Version Superseded: 26/05/2015
Point in time view as at 31/05/2002. This version of this provision has been superseded.
Insolvency Act 1986, Section 296 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)At any time when the official receiver is the trustee of a bankrupt’s estate by virtue of any provision of this Chapter (other than section 297(1) below) he may apply to the Secretary of State for the appointment of a person as trustee instead of the official receiver.
(2)On an application under subsection (1) the Secretary of State shall either make an appointment or decline to make one.
(3)Such an application may be made notwithstanding that the Secretary of State has declined to make an appointment either on a previous application under subsection (1) or on a reference under section 295 or under section 300(4) below.
(4)Where the trustee of a bankrupt’s estate has been appointed by the Secretary of State (whether under this section or otherwise), the trustee shall give notice to the bankrupt’s creditors of his appointment or, if the court so allows, shall advertise his appointment in accordance with the court’s directions.
(5)In that notice or advertisement the trustee shall—
(a)state whether he proposes to summon a general meeting of the bankrupt’s creditors for the purpose of establishing a creditor’s committee under section 301, and
(b)if he does not propose to summon such a meeting, set out the power of the creditors under this Part to require him to summon one.
Modifications etc. (not altering text)
C1S. 296 applied with modifications by S.I. 1986/1999, art. 3, Sch. 1 Pt. II
C2S. 296 applied (with modifications) (1.12.1994) by S.I. 1994/2421, art. 8(3)(9), Sch. 4 Pt. II para. 12
C3S. 296 modified (1.12.1994) by S.I. 1994/2421, art. 11(2)(3), Sch. 7 para. 13
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