OpenLegislation

Rule 4.123 Removal of liquidator by Secretary of StateI1

England and Wales

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

  • rule 4.54(5-CVL) substituted for rule 4.54(5) by Insolvency 2010 Sch. 1 para. 179(5)

(NO CVL APPLICATION)

(1)

If the Secretary of State decides to remove the liquidator, he shall before doing so notify the liquidator and the official receiver of his decision and the grounds of it, and specify a period within which the liquidator may make representations against implementation of the decision.

(2)

If the Secretary of State directs the removal of the liquidator, he shall forthwith—

(a)

file notice of his decision in court, and

(b)

send notice to the liquidator and the official receiver.

(3)

If the liquidator is removed by direction of the Secretary of State—

(a)

Rule 4.121 applies as regards the liquidator obtaining his release, as if he had been removed by the court, and

(b)

the court may make any such order in his case as it would have power to make if he had been so removed.

Annotations

Commencement

I1

Rule 4.123 in force at 29.12.1986, see rule 0.1