9. For section 39A(3)(g) of the Act(1) substitute—
“(g)the trustee has commenced an action under section 34 of this Act in respect of any right or interest mentioned in subsection (1) above or the trustee has not known about the facts giving rise to a right of action under section 34 of this Act, provided the trustee commences such an action reasonably soon after the trustee becomes aware of such right.”.
Inserted by S.S.I. 2008/81.