OpenLegislation

Rule 6.133 Removal of trustee 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)
(1)

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

(2)

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

(a)

file notice of his decision in court, and

(b)

send notice to the trustee and the official receiver.

(3)

If the trustee is removed by direction of the Secretary of State, the court may make any such order in his case as it would have power to make if he had been removed by itself.

Annotations

Commencement

I1

Rule 6.133 in force at 29.12.1986, see rule 0.1