Page:UKSRO 1890.pdf/301

This page has been proofread, but needs to be validated.

COMPANY.

265

(3) Any person so appointed shall, during his tenure of office, have all the status, rights, and powers, and be subject to all the liabilities of an Official Receiver.

Removal.

163.—(1) Where an Official Receiver is removed from his office by the Board of Trade, notice of the order removing him shall be communicated by letter to the Court to which the Official Receiver was attached.

Personal performance of duties.

146. The Board of Trade may, by general or special directions, determine what acts or duties of the Official Receiver in relation to the winding up of companies are to be performed by him in person, and in what cases he may discharge his functions through the agency of his clerks or other persons in bis regular employ, or under his official control.

Assistant Official Receivers.

165. An assistant Official Receiver, appointed by the Board of Trade, shall be an officer of the Court, like the Official Receiver to whom he is assistant, and, subject to the directions of the Board of Trade, he may represent the Official Receiver in all proceedings in Court, or in any administrative or other matter. Judicial notice shall be taken of the appointment of an assistant Official Receiver, and he may be removed in the same manner as is provided in the case of an Official Receiver.

Power of officers of Board of Trade and Official Receivers' clerks in certain cases to act for Official Receivers.

166. In the absence of the Official Receiver any officer of the Board of Trade duly authorised for the purpose by the Board of Trade, and any clerk of the Official Receiver duly authorised by him in writing, may by leave of the Court act on behalf of the Official Receiver, and take part for him in any public or other examination and in any unopposed application to the Court.

Duties where no assets.

167. Where a company against whom a Winding-up Order has been made has no available assets, the Official Receiver shall not be required to incur any expense in relation to the winding up without the express directions of the Board of Trade.

Accounting by Official Receiver.

168.—(1) Where a Liquidator is appointed by the Court, the Official Receiver shall account to the Liquidator.

(2) If the Liquidator is dissatisfied with the account or any part thereof, he may report the matter to the Board of Trade, who shall take such action (if any) thereon as it may deem expedient.

(3) The provisions of these Rules as to Liquidators and their accounts shall not apply to the Official Receiver when he is Liquidator, but he shall account in such manner as the Board of Trade may from time to time direct.

Official Receiver to act for Board of Trade where no committee of inspection.

169. Where there is no committee of inspection any functions of the committee of inspection which devolve on the Board of Trade may, subject to the directions of the Board, be exercised by the Official Receiver.

Appeals from Board of Trade and Official Receiver.

70. An appeal in the High Court against a decision of the Board of Trade, or an appeal to the Court from an act or decision of the Official Receiver, shall be brought within 21 days from and