Personal Insolvency Act 2012

8.

Establishment of Insolvency Service.

8.— (1) On the establishment day there shall stand established a body to be known, in the English language, as the Insolvency Service of Ireland or, in the Irish language, as Seirbhís Dócmhainneachta na hÉireann to perform the functions conferred on it by or under this Act.

(2) The Insolvency Service shall be a body corporate with perpetual succession and, without prejudice to the generality of the foregoing, may sue and be sued in its corporate name.

(3) The Insolvency Service shall—

(a) subject to this Act, be independent in the exercise of its functions under this Act, and

(b) have all powers that are necessary or expedient for, or incidental to, the performance of those functions.

(4) The seal of the Insolvency Service may be authenticated by—

(a) the signature of the Director, F6[or]

(b) the signature of a member of the staff of the Insolvency Service authorised by the Director to act in that behalf.

(5) Judicial notice shall be taken of the seal of the Insolvency Service and, accordingly, every document—

(a) purporting to be a document made by the Insolvency Service, and

(b) purporting to be sealed with the seal of the Insolvency Service authenticated in accordance with subsection (4),

shall be received in evidence and be deemed to be such document without further proof unless the contrary is proved.

(6) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Insolvency Service by the Director or any person generally or specially authorised by the Director in that behalf.

Annotations

Amendments:

F6

Substituted (31.07.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 44, S.I. No. 286 of 2013.