OpenLegislation

Rule 8.17 Replacement of the nominee (section 256(3))

(1)

A debtor who intends to apply under section 256(3)(a) or (b) for the nominee to be replaced must deliver a notice to the nominee that such an application is intended to be made at least five business days before filing the application with the court.

(2)

A nominee who intends to apply under section 256(3)(b) to be replaced must deliver a notice to the debtor that such an application is intended to be made at least five business days before filing the application with the court.

(3)

The court must not appoint a replacement nominee unless the replacement nominee has filed with the court a statement confirming—

(a)

that person is qualified to act as an insolvency practitioner (or is an authorised person) in relation to the debtor; and

(b)

that person's consent to act.