Part 1Bankruptcy

The trustee in the sequestration

11Statutory meeting and election of trustee

1

Section 21 of the 1985 Act (requirement to call statutory meeting) is repealed.

2

In section 21A of that Act (calling of statutory meeting where interim trustee is Accountant in Bankruptcy)—

a

in subsection (1), the words from “where” to “Bankruptcy”, are repealed; and

b

the heading to that section becomes “ Calling of statutory meeting ”.

3

The heading to section 23 of that Act becomes “ Proceedings at statutory meeting before trustee vote ”.

4

In section 24 of that Act (election of permanent trustee)—

a

in subsection (1), for the words “the election of the permanent trustee” substitute

a vote at which they shall—

a

confirm the appointment of the trustee appointed under section 2 of this Act (referred to in this section and in sections 25 to 27 of this Act as the “original trustee”); or

b

elect another person as the trustee in the sequestration (referred to in this section and in sections 13 and 25 to 29 of this Act as the “replacement trustee”),

such a vote being referred to in this Act as a “trustee vote”.

b

the heading to that section becomes “ Trustee vote ”.

5

In section 25 of that Act (confirmation of permanent trustee)—

a

before subsection (1) insert—

A1

This section applies where a replacement trustee is elected by virtue of a trustee vote.

b

the heading to that section becomes “ Appointment of replacement trustee ”.

6

Schedule 2 to that Act (adaptation of procedure etc. where permanent trustee not elected) is repealed.