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Role details

PAT160045- Insolvency Rules Committee - Solicitor Member

Application deadline 11 July 2022

Summary

• Organisation: Insolvency Rules committee
• Sponsor department: Ministry of Justice
• Location: London
• Sectors: Public Administration
• Skills: Regulation
• Number of vacancies: 1
• Time commitment: Adhoc
• Length of term: 3 years
• Application deadline: 9am on 11 July 2022

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Timeline for this appointment

1. Opening date

   16 June 2022

2. Application deadline

   9am on 11 July 2022

Timeline dates are only an estimate and can change

About the role

Role description

The role of the Practising Solicitor Member

The IRC operates under the chairmanship of The Hon. Mr Justice Antony Zacaroli. The Insolvency Service seeks to manage the flow of work to the IRC, but the work arises on an ad hoc basis and it is anticipated that there will be a considerable amount over the coming year. The expected work programme in the short term is likely to include rules for a new special administration regime covering the nuclear sector and possible changes to the Insolvency Rules following a statutory review.

The management of the work of the IRC is a matter for the Chair and it varies according to the volume of work and the nature of the legislative changes made. The role of the IRC, in advising the Lord Chancellor, is to ensure that the proposed rules will effectively deliver the policy sought by the legislative changes.

The expected work programme in the short term is likely to include rules for a new special administration regime covering the nuclear sector and possible changes to the Insolvency Rules following a statutory review.

Meetings are arranged on the basis of need and not more frequently than three or four times per year. Those meetings are held in London, usually at the offices of the Insolvency Service or the Rolls Building in Central London.  

Organisation description

About the Insolvency Rules Committee

The Insolvency Rules Committee (IRC) is an advisory non-departmental public body (NDPB) which was established under Section 10 of the Insolvency Act 1986 (the Act).

The IRC is appointed under section 413 of the Act for the purpose of advising on any rules to be made by the Lord Chancellor under section 411 (company insolvency rules) or section 412 (individual insolvency rules) of the Act. The IRC comprises a judge of the High Court attached to the Chancery Divisions and various members of the judiciary, legal and accountancy professions.

These public appointments to the IRC are made by the Lord Chancellor following consultation with the Lord Chief Justice or his nominee. They must comply with the Governance Code on Public Appointments and are regulated by the Office of the Commissioner for Public Appointments.

Further information about IRC can be found at: About us - Insolvency Rules Committee - GOV.UK (www.gov.uk)

Regulation of appointment

This post is regulated by the Commissioner for Public Appointments. For more information, please refer to the Commissioner’s website 

Person specification

Essential criteria

Applicants must be a practising solicitor in order to apply.

We welcome applications from all those who are eligible.

Candidates will be able to demonstrate the following:

• Practising solicitor with evidence of the relevant professional qualification;
• Detailed knowledge of both primary and secondary insolvency legislation and significant practical experience in its application;
• Ability to assess the effectiveness and practical implications of proposed amendments to the Insolvency Rules;
• Ability and willingness to make a significant contribution to the effective working of a Committee;
• Ability to work to tight deadlines and deal with work given out at short notice

Desirable criteria

• Evidence of rule-drafting skills
• Knowledge of the rule-making process

Application and selection process

How to apply

Please view the candidate pack prior to applying : PAT160045 - IRC Solicitor Member Candidate Information pack

In order to apply you will need to provide:

1. A  Curriculum Vitae which provides details of your education and qualifications, employment history, directorships, membership of professional bodies and details of any publications or awards;

2. A supporting statement setting out how you meet the eligibility criteria;

3. Information relating to any outside interests or reputational issues; please complete by clicking the link;Conflict of interest form

4. Referee request form; please complete by clicking the link;Referee request form

5. Diversity monitoring information: Please complete by clicking on the link: Online Diversity Monitoring Form PAT160045 This allows us to see if there are any unfair barriers to becoming a public appointee and whether there are any changes that we could make to encourage a more diverse field to apply. You can select “prefer not to say” to any question you do not wish to answer. The information you provide will not be used as part of the selection process and will not be seen by the interview panel.

6. Disability Confident – If you want to be considered for the disability confident scheme please contact Ria Vadgama and quote PAT160045 to publicappointmentsteam@justice.gov.uk

7. Reasonable adjustments - requests for reasonable adjustments that you would like to the application process (if applicable).

Completed applications should be submitted to Ria Vadgama quoting  PAT160045 on the email subject line to publicappointmentsteam@justice.gov.uk 

The Advisory Assessment Panel reserves the right to only consider applications that contain all of the elements listed above, and that arrive before the published deadline for applications.

If you have any questions about the appointments process, please contact Ria Vadgama quoting PAT160045 on the email subject line to publicappointsteam@justice.gov.uk

Overview of the application process

Public appointments are made on merit following a fair and open competition process which is conducted in accordance with the Governance Code for Public Appointments. We will deal with your application as quickly as possible and will keep you informed at key stages. We aim to conclude the appointment process within three months of the deadline for applications – this is in accordance with the Governance Code.

