44Functions and powers, &c., of Administrator

44 Functions and powers, &c., of Administrator

(1)  On the appointment of an Administrator, the Minister must serve on the Trust a copy of the instrument of appointment.

(2)  On service on the Trust under subsection (1) of the instrument of appointment –

(a) the functions and powers of the Trust and the Board are to be performed and exercised by the Administrator in the name and on behalf of the Trust or Board for the period specified in that instrument of appointment and in accordance with any directions given by the Minister; and

(b) the directors cease to hold office; and

(c) any committees established by the Board may continue to function at the discretion of the Administrator; and

(d) the Administrator is to be responsible for the management, affairs, activities and business of the Trust; and

(e) the Administrator, as soon as practicable, is to take into his or her custody or under his or her control all the property and things in action to which the Trust and Board are or appear to be entitled; and

(f) any delegation made by the Board ceases to have effect.

(3)  Nothing contained in the rules limits the powers of an Administrator during the term of his or her office, and the Administrator may perform and exercise his or her functions and powers.

(4)  During the period of administration of the Trust –

(a) the Administrator may seek advice from the person who was Chairperson of the Board and the chairperson of any committee established by the Board; and

(b) the Minister is to consult with persons to ensure that appropriate provision is made for the future of the Trust; and

(c) the Administrator may take such action and do such things as the Administrator considers necessary to ensure the proper management of the affairs, activities and business of the Trust both during and after the period of administration.