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Insolvency Act 1985

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This is the original version (as it was originally enacted).

222Official receivers: appointment etc.

(1)For the purposes of this Act and the 1985 Act the official receiver, in relation to any bankruptcy or winding up, is any person who by virtue of the following provisions of this section or section 224 below is authorised to act as the official receiver in relation to that bankruptcy or winding up.

(2)The Secretary of State may (subject to the approval of the Treasury as to numbers) appoint persons to the office of official receiver, and a person appointed to that office (whether under this section or section 70 of the [1914 c. 59.] Bankruptcy Act 1914)—

(a)shall be paid out of money provided by Parliament such salary as the Secretary of State may with the concurrence of the Treasury direct;

(b)shall hold office on such other terms and conditions as the Secretary of State may with the concurrence of the Treasury direct; and

(c)may be removed from office by a direction of the Secretary of State.

(3)Where a person holds the office of official receiver, the Secretary of State shall from time to time attach him either to the High Court or to a county court having jurisdiction for the purposes of Part III of this Act; and, subject to any directions under subsection (5) below, an official receiver attached to a particular court shall be the person authorised to act as the official receiver in relation to every bankruptcy or winding up falling within the jurisdiction of that court.

(4)The Secretary of State shall ensure that there is, at all times, at least one official receiver attached to the High Court and at least one attached to each county court having jurisdiction for the purposes of Part III of this Act, but he may attach the same official receiver to two or more different courts.

(5)The Secretary of State may give directions with respect to the disposal of the business of official receivers, and such directions may, in particular—

(a)authorise an official receiver attached to one court to act as the official receiver in relation to any case or description of cases falling within the jurisdiction of another court;

(b)provide, where there is more than one official receiver authorised to act as the official receiver in relation to cases falling within the jurisdiction of any court, for the distribution of their business between or among themselves.

(6)A person who at the coming into force of this section is an official receiver attached to a court shall continue in office after the coming into force of this section as an official receiver attached to that court under this section.

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