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The Cross-Border Insolvency Regulations 2006
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- UK Statutory Instruments
- 2006 No. 1030
- SCHEDULE 2
- PART 9
- Paragraph 50
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Appointment of another person to actE+W+S
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50.—(1) The court may appoint such person as it thinks fit to appear for, represent or act for the incapacitated person.
(2) The appointment may be made either generally or for the purpose of any particular application or proceeding, or for the exercise of particular rights or powers which the incapacitated person might have exercised but for his incapacity.
(3) The court may make the appointment either of its own motion or on application by—
(a)a person who has been appointed by a court in the United Kingdom or elsewhere to manage the affairs of, or to represent, the incapacitated person; or
(b)any relative or friend of the incapacitated person who appears to the court to be a proper person to make the application; or
(c)in any case where the incapacitated person is the debtor, the foreign representative.
(4) Application under sub-paragraph (3) may be made ex parte; but the court may require such notice of the application as it thinks necessary to be given to the person alleged to be incapacitated, or any other person, and may adjourn the hearing of the application to enable the notice to be given.
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