11.— (1)(a) There shall be a Director of the Insolvency Service who shall be known, and is referred to in this Act, as the “Director”.

(b) Subject to subsection (13), the Director shall hold office for such period, not exceeding 5 years from the date of his or her appointment under this section, as may be determined by the Minister.

(c) A person who has held office as Director shall be eligible for re-appointment but shall not hold office for periods the aggregate of which exceeds 10 years.

(2) Subject to subsections (12) and (13), the Director shall—

(a) be appointed by the Minister on the recommendation of the Director of the Public Appointments Service after a competition for that purpose under section 47 of the Public Service Management (Recruitment and Appointments) Act 2004 has been held on behalf of the Minister, and

(b) have the appropriate experience, qualifications, training and expertise for the appointment.

(3) The Director shall—

(a) manage and control generally the Insolvency Service’s staff, administration and business,

(b) be responsible to the Minister for the performance of his or her functions, and

(c) perform such other functions (if any) as may be required by the Minister or as may be authorised under this Act.

(4) The Director may be removed or suspended from office by the Minister for stated reasons.

(5) The Director shall provide the Minister with such information, including financial information, in respect of the performance of the Director’s functions as the Minister may require.

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

(7) Such of the functions of the Director as the Director may specify may, with the consent of the Minister, be performed by such member or members of the staff of the Insolvency Service as the Director may authorise for that purpose, and that member or those members of staff shall be accountable to the Director for the performance of the functions so delegated.

(8) The Director shall be accountable to the Minister for the performance of functions delegated by him or her in accordance with subsection (7).

(9) The Director may, with the consent of the Minister in writing, revoke a delegation made in accordance with this section.

(10) The functions referred to in subsection (7) do not include a function delegated by the Minister to the Director subject to a condition that the function shall not be delegated by the Director to anyone else.

(11) If the Director—

(a) dies, resigns or is removed from office, or

(b) is for any reason temporarily unable to continue to perform his or her functions,

the Minister may designate such member or members of the staff of the Insolvency Service as he or she considers appropriate to perform the functions of the Director until—

(i) in the circumstances mentioned in paragraph (a), an appointment is made in accordance with subsection (2),

(ii) in the circumstances mentioned in paragraph (b), the Director is able to resume the performance of his or her functions, or

(iii) the Minister decides to revoke or alter a designation made under this subsection.

(12) The Minister may, before the establishment day, designate a person to be appointed Director.

(13) If, immediately before the establishment day, a person stands designated by the Minister under subsection (12)—

(a) the Minister shall appoint that person to be the first Director, and

(b) for the purposes of subsection (1)(b), the date of that person’s designation under subsection (12) shall be deemed to be the date of his or her appointment under this section.