Bankruptcy Act 1988

F48 [ The Official Assignee

60

60 . (1) The Official Assignee shall have such functions as are assigned to him by or under this Act or any other enactment, and subject to this section, sections 60A to 60C and the Personal Insolvency Act 2012 , such powers and functions as were heretofore exercisable by the Official Assignee in Bankruptcy continue to be exercisable by the Official Assignee.

(2) The Official Assignee shall be a member of the staff of the Insolvency Service.

(3) Subject to subsections (4) to (6) , the Official Assignee shall be independent in the performance of his functions under this Act and any other enactment.

(4) The Official Assignee shall, in relation to matters of general administration, be subject to the general direction of the Director.

(5) The Official Assignee, when performing any function relating to the business of a court, or acting under or pursuant to an order of a court, shall observe and obey such directions as are given to him by the court.

(6) The Official Assignee shall be an officer of the court for the purposes of the performance of his functions under this Act or any other enactment.

(7) Subject to sections 60B and 60C , subsections (3) to (6) shall apply to a member of the staff of the Insolvency Service

(a) to whom functions of the Official Assignee have been delegated under section 60B , as respects those functions, or

(b) who is designated under section 60C , as respects those functions,

for so long as the delegation or designation remains in force and is exercisable by the member of staff concerned.

(8) The Official Assignee shall not, without the approval of the Director, hold any other office or position in respect of which remuneration is payable, or carry on any business, trade or profession.

(9) In this section and sections 60A to 60C a reference to an enactment means

(a) an Act of the Oireachtas,

(b) a statute that was in force in Saorst á t É ireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or

(c) an instrument made under

(i) an Act of the Oireachtas, or

(ii) a statute referred to in paragraph (b) . ]

Annotations:

Amendments:

F48

Substituted (3.12.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 29, S.I. No. 462 of 2013.