Bankruptcy Act 1988 (Official Assignee Accounts and Related Matters) Regulations 2013

• Jurisdiction: Ireland
• Citation: IR SI 464/2013
• Year: 2013

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th December, 2013.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by sections 69(6) (as inserted by section 31 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 (No. 32 of 2013)) and 84(7) (as substituted by section 33 of the Courts and Civil Law (Miscellaneous Provisions) Act (No. 32 of 2013)) of the Bankruptcy Act 1988 (No. 27 of 1988), and having consulted with the Insolvency Service of Ireland, hereby make the following regulations:

Citation and Purpose

1. (1) These Regulations may be cited as the Bankruptcy Act 1988 (Official Assignee Accounts and Related Matters) Regulations 2013.

(2) These Regulations are made for the purposes of sections 69(6) (as inserted by section 31 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 (No. 32 of 2013)) and 84(7) (as substituted by section 33 of the Courts and Civil Law (Miscellaneous Provisions) Act (No. 32 of 2013)) of the Bankruptcy Act 1988 (No. 27 of 1988).

Definitions

2. In these regulations—

“Act” means the Bankruptcy Act 1988 ;

“Bank” means the Central Bank of Ireland or a bank authorised to carry on business in the State;

“the Court” has the same meaning as it has in section 3 of the Act;

“Deputy Official Assignee” means the Deputy Official Assignee in Bankruptcy for the time being appointed;

“Director” means the Director of the Insolvency Service of Ireland for the time being appointed;

“the Judge” means the Judge to whom causes and matters in Bankruptcy are for the time being assigned by the President of the High Court and includes any other Judge for the time being so assigned and acting in any such matters;

“Official Assignee” has the same meaning as it has in section 3 of the Act;

“proper officer” means the Examiner or such other officer as may have been designated by the President of the High Court to exercise the powers and functions of the Examiner.

Maintenance and Keeping of Accounts

3. (1) The Official Assignee shall lodge all money and securities received by him in relation to a bankrupt’s estate in an account in the Bank, and the said money and securities shall be kept there to the credit of the Official Assignee subject to the provisions of the Act, these Regulations and the directions of the Court.

(2) No payment or transfer, shall be made by the Bank out of the account, except upon a draft or...