PART 4Trustees and commissioners

Removal of trustee and appointment of new trustee

I172Removal of trustee where trustee is unable to act or should no longer continue to act: general

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).