Bankruptcy Act 1988


F51 [ Deputy for Official Assignee

60C . (1) The Director may in writing designate a member of the staff of the Insolvency Service to be the deputy for the Official Assignee, and the member of staff so designated shall, during every temporary absence and every temporary incapacity through illness of the Official Assignee and every occasion on which the office of the Official Assignee is vacant occurring while such designation remains in force, perform the functions assigned to the Official Assignee under this Act or under any other enactment.

(2) A designation under subsection (1) shall be subject to such conditions or limitations as to time or circumstance as may be specified in the designation.

(3) The Director may in writing at any time revoke or vary a designation made under subsection (1) .

(4) Subject to subsection (2) , a person designated under subsection (1) shall, while he performs the functions of the Official Assignee, have all the powers of the Official Assignee as fully as if he held that office, and such powers shall include the power to sell, transfer or otherwise dispose of property or assets in the name of and on behalf of the Official Assignee.

(5) In any legal proceedings, a certificate that

(a) is signed by the Director,

(b) states that a specified member of staff of the Insolvency Service was designated on a specified date, in accordance with subsection (1) , to be the deputy for the Official Assignee, and

(c) states that the designation remained in force on a specified date,

is, in the absence of evidence to the contrary, proof of the matters stated in the certificate.

(6) A certificate referred to in subsection (5) that appears to be signed by the Director is admissible in any proceedings as evidence of the matters stated in the certificate without proof of his signature. ]




Inserted (3.12.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 29, S.I. No. 463 of 2013.