Insolvency Act

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baz36

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Post by baz36 » Mon Nov 10, 2008 8:32 am
Hi, my husband is becoming a school govenor and has to have CRB check and also sign a form with terms & conditions on, one of the conditions says ' i am not bankrupt or insolvent under the insolvency act 1986'

does this mean whilst in an IVA you cannot become a school govenor, and also when you have a CRB check does it show you are in an IVA.

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MelanieGiles

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Post by MelanieGiles » Mon Nov 10, 2008 8:56 am
It means that for the particular position that your husband is applying for that he will have to declare that his is in an IVA - as this does constitute a formal insolvency process under the Insolvency Act 1986.

IVAs are not generally disclosable for CRB checks, but the board of governers of an individual school can set the rules to suit their own criteria.

In a day where these unpaid and voluntary positions are extremely vital within our education system, it never ceases to amaze me that old fashioned prejudices such as this would prevent a willing volunteer from taking up office.
Regards, Melanie Giles, Insolvency Practitioner
 
 

baz36

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Post by baz36 » Mon Nov 10, 2008 5:34 pm
Thank you for that Melanie.x
 
 

orchid5

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Post by orchid5 » Mon Nov 10, 2008 5:54 pm
i quite agree Melanie the law needs to move with the times and as more and more people have found themselves overstretched no matter from what walk of life they come from i think it would be more appropriate to stop this prejudice, i am a person who works for the government, i am in an IVA but it doesn't affect the care that i give to those that i am responsible for or make me work any less professionally! On the matter of of the insolvancy act i say in the local evening news a question from someone who had gone bankrupt, he'd been involved in an accident and had been offered compensation, his question was could he keep it? The answer came back as under the insolvancy laws compensation if paid for injuries and not loss of earnings wasn't claimable, however it did mention that as he didn't have a bank account he would find it difficult to cash whatever cheque, so what does the insolvancy act say about compensation as it isn't a windfall, benefit etc.
Om shanti, namesté, good luck to all who are embarking on the IVA journey, it isn't always an easy one but the outcome is the best.

IVA COMPLETED August 2012, received Completion certificate 18.4.13.
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