Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 3 · Official Assignee, Official Receiver and Insolvency Practitioners
35. Liability of Official Receiver, etc.
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All sums required to discharge any liability that the Official Receiver 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 Receiver nor any officer of the Official Receiver is to be personally liable for any act that the Official Receiver 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 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;
No liability is to lie personally against the Official Receiver, or any officer of the Official Receiver acting under the direction of the Official Receiver, 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 71, 72E, 72F, 72G, 72M, 72Q, 134(b), 137, 188, 189, 192, 197, 199, 212, 213, 214, 241, 250D, 250F, 250G, 250O or 250P, or under section 197 or 199 (as modified by section 250L), or under section 149, 210, 215, 215K or 390 of the Companies Act 1967.
Any liability that but for subsection (3) would lie against the Official Receiver, or any officer of the Official Receiver, is to lie instead against the Government.