Bankruptcy Act 1988

60B

F57[Delegation of functions of Official Assignee

60B.(1) The Official Assignee may in writing delegate to a specified member of the staff of the Insolvency Service

(a) any of his functions under this Act in relation to a specific bankruptcy or arrangement matter, or

(b) any of his functions under any other enactment.

(2) A delegation under subsection (1) shall be subject to such conditions or limitations as to the performance of any of the functions delegated, or as to time or circumstance, as may be specified in the delegation.

(3) The Official Assignee may in writing revoke or vary a delegation made under subsection (1).

(4) More than one delegation may be made and have effect under subsection (1) at any one time.

(5) Subject to subsection (2), a person to whom functions of the Official Assignee have been delegated under subsection (1), shall, while the delegation remains in force, have all the powers of the Official Assignee in respect of the functions delegated to him as fully as if he held that office, and such powers shall, where the delegation so specifies, include the power to sell, transfer or otherwise dispose of property or assets in the name of and on behalf of the Official Assignee.

(6) Nothing in this section shall affect the vesting of property in the Official Assignee in accordance with section 44.

(7) In any legal proceedings, a certificate that

(a) is signed by the Official Assignee,

(b) states that any function of the Official Assignee in relation to a bankruptcy matter was on a specified date delegated to a specified member of staff of the Insolvency Service, and

(c) states that the delegation of the function remained in force on a specified date,

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

(8) A certificate referred to in subsection (7) that appears to be signed by the Official Assignee is admissible in any proceedings as evidence of the matters stated in the certificate without proof of his signature.]

Annotations

Amendments:

F57

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