The Contracting Out (Functions of the Official Receiver) Order 1995

Citation and commencement

1.—(1) This Order may be cited as the Contracting Out (Functions of the Official Receiver) Order 1995.

(2) This Order shall come into force on the day after the day on which it is made.

Interpretation

2.—(1) In this Order—

“the 1986 Act” means the Insolvency Act 1986;(1) “the insolvency legislation” means the Insolvency Act 1986, the Companies Act 1985(2) the Company Directors Disqualification Act 1986((3) any subordinate legislation made under any of those Acts and any regulations made under rule 12.1 of the Rules;

“the Rules” means the Insolvency Rules 1986(4); and

“right of audience” has the meaning given to it by section 119(1) of the Courts and Legal Services Act 1990(5).

(2) Any expression used in this Order other than one referred to in paragraph (1) above shall bear the same meaning as it bears in the 1986 Act.

(3) In this Order a rule referred to by number means the rule so numbered in the Rules, and except where otherwise expressly provided, a section referred to by number means the section so numbered in the 1986 Act.

Contracting out of functions

3.—(1) Subject to paragraph (2) below, any function of the official receiver which is conferred by or under the insolvency legislation, except one which is listed in the Schedule to this Order, may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the official receiver.

(2) A function to which paragraph (1) above applies, and which involves the exercise of a right of audience in relation to any proceedings before a court, may only be exercised subject to the fulfilment of the condition specified in paragraph (3) below.

(3) Such right of audience as is mentioned in paragraph (2) shall not be exercised by any person other than a person who has a right of audience in relation to the proceedings in question by virtue of the provisions of Part II of the Courts and Legal Services Act 1990.

Jonathan Evans

Parliamentary Under-Secretary of State for Corporate and Consumer Affairs,

Department of Trade and Industry

29th May 1995