storage and destruction of official receiver's files (April 2012) (paragraphs 10.87 to 10.89)

 

In addition, the chapter has the following annexes (inserted April 2012):

Annex A – Practical advice for transferring books and records to insolvency practitioners (produced by ORBS)

Annex B – Filing Code of Practice (produced by ORBS)

Annex C – Case related destruction overview document (produced by ORBS)

 

The following abbreviations are used in this chapter:

BRO - Bankruptcy restrictions order

CAR - Case assessment record

CDDA86 - Company Directors Disqualification Act 1986

DLO - Disclosure liaison officer

DPA - Data Protection Act 1998

EA2002 - Enterprise Act 2002

IPA - Income payments agreement

IPO - Income payments order

IVA - Individual voluntary arrangement

PIQ - Preliminary information questionnaire

PIQDP - Preliminary information questionnaire - debtor's petition

 

[Onto Part 1 - The official receivers statutory duties and legislative framework]