Section 299: Release of trustee.

Insolvency Act 1986 · 1986 c. 45View on legislation.gov.uk

Part IX: Bankruptcy — Chapter III: Trustees in Bankruptcy

Where the official receiver has ceased to be the trustee of a bankrupt's estate and a person is appointed in his stead, the official receiver shall have his release with effect from the following time, that is to say—

where that person is appointed by ... the bankrupt's creditors or by the Secretary of State, the time at which the official receiver gives notice under this paragraph to the prescribed person that he has been replaced, and
where that person is appointed by the court, such time as the court may determine.

If the official receiver while he is the trustee gives notice to the Secretary of State that the administration of the bankrupt's estate in accordance with Chapter IV of this Part is for practical purposes complete, he shall have his release with effect from such time as the Secretary of State may determine.

A person other than the official receiver who has ceased to be the trustee shall have his release with effect from the following time, that is to say—

in the following cases, the time at which notice is given to the prescribed person in accordance with the rules that that person has ceased to hold office —
the person has been removed from office by a decision of the bankrupt's creditors and the creditors have not decided against his release,
the person has died;
in the following cases, such time as the Secretary of State may, on an application by the person, determine—
the person has been removed from office by a decision of the bankrupt's creditors and the creditors have decided against his release,
the person has been removed from office by the court or by the Secretary of State,
the person has vacated office under section 298(6);
in the case of a person who has resigned, such time as may be prescribed;
in the case of a person who has vacated office under section 298(8)—
if any of the bankrupt's creditors objected to the person's release before the end of the period for so objecting prescribed by the rules, such time as the Secretary of State may, on an application by that person, determine, and
otherwise, the time at which the person vacated office.

Where the person is removed from office by a decision of the bankrupt's creditors, any decision of the bankrupt's creditors as to whether the person should have his release must be made by a creditors' decision procedure.

Where a bankruptcy order is annulled, the trustee at the time of the annulment has his release with effect from such time as the court may determine.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.