Statutory Instrument 1995 No. 1386

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

---

© Crown Copyright 1995

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Contracting Out (Functions of the Official Receiver) Order 1995, ISBN 0110530330. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1995 No. 1386

CONTRACTING OUT

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

Whereas the Secretary of State has consulted all official receivers pursuant to section 69(3) of the Deregulation and Contracting Out Act 1994.^[1]

And whereas a draft of this Order has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 77(2) of that Act,

Now therefore the Secretary of State, in exercise of the powers conferred on him by section 69 of that Act and of all other powers enabling him in that behalf, hereby makes the following Order:—

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;^[2]"the insolvency legislation" means the Insolvency Act 1986, the Companies Act 1985^[3] the Company Directors Disqualification Act 1986(^[4] 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^[5]; and


"right of audience" has the meaning given to it by section 119(1) of the Courts and Legal Services Act 1990^[6].

    (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

[1] 1994 c. 40. back

[2] 1986 c. 45. back

[3] 1985 c. 6. back

[4] 1986 c. 46. back

[5] S.I. 1986/1925 amended by S.I. 1987/1919, S.I. 1989/397, S.I. 1991/495, S.I. 1993/602 and S.I. 1995/586. back

[6] 1990 c. 41. back

Explanatory Note