SCHEDULES
SCHEDULE 8TRANSITIONAL PROVISIONS AND SAVINGS
PART IIINDIVIDUAL INSOLVENCY
Provisions relating to trustee
12
1
This paragraph applies as regards the trustee in the case of a person adjudged bankrupt before the commencement date, or adjudged bankrupt on or after that date on a petition presented before that date.
2
Where on the commencement date the trustee of a bankrupt’s estate has not made an application under Article 27 of the Bankruptcy Amendment (Northern Ireland) Order 198075 as applied by Article 39 of that Order (release of trustee), then—
a
except where the Department otherwise directs, Articles 271(7), 277 and 304(1) to (3) of this Order apply, and Article 27 of that Order of 1980 as applied by Article 39 of that Order does not apply, in relation to any trustee of the bankrupt’s estate who holds office on or at any time after the commencement date;
b
Article 304(4) of this Order applies in relation to the carrying out at any time on or after the commencement date by the trustee of the bankrupt’s estate of any of his functions; and
c
a trustee in relation to whom Article 271(7) of this Order has effect by virtue of this paragraph has his release with effect from the time specified in Article 272(3)(d).
3
Paragraph (5) of Article 272 has effect for the purposes of sub-paragraph (2)(c) as it has for the purposes of that Article.
4
In the application of paragraph (3) of Article 304 in relation to a case by virtue of this paragraph, the reference in that paragraph to Article 303(1) has effect as a reference to Article 22(7) and (8) of the Bankruptcy Amendment (Northern Ireland) Order 1980 as applied by Article 39 of that Order of 1980.
5
The trustee of the bankrupt’s estate may employ a solicitor to assist him in the carrying out of his functions without the permission of the committee of inspection; but if he does so employ a solicitor, he shall inform the committee of inspection that he has done so.