PART 10BANKRUPTCY
CHAPTER 6THE TRUSTEE IN BANKRUPTCY
Sub-division B: resignation and removal
Removal of trustee by the Secretary of State (section 298(5))10.81.
(1)
This rule applies where the Secretary of State decides to remove a trustee appointed by the Secretary of State.
(2)
Before doing so the Secretary of State must deliver to the trustee and the official receiver a notice of the Secretary of State's decision and the grounds for the decision.
(3)
The notice must specify a period within which the trustee may make representations against implementation of the decision.
(4)
If the Secretary of State directs the removal of the trustee, the Secretary of State must as soon as reasonably practicable—
(a)
deliver the notice to the trustee and the official receiver; and
(b)
where the bankruptcy was based upon a petition, file a notice of the decision with the court.
(5)
Where the Secretary of State directs the trustee be removed, the court may make any order that it could have made if the trustee had been removed by the court.