Courts and Civil Law (Miscellaneous Provisions) Act 2013
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Amendment of section 60 of Act of 1988 | ||
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29. The Act of 1988 is amended by the substitution of the following for section 60: | ||
“The Official Assignee | ||
60. (1) The Official Assignee shall have such functions as are assigned to him by or under this Act or any other enactment, and subject to this section, sections 60A to 60C and the Personal Insolvency Act 2012 , such powers and functions as were heretofore exercisable by the Official Assignee in Bankruptcy continue to be exercisable by the Official Assignee. | ||
(2) The Official Assignee shall be a member of the staff of the Insolvency Service. | ||
(3) Subject to subsections (4) to (6), the Official Assignee shall be independent in the performance of his functions under this Act and any other enactment. | ||
(4) The Official Assignee shall, in relation to matters of general administration, be subject to the general direction of the Director. | ||
(5) The Official Assignee, when performing any function relating to the business of a court, or acting under or pursuant to an order of a court, shall observe and obey such directions as are given to him by the court. | ||
(6) The Official Assignee shall be an officer of the court for the purposes of the performance of his functions under this Act or any other enactment. | ||
(7) Subject to sections 60B and 60C, subsections (3) to (6) shall apply to a member of the staff of the Insolvency Service— | ||
(a) to whom functions of the Official Assignee have been delegated under section 60B, as respects those functions, or | ||
(b) who is designated under section 60C, as respects those functions, | ||
for so long as the delegation or designation remains in force and is exercisable by the member of staff concerned. | ||
(8) The Official Assignee shall not, without the approval of the Director, hold any other office or position in respect of which remuneration is payable, or carry on any business, trade or profession. | ||
(9) In this section and sections 60A to 60C a reference to an enactment means— | ||
(a) an Act of the Oireachtas, | ||
(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or | ||
(c) an instrument made under— | ||
(i) an Act of the Oireachtas, or | ||
(ii) a statute referred to in paragraph (b). | ||
Office of Official Assignee — Transfer of staff | ||
60A. (1) This section applies to— | ||
(a) the person who immediately before the coming into operation of this section held the office of Official Assignee in Bankruptcy (otherwise referred to as the Official Assignee), and | ||
(b) every person who immediately before the coming into operation of this section was a member of the staff of the Courts Service assigned to the Office of the Official Assignee in Bankruptcy. | ||
(2) On the coming into operation of this section every member of the staff of the Courts Service to whom this section applies shall be seconded to the Insolvency Service for a period of 2 years. | ||
(3) On the expiry of the period of secondment referred to in subsection (2) each person seconded under that subsection shall— | ||
(a) transfer definitively to the staff of the Insolvency Service, or | ||
(b) subject to subsection (4), exercise a right to return to a suitable vacancy on the staff of the Courts Service. | ||
(4) If a person seconded under subsection (2) exercises a right under subsection (3)(b) to return to the staff of the Courts Service but no suitable vacancy on the staff of the Courts Service exists, the person concerned shall be transferred to a suitable vacancy in a public service body. | ||
(5) A person who— | ||
(a) is seconded under subsection (2), | ||
(b) is transferred under subsection (3)(a) or subsection (4), or | ||
(c) returns to the Courts Service under subsection (3)(b), | ||
shall not, except in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, receive a lesser scale of pay or less favourable superannuation benefits than the scale of pay and superannuation benefits to which he was entitled immediately before the secondment, transfer or return concerned. | ||
(6) A person seconded under subsection (2) shall be deemed to be a member of the staff of the Insolvency Service during the period of the secondment. | ||
(7) Subject to subsection (3)(a)— | ||
(a) the person who immediately before the coming into operation of this section held the office of Official Assignee in Bankruptcy shall continue in office as Official Assignee, and | ||
(b) the person who immediately before the coming into operation of this section held the position of Bankruptcy Inspector shall continue to hold the position of Bankruptcy Inspector. | ||
(8) In this section— | ||
(a) ‘public service body’ has the meaning assigned to it by section 5 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 ; | ||
(b) ‘recognised trade union or staff association’ means a trade union or staff association recognised by the Minister for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees. | ||
Delegation of functions of Official Assignee | ||
60B. (1) The Official Assignee may in writing delegate to a specified member of the staff of the Insolvency Service— | ||
(a) any of his functions under this Act in relation to a specific bankruptcy or arrangement matter, or | ||
(b) any of his functions under any other enactment. | ||
(2) A delegation under subsection (1) shall be subject to such conditions or limitations as to the performance of any of the functions delegated, or as to time or circumstance, as may be specified in the delegation. | ||
(3) The Official Assignee may in writing revoke or vary a delegation made under subsection (1). | ||
(4) More than one delegation may be made and have effect under subsection (1) at any one time. | ||
(5) Subject to subsection (2), a person to whom functions of the Official Assignee have been delegated under subsection (1), shall, while the delegation remains in force, have all the powers of the Official Assignee in respect of the functions delegated to him as fully as if he held that office, and such powers shall, where the delegation so specifies, include the power to sell, transfer or otherwise dispose of property or assets in the name of and on behalf of the Official Assignee. | ||
(6) Nothing in this section shall affect the vesting of property in the Official Assignee in accordance with section 44. | ||
(7) In any legal proceedings, a certificate that— | ||
(a) is signed by the Official Assignee, | ||
(b) states that any function of the Official Assignee in relation to a bankruptcy matter was on a specified date delegated to a specified member of staff of the Insolvency Service, and | ||
(c) states that the delegation of the function remained in force on a specified date, | ||
is, in the absence of evidence to the contrary, proof of the matters stated in the certificate. | ||
(8) A certificate referred to in subsection (7) that appears to be signed by the Official Assignee is admissible in any proceedings as evidence of the matters stated in the certificate without proof of his signature. | ||
Deputy for Official Assignee | ||
60C. (1) The Director may in writing designate a member of the staff of the Insolvency Service to be the deputy for the Official Assignee, and the member of staff so designated shall, during every temporary absence and every temporary incapacity through illness of the Official Assignee and every occasion on which the office of the Official Assignee is vacant occurring while such designation remains in force, perform the functions assigned to the Official Assignee under this Act or under any other enactment. | ||
(2) A designation under subsection (1) shall be subject to such conditions or limitations as to time or circumstance as may be specified in the designation. | ||
(3) The Director may in writing at any time revoke or vary a designation made under subsection (1). | ||
(4) Subject to subsection (2), a person designated under subsection (1) shall, while he performs the functions of the Official Assignee, have all the powers of the Official Assignee as fully as if he held that office, and such powers shall include the power to sell, transfer or otherwise dispose of property or assets in the name of and on behalf of the Official Assignee. | ||
(5) In any legal proceedings, a certificate that— | ||
(a) is signed by the Director, | ||
(b) states that a specified member of staff of the Insolvency Service was designated on a specified date, in accordance with subsection (1), to be the deputy for the Official Assignee, and | ||
(c) states that the designation remained in force on a specified date, | ||
is, in the absence of evidence to the contrary, proof of the matters stated in the certificate. | ||
(6) A certificate referred to in subsection (5) that appears to be signed by the Director is admissible in any proceedings as evidence of the matters stated in the certificate without proof of his signature. | ||
Transfer of records to Insolvency Service | ||
60D. All documents and records in the custody and control of the Courts Service relating to the Office of the Official Assignee in Bankruptcy immediately before the coming into operation of section 29 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 shall on the coming into operation of that section be transferred to the Insolvency Service.”. |