{
  "url": "https://openlegislation.uk/insolvent-partnerships-order-1994/schedule-7/paragraph-10",
  "json_url": "https://openlegislation.uk/insolvent-partnerships-order-1994/schedule-7/paragraph-10.json",
  "legislation": "uksi/1994/2421",
  "legislation_title": "The Insolvent Partnerships Order 1994",
  "legislation_url": "https://openlegislation.uk/insolvent-partnerships-order-1994",
  "path": "schedule/7/paragraph/10",
  "kind": "paragraph",
  "number": "10",
  "heading": "Section 292: Power to appoint trustee",
  "text": "Section 292 is modified so as to read as follows—\n“292 (1) This section applies to any appointment of a person (other than the official receiver) as trustee of a bankrupt’s estate.\n(2) No person may be appointed as trustee of the members' estates and as trustee of the partnership unless he is, at the time of the appointment, qualified to act as an insolvency practitioner both in relation to the insolvent partnership and to each of the members.\n(3) Any power to appoint a person as trustee of the members' estates and of the partnership includes power to appoint two or more persons as joint trustees; but such an appointment must make provision as to the circumstances in which the trustees must act together and the circumstances in which one or more of them may act for the others.\n(4) The appointment of any person as trustee of the members' estates and of the partnership takes effect only if that person accepts the appointment in accordance with the rules.Subject to this, the appointment of any person as trustee takes effect at the time specified in his certificate of appointment.\n(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nConflicts of interest\n292A (1) If the trustee of the members' estates and of the partnership is of the opinion at any time that there is a conflict of interest between his functions as trustee of the members' estates and his functions as trustee of the partnership, or between his functions as trustee of the estates of two or more members, he may apply to the court for directions.\n(2) On an application under subsection (1), the court may, without prejudice to the generality of its power to give directions, appoint one or more insolvency practitioners either in place of the applicant to act both as trustee of the members' estates and as trustee of the partnership, or to act as joint trustee with the applicant.”.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 7 para. 10 substituted (6.4.2017) by The Deregulation Act 2015 and Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) (Savings) Regulations 2017 (S.I. 2017/540), reg. 1, Sch. 2 para. 9(5)(a) (with reg. 4)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 7 para. 10 omitted (6.4.2017) by virtue of The Deregulation Act 2015 and Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) (Savings) Regulations 2017 (S.I. 2017/540), reg. 1, Sch. 2 para. 9(5)(b) (with reg. 4)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 7 para. 10 in force at 1.12.1994, see art. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1994/2421/schedule/7/paragraph/10",
    "retrieved_at": "2026-10-29T13:25:54.483589+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}