March 2008

CHAPTER 32.3

Employment of agents – auctioneers, shorthand writers, interpreters and other agents

32.3.1 Introduction

This chapter deals with the official receiver’s employment of agents, in particular auctioneers (Part 1), shorthand writers (Part 2) and interpreters (Part 3).  Guidance is provided with regard to obtaining adequate security (e.g. by means of a bond or insurance where necessary) where the official receiver employs any agent to protect or sell an item on his/her behalf  (paragraphs 32.3.11 and 32.3.12). The chapter also provides information with regard to dealing with other third parties who may be employed by the official receiver, such as accountants, employees or (on occasions) the bankrupt (Part 4). 

Throughout this chapter the term "auctioneer" should be taken to mean any agent who may sell an item on behalf of the official receiver or advise on the value of a possible asset.

32.3.2 Chapter Index

This chapter is divided in to an Introduction and four parts as follows :

Introduction                Employment of agents – auctioneers, shorthand writers, interpreters and other agents (paragraphs 32.3.1 to 32.3.5)

Part 1                          Auctioneers             (paragraphs 32.3.6 to 32.3.20)

Part 2                          Shorthand writers     (paragraphs 32.3.21 to 32.3.29)

Part 3                          Interpreters             (paragraphs 32.3.30 to 32.3.42)

Part 4                          Other agents            (paragraphs 32.3.43 to 32.3.47)

32.3.3 Abbreviations

The following abbreviations are used in this chapter:

RICS              The Royal Institution of Chartered Surveyors

ISVA              The  Incorporated Society of Valuers and Auctioneers (merged with RICS in 2000)

NAEA             The National Association of Estate Agents

NAVA             The National Association of Valuers and Auctioneers

32.3.4 Statutory Forms

The following statutory forms are referred to in this chapter:

PESWA         (Form 7.4)Appointment of shorthand writer to take record of examination under the Insolvency Act 1986

PESWD         (Form 7.3) Declaration by official shorthand writer and

                   (Form 7.5) Declaration by shorthand writer

32.3.5 Document Production forms and Insolvency Service publications

The following document production forms and Service publications are referred to in this chapter:

IPROH             Insolvency practitioner appointment - record of handover

PIQ                 Preliminary information questionnaire (generic term to cover specific preliminary information questionnaires used in different insolvency proceedings)