Translation and Interpreters

March 2008

Part 3 Translation and Interpreters

32.3.30 Translation at a preliminary examination

The officers etc. of liquidated companies and bankrupts have a duty to attend upon the official receiver and provide such information as may reasonably be required [Note 1][Note 2]. If an examinee is unable to provide such information because he/she is unable to speak or understand English (for example if he/she is a non-English speaker or has an aural, verbal or visual disability) he/she should be encouraged to arrange at his/her own expense for an interpreter, friend or family member to be present to assist him/her at the preliminary examination and interview. If the examinee refuses, or through lack of funds is unable, to arrange this, the official receiver should arrange for an interpreter to be present, making use of local resources such as members of his/her staff who are able to provide the appropriate translation, or local support and language groups (volunteer, community, ethnic and charitable groups etc.) where available, before employing professional services which will incur a cost.  Where the case is likely to one of further enquiry a professional interpreter should always be employed. Costs incurred to provide translation are covered by the administration fee as part of the official receiver’s general duties, and should be charged to Vote, not the estate.  If no other interpreter or translator can be found, the Service’s translation contractor (see paragraph 32.3.39) can arrange for an interpreter.  

 

32.3.31 Role of the translator or interpreter

The translator must be asked to translate the questions and answers given without putting his/her interpretation into the translation.  Where the translator is a friend or family member, it must be made clear that the translator must not answer the questions for the interviewee, i.e. the information requested must be provided by the interviewee, not the translator. 

 

32.3.32 Recording assistance of translator/interpreter at a face-to-face interview

The examinee should sign and date the relevant parts of the preliminary information questionnaire (PIQ) and any narrative statement taken as per the instructions in Chapter 11.  Where a translator or interpreter has assisted the examinee, the following declaration should be added to any questionnaire completed or statement given by the examinee, and should be signed and dated by the examinee.

"the contents of this statement have been read to me by [name and address of interpreter] and to the best of my knowledge and belief the information given is a true record of the interview".

The interpreter should also sign and date a declaration at the end of each statement he/she has translated:-

" I have translated the questions asked by the interviewer and the answers given by the interviewee accurately, and the answers given are those provided by the interviewee.  To the best of my knowledge and belief the information given in this statement is a true record of the interview".

 

32.3.33 Translation by an interpreter at a public or private examination

Where a public or private examination is held [note 3][note 4][note 5][note 6] the official receiver will wish to ensure that the examinee fully understands the conduct of the examination proceedings and their implications. If a proposed examinee has indicated that he/she does not understand spoken English or has a disability which may impede their understanding of the examination, as detailed at paragraph 32.3.30, the official receiver should engage an interpreter at any public or private examination. The interpreter should be instructed to translate all of the examination proceedings and where possible the same interpreter should be engaged at any adjourned hearing to provide consistency of approach to the case.

 

32.3.34 Obtaining interpreter prepared to act (court hearings)

The practice for selection of a suitable interpreter varies and the official receiver should continue with local practice (see paragraph 32.3.30 for suggestions as to local sources of interpreters or translators, including family or friends of the person undergoing interview/examination). The official receiver should ensure that the interpreter is fluent in the correct dialect of the requisite language. An interpreter can be provided for court hearings by the Service’s translation contractor (see paragraph 32.3.39)

 

32.3.35 Interpreter/translator required at High Court hearing

For High Court hearings the official receiver should contact the Royal Courts of Justice on 0207 947 6000 to arrange for an interpreter to be present at the hearing. 

See also the Courts Service website at :

www.hmcourts-service.gov.uk/.../index.htm

and the National Register of  Public Service Interpreters at :
www.nrpsi.co.uk/.../index.htm

It will then be a matter of selecting an interpreter who is available on the date of the hearing and is prepared to act having due regard to the charges of each interpreter.

 

32.3.36 Agreement of interpreter’s fees

Once the official receiver has established that the interpreter is available for the hearing date, he/she should agree a fee with the interpreter before employment. The interpreter, if already used to criminal courtwork, should be asked to act for the same scale fee. The Taxing Office of the local crown or magistrates court should be able to provide details of the existing scale fees.

The agreed fee, date, time and place of the hearing should be confirmed in writing with the interpreter. The employment should also be recorded on LOIS (CA08) and the record of handover to any insolvency practitioner liquidator or trustee (form IPROH).

 

32.3.37 Interpreter/translator employed for use in enforcement proceedings

If costs are incurred to obtain an interpreter/translator for enforcement  proceedings,  then the charge should be made to Vote, against the official receiver’s enforcement budget,  or paid by Legal Services Directorate   as appropriate.    To obtain the correct cost centre code and account codes (formerly ledger headings) to be used in relation to such charges, the official receiver should refer to the Finance Handbook on the intranet :

intranet/.../FianceHandbookHome.htm  


 

32.3.38 Attendance by an interpreter at court

The official receiver does not need to make application to the court for the employment of an interpreter. However, the court should be informed in advance that an interpreter is to be present. This will enable the court to allow extra time for the hearing and fix the hearing early in its listings if necessary. Before the commencement of the examination or other hearing the interpreter should be sworn in by the court as follows:-

"I Swear by Almighty God [or I, do solemnly, sincerely and truly declare and affirm] that I will well and faithfully interpret and true explanation make of all such matters and things as shall be required of me according to the best of my skill and understanding".

 

32.3.39 Contract for translation services

(Amended October 2013)

The Service has a contract for the translation services with K-International.  Where a translation is required a request should be sent to insolvencyservicetranslations@k-international.com and the Service Delivery Manager (SDM) of your business area  The SDMs for The Service are- 

  • Stephen Parkinson for OR Services and LTADT.
  • Winifred Wall for Investigations and Enforcement.
  • Wesley Richards for all other business areas.

Where translation is needed the K-International instruction form (found here) should be completed and emailed to the K-International contact and to the SDM for your business area.  The contact email for K-International is insolvencyservicetranslations@k-international.com

Where the request if for a document translation a copy of the document should be attached to the email. K-International can notarise and certify any translation that they provide.  If certification and notarisation is required this must be stipulated in the instruction form to K-International so that they may quote accordingly.

K-International will email a quote for the translation of the document to both the examiner who requested the translation and the SDM for the business area concerned.  The SDM is required to check the quote and if they are in agreement they will give K-International permission to continue.

 

32.3.40 Translation of correspondence

(Amended March 2013)

K-International have confirmed that they will be able to translate correspondence received and any subsequent reply so that The Service is able to meet its targets for dealing with interim and substantive replies to correspondence. Correspondence received in another language is subject to the same targets as that received in English and should therefore be sent to K-International for translation on the date of receipt. If, once the translation is returned, a reply is deemed necessary, sufficient time should be allowed for this to be translated by K-International. 

 

32.3.40a Translation into Welsh (inserted September 2014)

The Insolvency Service does not have its own Welsh Language Scheme and continues to fall under the auspices of the BIS Welsh Language Scheme as one of their Partner organisations. 

We do not routinely publish any of our guidance material in Welsh either in hard copy or online.

If translation of publications/guidance into Welsh is required this can be accommodated by using the translation service referred to in paragraph 32.3.39  

The provision of a Welsh speaking interpreter at a meeting would not routinely be provided, and consideration should be given as to whether an individual will be put at any disadvantage if an interview is conducted in English.

In case of difficulty the Welsh Language Act Team in BIS can be contacted for further advice


 

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