keep The Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) (Reports on Conduct of Directors) (Northern Ireland) Regulations 2016
These Regulations amend the Insolvent Companies (Reports on Conduct of Directors) Rules (Northern Ireland) 2003 to: substitute Rule 4 (requiring office-holders to prepare conduct reports in Form DCR); substitute Rule 5 (creating criminal offences with fines for non-compliance with reporting obligations); omit Rule 6; update the prescribed forms; and insert a new Rule 9 requiring a Minister of the Crown to review these Rules every 5 years and assess whether objectives could be achieved with less onerous regulation.
While these rules impose compliance costs on office-holders, the consequences of deletion would be worse for Britons. Without these reporting requirements, directors who misconduct themselves in insolvencies could escape scrutiny entirely, harming creditors and perpetuating a culture of impunity. The 5-year mandatory review provision (Rule 9) provides a democratic accountability mechanism that ensures these rules cannot persist indefinitely if they become burdensome. The modest fines (level 3 on standard scale) are proportionate enforcement tools rather than excessive penalties. This is a targeted, technical regulatory framework rather than broad economic intervention.