Paragraph 3
United Kingdom
Subject to the provisions of this paragraph, a member of the body constituted by section 1(2) of this Act (in this Schedule referred to as “a trustee”) shall hold and vacate his office in accordance with the terms of his appointment.
A person shall not be appointed a trustee for more than three years.
A trustee may resign by notice in writing to the Prime Minister.
The Prime Minister may terminate the appointment of a trustee if he is satisfied that—
for a period of six months beginning not more than nine months previously he has, without the consent of the other trustees, failed to attend the meetings of the trustees;
he is an undischarged bankrupt or has made an arrangement with his creditors or is insolvent within the meaning of paragraph 9(2)(a) of Schedule 3 to the M1Conveyancing and Feudal Reform (Scotland) Act 1970;
he is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986);
he is by reason of physical or mental illness, or for any other reason, incapable of carrying out his duties; or
he has been convicted of such a criminal offence, or his conduct has been such, that it is not in the Prime Minister’s opinion fitting that he should remain a trustee.
The Prime Minister shall consult the Scottish Ministers before exercising any power of his under sub-paragraph (4)(d) above to terminate the appointment of a trustee in respect of whose appointment he was required by section 1(3A) of this Act to consult those Ministers.
A person who ceases or has ceased to be a trustee may be re-appointed.
Annotations
Textual amendments
- F1
Sch. 1 para. 3(4)(ba) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 11 (with art. 5)
- F2
Sch. 1 para. 3(4A) inserted (20.4.2000) by S.I. 2000/1102, arts. 4, 6(2) (with art. 6(1))
Marginal citations
- M1