September 2007

CHAPTER 47: DISCLOSURE OF INFORMATION (INCLUDING INSPECTION AND PRODUCTION OF RECORDS)

Where the official receiver is acting in the capacity of statutory office holder and is holding information solely as a consequence of that, the Freedom of Information Act 2000 will not apply to requests for that information. Instead the contents of this chapter must be considered. The Data Protection Act 1998 provisions must be taken into account before the disclosure of any personal information. (The official receiver is acting as a statutory office holder when he/she is provisional liquidator, liquidator, interim receiver, receiver and manager, trustee, nominee in a FTVA or a supervisor in a voluntary arrangement, and also if carrying out an investigation under sections 132 or 289 (regardless of whether he/she is still liquidator or trustee). The Freedom of Information Act 2000 provisions apply to information held by the official receiver whilst acting in other capacities as well as to information held by Insolvency Service . Reference should be made to chapter 81 - Freedom of Information Act 2000, parts 1 and 2.

Note: This chapter deals with the disclosure of information by the official receiver generally and during the course of civil proceedings in particular (except disqualification proceedings, guidance on which may be obtained from the Authorisations Team). Guidance on disclosure in criminal cases may also be obtained from the Investigations and Enforcement Technical Team.

47. 1 Introduction

This chapter is divided into 9 parts as follows:

Part 1 - Introduction to privilege and confidentiality (paragraphs 47.2 - 47.6).

Part 2 - Civil proceedings (paragraphs 47.7 - 47.30).

Part 3 - Regulatory organisations (paragraphs 47.31- 47.39).

Part 4 - Disclosure of information on handover to liquidator/trustee (paragraphs 47.40 - 47.46).

Part 5 - Narrative statements and preliminary examination questionnaires (paragraphs 47.47 - 47. 58).

Part 6 - Accounting records (paragraphs 47.59 - 47.66).

Part 7 - Inspection and disclosure of court file (paragraphs 47.67 - 47.70).

Part 8 - Disclosure and solicitors, accountants, banks and the Inland Revenue (paragraphs 47.71 - 47.79(m)).

Part 9 - Miscellaneous (paragraphs 47.80 - 47.86).

The following abbreviations are used in this chapter:-

CPR – Civil Procedure Rules 1998

FSA –  The Financial Services Authority

FSMA – The Financial Services and Markets Act 2000

FSCS – The Financial Services Compensation Scheme

BIS – The Department for Business, Innovation and Skills

SFO – Serious Fraud Office

HMRC – HM Revenue and Customs

IIR – Individual Insolvency Register

NICO – National Insurance Contributions Office

GRA – Gender Recognition Act 2004

Note: The notes references in this chapter have been updated to reflect the changes made to the Insolvency Rules as a result of the Insolvency (Amendment) Rules 2010 which came into force on 6 April 2010.

[On to Part 1 - Introduction to privilege and confidentiality]