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Changes over time for: Section 17
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 30/09/2021.
Changes to legislation:
There are currently no known outstanding effects for the The Insolvency (England and Wales) Rules 2016, Section 17.
Changes to Legislation
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Vacancies: creditor members of creditors' or liquidation committeeE+W
This section has no associated Explanatory Memorandum
17.8.—(1) This rule applies if there is a vacancy among the creditor members of a creditors' or liquidation committee or where the number of creditor members of the committee is fewer than the maximum allowed.
(2) A vacancy need not be filled if—
(a)the office-holder and a majority of the remaining creditor members agree; and
(b)the total number of creditor members does not fall below three.
(3) The office-holder may appoint a creditor, who is qualified under rule 17.4 to be a member of the committee, to fill a vacancy or as an additional member of the committee, if—
(a)a majority of the remaining creditor members of the committee (provided there are at least two) agree to the appointment; and
(b)the creditor agrees to act.
(4) Alternatively, the office-holder may seek a decision from creditors to appoint a creditor (with that creditor's consent) to fill the vacancy.
(5) Where the vacancy is filled by an appointment made by a decision of creditors which is not convened or chaired by the office-holder, the convener or chair must report the appointment to the office-holder.
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