C1 PART IXBANKRUPTCY
CHAPTER IIITRUSTEES IN BANKRUPTCY
Tenure of office as trustee
Removal of trustee; vacation of office271
1
Subject to paragraph (4), the trustee of a bankrupt's estate may be removed from office only by an order of the High Court or by a general meeting of the bankrupt's creditors summoned specially for that purpose in accordance with the rules.
2
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3
Where the official receiver is trustee by virtue of Article 266(3) or 268(4) or a trustee is appointed by the Department or (otherwise than under Article 270(4)) by the High Court, a general meeting of the bankrupt's creditors shall be summoned for the purpose of replacing the trustee only if—
a
the trustee thinks fit, or
b
the High Court so directs, or
c
the meeting is requested by one of the bankrupt's creditors with the concurrence of not less than one‐quarter, in value, of the creditors (including the creditor making the request).
4
If the trustee was appointed by the Department, he may be removed by a direction of the Department.
5
The trustee (not being the official receiver) shall vacate office if he ceases to be a person who is for the time being qualified to act as an insolvency practitioner in relation to the bankrupt.
6
The trustee may, in the prescribed circumstances, resign his office by giving notice of his resignation to the High Court.
7
The trustee shall vacate office on giving notice to the High Court that a final meeting has been held under Article 304 and of the decision (if any) of that meeting.
8
The trustee shall vacate office if the bankruptcy order is annulled.
Pts. VIII-X (arts. 209-345) modified by Foyle Fisheries Act (Northern Ireland) 1952 (c. 5), s. 52K(2) (as inserted (prosp.) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 3(1) (with art. 32))