PART 4

Trustees and commissioners

Removal of trustee and appointment of new trustee

Removal of trustee where trustee is unable to act or should no longer continue to act: general
72
1
If AiB is satisfied that any of the circumstances mentioned in subsection (2) apply, AiB may—
a
declare the office of trustee to have become, or to be, vacant, and
b
make any necessary order—
i
to enable the sequestration of the estate to proceed, or
ii
to safeguard the estate pending the election of a new trustee.
2
The circumstances are that—
a
T is unable to act (whether by, under or by virtue of a provision of this Act or from any other cause whatsoever other than death), or
b
T's conduct has been such that T should no longer continue to act in the sequestration.
3
The declaration under subsection (1)(a), and any order under subsection (1)(b), may be made—
a
on the application of the commissioners, of the debtor or of a creditor, or
b
in any other case where AiB is satisfied as mentioned in subsection (1).
4
AiB must order such intimation of an application by a person mentioned in subsection (3)(a) as AiB considers necessary.
5
This section is without prejudice to section 200(4).
S. 72 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2