OFFICIAL RECEIVER’S ROLE IN RELATION TO THE INDIVIDUAL INSOLVENCY REGISTER (IIR)

PART 2

November 2014

OFFICIAL RECEIVER’S ROLE IN RELATION TO THE INDIVIDUAL INSOLVENCY REGISTER (IIR) 

26.18 Official receiver’s role in relation to the IIR – general

As covered in Part 1, the IIR draws much of its data from ISCIS and it is therefore important that ISCIS is completed accurately, and in a timely manner, to assist in meeting statutory obligations in respect of the IIR and to ensure that the IIR is a useful tool for the provision of insolvency information to the public.

In particular, the official receiver should see that the following case events/details are recorded accurately:

 

26.19 Official receiver’s role in dealing with personal searches of the IIR

Although the majority of searches of the IIR are conducted on-line, the legislation provides that a facility for personal searches is available Monday to Friday, 9am to 5pm (except bank holidays).  The network of official receiver’s offices provides this facility (see paragraph 26.4).

Where a member of the public attends to conduct a search of the IIR, he/she should be provided with copies of reports of all matches identical to the name provided in the search request even if the date of birth is not known.  Where a search returns an unworkably large number of results, the searcher may be asked to provide further details (for example, the date of birth) to aid in further identification, if required.

 

26.20 Care to be taken to only provide information or records appearing on IIR

Where a person makes a search of the IIR, whether personally (see paragraph 26.4) or by telephone, the official receiver should take care to only provide information that is on the IIR.  Whilst there might be a temptation, from a customer care point of view, to assist by looking for (further) details on ISCIS, this should be avoided. 

The official receiver may instead refer the enquirer to the insolvency section of the website of the London Gazette (https://www.thegazette.co.uk/insolvency), which contains current and historical bankruptcy information.

Care, however, should be taken in respect of the affairs of an individual whose address has been withheld (see paragraph 26.9).

Where an enquirer has an apparently good reason for seeking information beyond that available on the IIR or from the Gazette, they should write in and the official receiver should consider carefully whether to release the requested information, taking into account the guidance in Chapters 81A, concerning data protection, and 47, concerning confidentiality.    

 

26.21 Accurate recording of bankrupt’s personal information important

It is, of course, important that all information on ISCIS is recorded accurately and in a timely manner, but this is doubly important in respect of those personal details that are transferred from ISCIS into the IIR.  Precise recording of the date of birth is particularly important as this is often a key identifying feature for searchers.

 

26.22 Recording annulment and rescission information

The legislation provides that bankruptcy details are removed from the IIR following the making of an annulment order.  At what point the information is removed depends on when the petition was presented, and the grounds for the annulment (see paragraphs 26.10 to 26.11).

It is therefore important that the fact and date of annulment and the grounds for the annulment are recorded on ISCIS accurately and in a timely manner.

Guidance on how this is achieved practically is in the ISCIS Protocols and User Guidance.

 

26.23 Recording information relating to stays of advertisement or proceedings

The court has the power to stay all or part of the insolvency proceedings (see Chapter 6, Part 2).  Where a stay of advertisement (see paragraphs 6.25 and 6.28) or stay of proceedings is granted by the court, it is important that details are recorded immediately so that bankruptcy details do not appear, or are removed from, the IIR.

Guidance on how this is achieved practically is in the ISCIS Protocols and User Guidance.

 

26.24 Recording information relating to stays of advertisement or proceedings obtained subsequent to an annulment or rescission

Where the bankrupt obtains a stay of proceedings or stay of advertisement prior to obtaining an annulment of the bankruptcy order, details of the bankruptcy will be withheld from the IIR.  When the annulment is granted the stay will be lifted and the details of the bankruptcy will then appear on the IIR for the requisite time (see paragraphs 26.10 to 26.11).  This might cause difficulties for the bankrupt, particularly in cases where the order was annulled on the grounds that it ought not to have been made and the stay was intended to protect the bankrupt’s business and/or reputation.  It is open to the bankrupt to obtain a further (post annulment) stay to prevent this (see paragraphs 6.49A and 6A.100B).

Where such a further stay is granted, the official receiver should take immediate steps to record on ISCIS that the stay has been granted/extended to ensure that details of the bankruptcy are withheld from the IIR.

 

26.25 Recording fact and date of an individual’s death

As outlined in paragraph 26.15, the Secretary of State has a duty to record the fact and date of death of any individual in respect of whom information is held on the IIR.

In practice, it will generally be the official receiver who will receiver notice of the death of a debtor and he/she should update ISCIS as soon a practicable to ensure that the information is fed through to IIR.

This is achieved on the Case header tab of the ISCIS case, select ‘Update’ then ‘Update Case Party’ then select the drop/down box ‘Deceased’ and alter the default ‘No’ to ‘Yes’ and then insert the appropriate date of death in the ‘Date of deceased’ box, immediately below.

 

26.26 Recording that bankrupt’s address is withheld – including in relation to a BRO/BRU

Where the court makes an order that an individual’s address is withheld from the IIR (see paragraph 26.9), the official receiver should immediately note ISCIS to show that the address is withheld as this will feed through to the IIR.

This is achieved by selecting the Case Header tab of the ISCIS case, and then selecting ‘Update’ and selecting the tick box ‘Address Withheld’.

The official receiver should also ensure when issuing any bankruptcy restriction proceedings that the application complies with the court order and that, if applicable, the current address does not appear on the bankruptcy restrictions register if an undertaking is given or an order made. In appropriate cases the attention of the Authorisations Team Bankruptcy should be drawn to the court order restricting disclosure of the current address when reporting the result of a bankruptcy restrictions hearing or a bankrupt’s consent to a bankruptcy restrictions undertaking.

 

26.27 Recording commencement and cessation of BRO, BRU, DRRO or DRRU

Where the court makes a BRO or DRRO, or where the bankrupt or debtor enters into a BRU or DRRU (see paragraph 26.8), the official receiver should immediately record the relevant details in ISCIS to ensure that the information is fed through to the IIR.

The information to be recorded should include any change in tariff or variance of the BRU/DRRU.

To achieve this select ‘Update Individual Details’ on the Case Header tab on the INV case and update the appropriate sections in the Restrictions Proceedings and Outcome sections.

In the event that the changes do not take effect, the official receiver should refer matters to Authorisations Team for manual adjustment.

 

26.28 Recording information relating to a certificate of discharge

Where the official receiver receives a copy of an order suspending the bankrupt's discharge (see Chapter 22, Part 4) the official receiver must enter the details in the ISCIS hearings tab and the following in the ISCIS compliance tab: 

  • the date of the order;
  • the period for which the discharge has been suspended; or
  • the period the relevant period has ceased to run until the bankrupt has fulfilled the conditions specified in the order.

Where the court sends the official receiver an order discharging the suspension of the bankrupt's discharge the details must be entered onto ISCIS, including the new date for the bankrupt's discharge. If the court subsequently rescinds an order discharging the suspension of discharge, i.e. re-imposes a suspension of the bankrupt's discharge, the official receiver must amend ISCIS accordingly.

Once the information has been entered into ISCIS the IIR will be updated automatically (see paragraphs 26.10 and 26.11).

 

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