PART 4

Trustees and commissioners

Removal of trustee and appointment of new trustee

Removal of trustee other than where trustee is unable to act or should no longer continue to act: review, appeal and election of new trustee
71
1
T, the commissioners or any creditor may apply to AiB for a review of any decision of AiB under section 70(1)(b) or (5).
2
Any application under subsection (1) must be made within 14 days beginning with the day on which the decision is given.
3
If an application under subsection (1) for a review is made, AiB must—
a
take into account any representations made by an interested person within 21 days beginning with the day on which the application is made, and
b
confirm, amend or revoke the decision within 28 days beginning with that day.
4
T, the commissioners or any creditor may, within 14 days beginning with the day on which a decision of AiB under subsection (3)(b) is given, appeal to the sheriff against that decision.
5
Subsection (6) applies where T has been removed from office—
a
under section 70(1)(b),
b
under section 200(4),
c
following a review under subsection (1), or
d
following an appeal under subsection (4).
6
The commissioners (or if there are no commissioners AiB) must call a meeting of creditors, to be held within 28 days after the removal, for the election by the creditors of a new trustee.
7
AiB may refer a case to the sheriff for a direction before—
a
making an order under section 70(1)(b) or (5), or
b
undertaking any review under this section.
8
An application for a review under subsection (1) may not be made in relation to a matter on which AiB has applied to the sheriff for a direction under subsection (7).
S. 71 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2