Appendix 2 S.I. 2003/3363: memorandum
from the Department of Trade and Industry
Insolvency Practitioners and Insolvency Services
Account (Fees) Order 2003 (S.I. 2003/3363)
1. By a letter of 27th January 2004 the Committee
has requested a memorandum on the following point in relation
to the above instrument.
Explain how article 3 is intended to apply in
the case of a person who was granted an authorisation under section
393 on 1 April in 2003 or an earlier year. Is that person required
to pay a fee in accordance with paragraphs (1) and (2) or a fee
in accordance with paragraphs (4) and (5)? Or is he (as appears
to be the case) required to pay both?
2. In the circumstances outlined by the Committee
the policy intention was that fees should only be payable in accordance
with paragraphs (4) and (5) and the Department acknowledges that
the fee payable by virtue of paragraphs (1) and (2) should not
be payable in addition in that limited class of case. The Department
is grateful to the Committee for drawing this point to its attention
and will bring forward an amending instrument at the earliest
opportunity.
2nd February 2004
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