Insolvency Act 1986, section 399

Appointment, etc. of official receivers

Part XIV Public Administration (England and Wales)

(1)For the purposes of this Act the official receiver, in relation to any bankruptcy [F1097, winding up [F1098 , individual voluntary arrangement, debt relief order or application for such an orderF1098,F1097]] , is any person who by virtue of the following provisions of this section or section 401 below is authorised to act as the official receiver in relation to that bankruptcy [F1097, winding up [F1098 , individual voluntary arrangement, debt relief order or application for such an orderF1098,F1097]] .

(2)M31The Secretary of State may (subject to the approval of the Treasury as to numbers) appoint persons to the office of official receiver, and a person appointed to that office (whether under this section or section 70 of the Bankruptcy Act 1914)—

(a)shall be paid out of money provided by Parliament such salary as the Secretary of State may with the concurrence of the Treasury direct,

(b)shall hold office on such other terms and conditions as the Secretary of State may with the concurrence of the Treasury direct, and

(c)may be removed from office by a direction of the Secretary of State.

(3)Where a person holds the office of official receiver, the Secretary of State shall from time to time attach him either to the High Court or to [F1099the county court.F1099]

(4)Subject to any directions under subsection (6) below, an official receiver attached to a particular court is the person authorised to act as the official receiver in relation to every bankruptcy [F1097, winding up [F1100 , individual voluntary arrangement, debt relief order or application for such an orderF1100,F1097]] falling within the jurisdiction of that court.

(5)The Secretary of State shall ensure that there is, at all times, at least one official receiver attached to the High Court and at least one attached to [F1101the county courtF1101] ; but he may attach the same official receiver to [F1102bothF1102] courts.

(6)The Secretary of State may give directions with respect to the disposal of the business of official receivers, and such directions may, in particular—

(a)authorise an official receiver attached to one court to act as the official receiver in relation to any case or description of cases falling within the jurisdiction of [F1103the otherF1103] court;

(b)provide, where there is more than one official receiver authorised to act as the official receiver in relation to cases falling within the jurisdiction of any court, for the distribution of their business between or among themselves.

(7)M32A person who at the coming into force of section 222 of the Insolvency Act 1985 (replaced by this section) is an official receiver attached to a court shall continue in office after the coming into force of that section as an official receiver attached to that court under this section.

Cases considering section 399 5

Tanner v Millar

[2013] EWHC 750 (Ch) · 23 January 2013Limits

The court considered the exceptional discretion not to make a repayment order and concluded that it could not assist in this clear case. The discretion had not been raised at trial and there were no good grounds for exercising it (see paras [25]-[26]).

The Official Receiver v Shop Direct Finance Company Limited

[2023] EWCA Civ 367 · 5 April 2023

The section provides for appointment of official receivers by the Secretary of State. (see para [23])

In re Pantmaenog Timber Co Ltd (Official Receiver v Grant Thornton, Official Receiver v Meade-King, Official Receiver v Wadge Rapps & Hunt)

[2001] EWCA Civ 1227 · 25 July 2001Limits

The provision identifies the relevant official receiver for the Insolvency Act’s purposes. (see the paragraph beginning “For the purposes of the provisions”) The provision is referred to with section 399(1) in identifying the official receiver attached to the winding-up court. (see the paragraph beginning “For the purposes of the provisions”) The provision is identified as a possible source of a Secretary of State direction affecting the identity of the official receiver. (see the paragraph beginning “For the purposes of the provisions”)

1 more judgment, and what each says about section 399, are in the case-law panel in the full Act.

Amendments and notes

10 notes from legislation.gov.uk

Amendments

  1. F1097Words in s. 399(1)(4) substituted (1.4.2004) by 2002 c. 40, ss. 269, 279, Sch. 23 para. 14(a)(b) (with s. 249(6)); S.I. 2003/2093, art. 2(2), Sch. 2 (subject to arts. 3-8 (as amended by S.I. 2003/2332, art. 2))
  2. F1098Words in s. 399(1) substituted (24.2.2009 for certain purposes otherwise 6.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 108(3), 148(5), Sch. 20 para. 7(2); S.I. 2009/382, art. 2
  3. F1099Words in s. 399(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 93(h); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  4. F1100Words in s. 399(4) substituted (24.2.2009 for certain purposes otherwise 6.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 108(3), 148(5), Sch. 20 para. 7(3); S.I. 2009/382, art. 2
  5. F1101Words in s. 399(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 93(i)(i); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  6. F1102Word in s. 399(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 93(i)(ii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  7. F1103Words in s. 399(6)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 93(j); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications

  1. C1166S. 399 applied (with modifications) by S.I. 1986/1999, art. 3, Sch. 1 Pt. II

Marginal citations

  1. M311914 c. 59.
  2. M321985 c. 65.