Insolvency Act 1986, section 292

Appointment of trustees: general provision

Part IX Bankruptcy

[F751 (1)This section applies to any appointment of a person (other than the official receiver) as trustee of a bankrupt's estate.F751]

(2)No person may be appointed as trustee of a bankrupt’s estate unless he is, at the time of the appointment, qualified to act as an insolvency practitioner in relation to the bankrupt.

(3)Any power to appoint a person as trustee of a bankrupt’s estate includes power to appoint two or more persons as joint trustees; but such an appointment must make provision as to the circumstances in which the trustees must act together and the circumstances in which one or more of them may act for the others.

(4)The appointment of any person as trustee takes effect only if that person accepts the appointment in accordance with the rules. Subject to this, the appointment of any person as trustee takes effect at the time specified in his certificate of appointment.

F752(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cases considering section 292 3

Donaldson v O'Sullivan

[2008] EWCA Civ 879 · 30 July 2008Limits

Identifies the statutory methods for appointing a trustee in bankruptcy. The Court of Appeal treats those methods as specific provisions which do not exclude the court’s general power to appoint a replacement. (see paras [10], [21], [43]) Interprets the listed appointment routes as dealing with specified circumstances rather than creating an exclusive bar against appointment after removal. (see paras [10], [21], [43])

Barker v Baxendale-Walker

[2018] EWHC 2518 (Ch) · 1 August 2018

The court confirms that a person appointed as trustee in bankruptcy must be qualified to act as an insolvency practitioner. The proposed trustees satisfied this requirement. (see paras [23]; [38]-[39]; [41]) The court applies section 292(3) to confirm that the power to appoint a trustee includes power to appoint more than two persons as joint trustees. The provision supports the appointment framework but is not itself disputed. (see paras [23]-[24])

Donaldson v O'Sullivan

[2008] EWHC 387 (Ch) · 29 February 2008Interprets

The court interprets section 292(1) as a general statement of the usual methods and circumstances of appointment, not an exhaustive restriction on the court’s power to appoint a replacement trustee. (see paras [13], [47]-[49])

What each judgment says about section 292 is in the case-law panel in the full Act.

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F750S. 292 heading substituted (6.4.2017 for E.W.) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 10 para. 5(2); S.I. 2016/1020, reg. 4(f)
  2. F751S. 292(1) substituted (6.4.2017 for E.W.) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 10 para. 5(3); S.I. 2016/1020, reg. 4(f)
  3. F752S. 292(5) omitted (6.4.2017 for E.W.) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 10 para. 5(4); S.I. 2016/1020, reg. 4(f)

Modifications

  1. C994S. 292 applied (with modifications) by S.I. 1986/1999, art. 3, Sch. 1 Pt. II (as amended (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 2 para. 2(7)(c))
  2. C995S. 292 applied (with modifications) (1.12.1994) by S.I. 1994/2421, arts. 8(3)(9), 10(6), Sch. 4 Pt. II para. 26
  3. C996S. 292 modified (1.12.1994) by S.I. 1994/2421, art. 11(2)(3), Sch. 7 para. 10