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: review, appeal and election of new trustee
73
1
If AiB makes a declaration under section 72(1)(a), the commissioners (or if there are no commissioners AiB) must call a meeting of creditors, to be held within 28 days beginning with the day of the declaration, for the election of a new trustee by the creditors.
2
T, the commissioners, the debtor or any creditor may apply to AiB for a review of any declaration made under section 72(1)(a) or of any order made under section 72(1)(b).
3
Any application under subsection (2) must be made within 14 days beginning with the day of the declaration.
4
If an application under subsection (2) 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 declaration or order within 28 days beginning with that day.
5
T, the commissioners, the debtor or any creditor may, within 14 days beginning with the day of any decision of AiB under subsection (4)(b), appeal to the sheriff against that decision.
6
AiB may refer a case to the sheriff for a direction before—
a
making any declaration or any order under section 72(1), or
b
undertaking any review under this section.
7
An application for a review under subsection (2) may not be made in relation to a matter on which AiB has applied to the sheriff for a direction under subsection (6).
S. 73 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2