Section 300

This section applies where the appointment of any person as trustee of a bankrupt’s estate fails to take effect or, such an appointment having taken effect, there is otherwise a vacancy in the office of trustee. The official receiver shall be trustee until the vacancy is filled. The official receiver may ask the bankrupt's creditors to appoint a person as trustee, and must do so if so requested by not less than one tenth in value of the bankrupt's creditors. If the official receiver makes such a request the bankrupt's creditors may in accordance with the rules appoint a person as trustee. If at the end of the period of 28 days beginning with the day on which the vacancy first came to the offical receiver’s attention he has not asked, and is not proposing to ask, the bankrupt's creditors to appoint a person as trustee, he shall refer the need for an appointment to the Secretary of State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . On a reference to the Secretary of State under subsection (4) . . . the Secretary of State shall either make an appointment or decline to make one. If on a reference under subsection (4) . . . no appointment is made, the official receiver shall continue to be trustee of the bankrupt’s estate, but without prejudice to his power to make a further reference. References in this section to a vacancy include a case where it is necessary, in relation to any property which is or may be comprised in a bankrupt’s estate, to revive the trusteeship of that estate after the vacation of office by the trustee under section 298(8) or the giving by the official receiver of notice under section 299(2).

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Source: legislation.gov.uk · retrieved 2026-09-04