Version Superseded: 26/06/2020
Point in time view as at 27/04/2020.
Insolvency Act 1986, Paragraph 28 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.
[F128(1)The court may—E+W+S
(a)on an application made by the directors in a case where the nominee has failed to comply with any duty imposed on him under this Schedule or has died, or
(b)on an application made by the directors or the nominee in a case where it is impracticable or inappropriate for the nominee to continue to act as such,
direct that the nominee be replaced as such by another person qualified to act as an insolvency practitioner, F2... in relation to the voluntary arrangement.
(2)A person may only be appointed as a replacement nominee under this paragraph if he submits to the court a statement indicating his consent to act.]
Textual Amendments
F1Sch. A1 inserted (11.5.2001 so far as is necessary to give effect to Sch. A1 paras. 5, 45(1)-(3)(5) and 1.1.2003 in so far as not already in force) by 2000 c. 39, s. 1, Sch. 1 para. 4; S.I. 2001/1751, art. 2; S.I. 2002/2711, art. 2 (subject to transitional provisions in arts. 3-5)
F2Words in Sch. A1 para. 28(1) omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 6 para. 20(2)(e)(i); S.I. 2015/1732, art. 2(e)(vi)
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