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2.41 Appointment of practitioner
On an application under section 135 or 286 for the appointment of a provisional liquidator or interim receiver the applicant may propose that an insolvency practitioner be appointed rather than the official receiver. An application for the appointment of a practitioner as an interim receiver may only be made where there has been a referral under section 273, and the practitioner to whom the debtor was referred is the only one who may be appointed as interim receiver.
2.42 Notice of application for appointment
The official receiver will receive details of the application for the appointment of a provisional liquidator but will not normally receive notice relating to the appointment of a practitioner as interim receiver. The official receiver need only attend the hearing if he thinks it necessary to make any representations with regard to the terms of the order. He should liaise in this connection with the proposed appointee.
Notes: [R4.25(3)]
Although the official receiver will receive notification from the court of a provisional liquidator’s appointment he will not be notified if a practitioner is appointed as interim receiver. In either case the official receiver should not become involved in the proceedings if an order is made appointing an insolvency practitioner, except possibly in relation to the submission of a statement of affairs in relation to a company (see paragraph 2.44 and chapter 12).
Notes: [R4.25A; Form 4.14A]
2.44 Duties performed by official receiver (companies only)
If the official receiver performs any duty in relation to the proceedings (eg at the request of the provisional liquidator obtains a statement of affairs) the court must direct the amount to be paid to the official receiver in respect of his costs. Costs will normally be calculated on a time and rate basis and the official receiver should inform the court when such costs have arisen so that appropriate directions may be given. If necessary the official receiver should attend any hearing for the termination of the provisional liquidator’s appointment or of the petition to ensure that such costs are provided for.
Notes: [s131(1); R4.30(4)]
For further details as regards the submission of a statement of affairs in such cases, see chapter 12.
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