Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 3 · Official Assignee, Official Receiver and Insolvency Practitioners
17. Appointment of Official Receiver
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The Minister may appoint a person to be the Official Receiver for the purposes of this Part and Parts 4 to 12, 22 and 23.
Minister
“Minister” means —(a)except as provided in paragraph (b), the Minister charged with the responsibility for administration of affairs of insolvent persons and insolvent companies; and(b)for the purposes of sections 124(1)(g) and (2)(c), 125(5), 127(3) and 198, the Minister charged with the responsibility for registration of companies;
Judicial notice is to be taken of the appointment of the Official Receiver.
Official Receiver
“Official Receiver” means the Official Receiver appointed under section 17(1) and includes a Deputy Official Receiver, a Senior Assistant Official Receiver and an Assistant Official Receiver;
The Official Receiver must act under the general authority and directions of the Minister, but is also an officer of the Court.
officer
“officer”, in relation to a corporation, includes —(a)a director or secretary of the corporation, or a person employed in an executive capacity by the corporation;(b)a receiver and manager of any part of the undertaking of the corporation appointed under a power contained in any instrument; and(c)a liquidator of a company appointed in a voluntary winding up,but does not include —(d)a receiver who is not also a manager;(e)a receiver and manager appointed by the Court;(f)a liquidator appointed by the Court or by the creditors; or(g)a judicial manager appointed under Part 7;
The Minister may —
appoint such number of Deputy Official Receivers, Senior Assistant Official Receivers and Assistant Official Receivers, and such other officers, either temporary or permanent, as the Minister thinks necessary, for carrying this Part and Parts 4 to 12, 22 and 23 into effect; and
assign to any Deputy Official Receiver, Senior Assistant Official Receiver, Assistant Official Receiver or other officer such duties as the Minister thinks fit.
Every Deputy Official Receiver, Senior Assistant Official Receiver and Assistant Official Receiver appointed under subsection (4) has, during his or her tenure of office, all the status, rights and powers (except the power of delegation under section 20(1)), and is subject to all the liabilities, of the Official Receiver.