SCHEDULES

F1SCHEDULE A1 Moratorium where directors propose voluntary arrangement

Part V Consideration and implementation of voluntary arrangement

Extension of moratorium

33

(1)

The conditions which may be imposed when a moratorium is extended (or further extended) include a requirement that the nominee be replaced as such by another person qualified to act as an insolvency practitionerF2... in relation to the voluntary arrangement.

(2)

A person may only be appointed as a replacement nominee by virtue of sub-paragraph (1) if he submits to the court a statement indicating his consent to act.

(3)

F3Where it is proposed to appoint a replacement nominee as a condition of extending (or further extending) the moratorium—

(a)

the duty imposed by paragraph 32(3)(b) on the nominee shall instead be imposed on the person proposed as the replacement nominee, and

(b)

paragraphs 32(4) and (5) and 36(1)(e) apply as if the references to the nominee were to that person.