OpenLegislation

Article 268 Failure of meeting to appoint trustee

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If a meeting summoned under Article 266 or 267 is held but no appointment of a person as trustee is made, the official receiver shall decide whether to refer the need for an appointment to the Department.

(2)

On a reference made in pursuance of that decision, the Department shall either make an appointment or decline to make one.

(3)

If—

(a)

the official receiver decides not to refer the need for an appointment to the Department, or

(b)

on such a reference the Department declines to make an appointment,

the official receiver shall give notice of his decision or, as the case may be, of the Department's decision to the High Court.

(4)

As from the giving of notice under paragraph (3) in a case in which no notice has been given under Article 266(2), the official receiver shall be trustee of the bankrupt's estate.

Notes on Part IX

Modifications

C1

Pts. VIII-X (arts. 209-345) modified by Foyle Fisheries Act (Northern Ireland) 1952 (c. 5), s. 52K(2) (as inserted (prosp.) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 3(1) (with art. 32))