Paragraph 25 Rule 4.53

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

sch. 1-2 revoked in part by Insolvency (Receivership and Winding up) 2018 Sch. 1 para. 1
Sch. 1 para. 17 words substituted by Scotland Act 1998 (Consequential Modifications) 1999 Sch. 2 para. 141(20)
sch. 1 amended by Insolvency 1987
Sch 1, para 6 am by Enterprise Act 2002 (Prescribed Part) 2003 arts 2, 9(1)
Sch 1, para 18 am by Enterprise Act 2002 (Prescribed Part) 2003 arts 2, 9(2)
Sch. 1 savings for effects of S.S.I. 2018/347, Sch. 1 by Small Business, Enterprise and Employment Act 2015 (Consequential Amendments, Savings and Transitional Provisions) 2019 reg. 15 16
Sch. 1 para. 10 substituted by Insolvency 2014 rule 23(a)
Sch. 1 para. 10 title words substituted by Insolvency 2014 rule 23(b)
Sch. 1 para. 29A inserted by Insolvency 2014 rule 23(c)
Sch. 1 para. 4 words inserted by Insolvency 2014 rule 25(4)(a)
Sch. 1 para. 4A inserted by Insolvency 2014 rule 25(4)(b)
Sch. 1 para. 32A inserted by Insolvency 2014 rule 26(7)

After paragraph (4) there shall be inserted the following:-

“(4A)

Where the contributories make an appointment under paragraph (4), the creditor members of the committee may, if they think fit, resolve that the person appointed ought not to be a member of the committee; and -

(a)

that person is not then, unless the court otherwise directs, qualified to act as a member of the committee, and

(b)

on any application to the court for a direction under this paragraph the court may, if it thinks fit, appoint another person (being a contributory) to fill the vacancy on the committee.”.