The assessment process

1. Ministers are responsible and accountable to Parliament for the public appointments made within their department. As a result, they must be consulted at every stage of the appointments process.

2. An Advisory Assessment Panel (“Panel”) is appointed by Ministers to assist them in their decision making. The role of the Panel is to decide, objectively, which candidates meet the eligibility criteria for the role.

3. At the shortlisting meeting the Panel will assess applications against the eligibility criteria and decide which candidates should be recommended for interview. Ministers will then be consulted on the Panel’s recommended shortlist.

4. Once the shortlist has been agreed by Ministers, you will be advised (by e-mail) whether you have been shortlisted. Those shortlisted will be invited to an interview.

5. The Panel will meet again to interview candidates and determine who is appointable to the role. The names of all appointable candidates are provided to Ministers. It is then for Ministers to determine merit and decide who should be appointed. In some circumstances, Ministers may choose not to appoint any candidates and re-run the competition.

6. The Panel’s recommendations will be provided to Ministers in a report which details the assessment method used and the outcome of each interview. They will then be asked to agree on the candidate(s) who should be appointed.

7. Once the decision on the appointment has been made, interviewed candidates will be advised of the outcome of their application. Successful candidates will be issued with their Terms & Conditions and a letter of appointment should they agree to take up the position.

Advisory Assessment Panel (AAP)

Advisory Assessment Panels (AAP) are chosen by ministers to assist them in their decision-making. These include a departmental official and an independent member. For competitions recruiting non-executive members of a board (apart from the Chair), the panel will usually include a representative from the public body concerned.

AAP’s perform a number of functions, including agreeing an assessment strategy with ministers, undertaking sifting, carrying out interviews in line with the advertised criteria and deciding objectively who meets the published selection criteria for the role before recommending to ministers which candidates they find appointable. It is then for the minister to decide who to appoint to the role.

The Panel will be:

• David Flury – MoJ Director, Access to Justice Policy (Panel Chair)
• Mr Justice Zacaroli – Chair of the IRC
• Paul Bannister – Head of Policy, The Insolvency Service
• Jody Chatterjee – Independent Panel Member

Eligibility criteria

In general, you should have the right to work in the UK to be eligible to apply for a public appointment.

There are a small number of specialist roles that are not open to non-British citizens. Any nationality requirements will be specified in the vacancy details.

The Government expects all holders of public office to work to the highest personal and professional standards. 

You cannot be considered for a public appointment if:

• you are disqualified from acting as a company director  (under the Company Directors Disqualification Act 1986);

• have an unspent conviction on your criminal record;

• your estate has been sequestrated in Scotland or you enter into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor or have, under Scots law, granted a trust deed for creditors.

When you apply, you should declare if:

• you are, or have been, bankrupt or you have made an arrangement with a creditor at any point, including the dates of this. 

• you are subject to a current police investigation.

You must inform the sponsor department if, during the application process, your circumstances change in respect of any of the above points. 

When you apply you should also declare any relevant interests, highlighting any that you think may call into question your ability to properly discharge the responsibilities of the role you are applying for. You should also declare any other matters which may mean you may not be able to meet the requirements of the Code of Conduct of Board Members (see Outside interests and reputational issues section below)

Security clearance

The successful candidate will be required to undertake Baseline Personnel Security Standard checks in line with the Civil Service guidelines. Additional Security Clearance may also be required for certain roles. However, where this applies, candidates will be notified during the appointment process. Further information on National Security Vetting can be found on the Gov.uk website here.

Additional information for candidates

Equality and diversity

We encourage applications from talented individuals from all backgrounds and across the whole of the United Kingdom. Boards of public bodies are most effective when they reflect the diversity of views of the society they serve and this is an important part of the Government’s levelling up agenda.

We collect data about applicants’ characteristics and backgrounds, including information about people’s educational and professional backgrounds, so that we can make sure we are attracting a broad range of people to these roles and that our selection processes are fair for everyone. Without this information, it makes it difficult to see if our outreach is working, if the application process is having an unfair impact on certain groups and whether changes are making a positive difference.

When you submit your application, your responses are collected by the Cabinet Office and the government department(s) managing your application. The data is used to produce management information about the diversity of applicants. You can select “prefer not to say” to any question you do not wish to answer. The information you provide will not be seen by the Advisory Assessment Panel who review applications against the advertised criteria and conduct interviews.

Disability confident

We are a member of the Government’s Disability Confident scheme. We use the Disability Confident scheme symbol, along with other like-minded employers, to show our commitment to good practice in employing people with a disability. The scheme helps recruit and retain disabled people. 

As part of implementing the scheme, we guarantee an interview for anyone with a disability whose application meets the minimum criteria for the role and who has asked that their application is considered under the scheme. Indicating that you wish your application to be considered under the scheme will in no way prejudice your application. By ‘minimum criteria,’ we mean that you must provide evidence which demonstrates that you meet the level of competence required under each of the essential criteria, as set out in the job-advert.

