Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 3 · Official Assignee, Official Receiver and Insolvency Practitioners
34. Liability of Official Assignee, etc.
Feedback & supportAll sums required to discharge any liability that the Official Assignee may be personally liable to discharge are to be charged on the Consolidated Fund.
liability
“liability” means a liability to pay money or money’s worth, regardless whether such liability is present or future, certain or contingent or of an amount that is fixed or liquidated or that is capable of being ascertained by fixed rules or as a matter of opinion, and includes any such liability arising —(a)under any written law;(b)under contract, tort or bailment;(c)as a result of a breach of trust by the person liable; or(d)out of an obligation to make restitution;
Neither the Official Assignee nor any officer of the Official Assignee is to be personally liable for any act that the Official Assignee or officer (as the case may be) did not contribute to in any way or could not by the exercise of reasonable diligence have averted.
Official Assignee
“Official Assignee” means the Official Assignee appointed under section 16(1) and includes a Deputy Official Assignee, a Senior Assistant Official Assignee and an Assistant Official Assignee;
No liability is to lie personally against the Official Assignee, or any officer of the Official Assignee acting under the direction of the Official Assignee, who, acting in good faith and with reasonable care, does or omits to do anything in the course of or in connection with —
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 exercise or purported exercise of any power; or
the performance or purported performance of any function or duty,under section 20, 25, 334, 358, 370, 379, 382, 393, 395, 403, 433 or 436(3).
Any liability that but for subsection (3) would lie against the Official Assignee, or any officer of the Official Assignee, is to lie instead against the Government.