Section 46 — Protection of Personal and Property Rights Act 1988: Statement to be examined by or on behalf of Public Trust

46 Statement to be examined by or on behalf of Public Trust (1) Where any statement is filed in a Court under section 45 of this Act by any manager who is not a trustee corporation, the Registrar of the Court shall forthwith transmit 1 copy of the statement to Public Trust, and send the other copy to the person for whom the manager is acting. (2) Public Trust, or a chartered accountant appointed by Public Trust for the purposes of this section, shall examine a statement transmitted to Public Trust under subsection (1) of this section, and shall prepare a report as to whether the statement is correct and, if not, in what respects it is deficient. (3) A report under subsection (2) of this section shall be filed with the Court, and a copy of the report shall be given to the manager who filed the statement. (4) Public Trust, or a chartered accountant appointed by Public Trust for the purposes of this section, shall have a right of access to the books, accounts, vouchers, securities, or other documents of the manager or in the manager's custody or under the manager's control, and to any securities and documents of title held by the manager on account of the person for whom he or she is acting as manager, and may require from the manager such information and explanation as may be necessary. (5) If any person having the custody or control of any books, accounts, vouchers, securities, or other documents to which Public Trust, or a chartered accountant appointed by Public Trust for the purposes of this section, has a right of access under this section fails or refuses to allow Public Trust or that chartered accountant to exercise such access or in any way obstructs the preparation of a report under subsection (2) of this section, a Court, on the application of Public Trust or the chartered accountant, may make such order as it thinks appropriate. (6) The remuneration and expenses of Public Trust, or any chartered accountant appointed by Public Trust for the purposes of this section, shall be such as may be prescribed or (if not so prescribed) as may be determined by the Court, and shall, unless the Court otherwise orders, be borne by the property of the person for whom the manager is acting; and where the Court orders otherwise, such remuneration and expenses shall be borne by the manager personally or be apportioned between the manager and the property of the person for whom the manager is acting, as the Court thinks just. (7) All expenses and costs for which the property of a person subject to a property order is liable under this section shall be a charge on that property, and that charge may be enforced in such manner as the Court directs. (8) Public Trust, or a chartered accountant appointed by Public Trust for the purposes of this section, shall not be liable for any expenses or costs under this section. The heading to section 46 was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “ Public Trust ” for the words “ Public Trustee ” . See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11). Section 46 was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “ Public Trust ” for the words “ the Public Trustee ” (or “ The Public Trustee ” ) wherever they occur. See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).