When you apply you will have the opportunity to select if you would like your application considered under this scheme.

Reasonable adjustments

Government departments are committed to making reasonable adjustments to make sure applicants with disabilities, physical or mental health conditions, or other needs are not substantially disadvantaged when applying for public appointments. This can include changing the recruitment process to enable people who wish to apply to do so.

Some examples of common changes are:

• ensuring that application forms are available in different or accessible formats;
• making adaptations to interview locations;
• allowing candidates to present their skills and experience in a different way;
• giving detailed information on the selection / interview process in advance to allow candidates time to prepare themselves;
• allowing support workers, for example sign language interpreters;
• making provision for support animals to attend.

When you apply you will have the opportunity to request reasonable adjustments to the application process.

Principles of public life

Holders of public office are expected to adhere to and uphold the Seven Principles of Public Life https://www.gov.uk/government/publications/the-7-principles-of-public-life/the-7-principles-of-public-life--2. These are:

1. SELFLESSNESS - Holders of public office should act solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family or their friends;
2. INTEGRITY - Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties;
3. OBJECTIVITY - In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit;
4. ACCOUNTABILITY - Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office;
5. OPENNESS - Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands;
6. HONESTY - Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest;
7. LEADERSHIP - Holders of public office should promote and support these principles by leadership and example.

Code of conduct for board members

The Government expects all holders of public office to work to the highest personal and professional standards. In support of this, all non-executive board members of UK public bodies must abide by the principles set out in the Code of Conduct for Board Members of Public Bodies. The Code sets out the standards expected from those who serve on the boards of UK public bodies and will form part of your terms and conditions of appointment.

Management of outside interests and consideration of reputational issues

Holders of public office are expected to adhere and uphold the Seven Principles of Public Life and the Code of Conduct for Board Members of Public Bodies. Before you apply you should consider carefully: 

• any outside interests that you may have, such as shares you may hold in a company providing services to government; 
• any possible reputational issues arising from your past actions or or public statements that you have made; 
• and/or - any political roles you hold or political campaigns you have supported; 

which may call into question your ability to do the role you are applying for.

You will need to answer relevant questions in relation to these points when making an application. Many conflicts of interest can be satisfactorily resolved and declaring a potential conflict does not prevent you from being interviewed. If you are shortlisted for an interview, the panel will discuss any potential conflicts with you during that interview, including any proposals you may have to mitigate them and record that in their advice to ministers. Alongside your own declaration, we will conduct appropriate checks, as part of which we will consider anything in the public domain related to your conduct or professional capacity. This may include searches of previous public statements and social media, blogs or any other publicly available information. The successful candidate(s) may be required to give up any conflicting interests and their other business and financial interests may be published in line with organisational policies. 

Details of declared political activity will be published when the appointment is announced, as required by the Governance Code (political activity is not a bar to appointment, but must be declared).

Status of appointment

You will not become a member of the Civil Service. You will not be subject to the provisions of employment law.

Appointment and tenure of office

Appointments are for the term set out in this advert, with the possibility of re-appointment for a further term, at the discretion of Ministers.  Any re-appointment is subject to satisfactory annual appraisals of performance during the first term in the post. If re-appointed, the total time served in post will not exceed more than two terms or serve in any one post for more than ten years

Remuneration, allowances and abatement

Members provide their services on a voluntary and unremunerated basis but can claim reasonable expenses. The cost of these expenses will be met by The Insolvency Service which is an Executive Agency, sponsored by the Department for Business, Energy & Industrial Strategy (BEIS).

Pension and redundancy

This is an office holder appointment and does not attract any benefits under any Civil Service Pension Scheme. You will not be eligible for redundancy pay as you are not an employee. No other arrangements have been made for compensation upon termination because an office holder who is appointed for a limited duration would have no expectation of serving beyond that period.

Application feedback

We will notify you of the status of your application. We regret that due to the volume of applications received, we are only able to offer feedback to candidates who have been unsuccessful at the interview stage.

How to complain

We aim to process all applications as quickly as possible and to treat all applicants with courtesy.

Please contact Maggie Garrett, Ministry of Justice , Head of Public Appointments Team  in the first instance if you would like to make a complaint regarding your application at publicappointmentsteam.gov.uk. They will acknowledge your complaint upon receipt and respond within 15 working days.

How to complain to Office of the Commissioner for Public Appointments (OCPA)

If you are not content with the appointing department’s response, you may wish to further complain to the Commissioner at publicappointments@csc.gov.uk,Further information on how the Commissioner handles complaints can be found on the Commissioner for Public Appointments’ website https://publicappointmentscommissioner.independent.gov.uk/regulating-appointments/investigating-complaints/

Data protection

The Cabinet Office will use your data in line with our privacy policy.

Contact details

Ria Vadgama, Campaign Manager , Public Appointments Team : Publicappointmentsteam@justice.gov.uk please quote on the email subject PAT160045.