Full legislation
s.85A
Remuneration of provisional trustee and the first trustee constituted under section 112A
(1)
The remuneration of the following persons shall be fixed by
the Official Receiver in accordance with a scale of fees or on such other basis as
the Official Receiver may from time to time approve in
writing—
(a)
a provisional trustee other than the Official Receiver;
(b)
in a case where
section 112A
applies and the first trustee
constituted under subsection
(1
)(
i)
of that section is not the
Official Receiver, that first trustee.
(2)
If one-fourth in number or value of the creditors apply to the Official
Receiver or the Official Receiver is of the opinion that the remuneration of the
provisional trustee or first trustee referred to in subsection (1) should be
reviewed, the Official Receiver may apply to the court and thereupon the court may
confirm, increase or reduce such remuneration.
(3)
Where the provisional trustee or first trustee referred to in subsection (1)
has not received any remuneration, the court may, on application, order the payment
out of the bankrupt’s estate to him of such amount as the court considers sufficient
to reimburse him for any necessary disbursements incurred by him in the course of
the administration of the estate. Such application may be made by the trustee or the
Official Receiver.
(4)
The provisional trustee or first trustee referred to in subsection (1) shall
not under any circumstances whatever make any arrangement for, or accept from the
bankrupt, or any solicitor, auctioneer or any other person who may be employed in
relation to the bankruptcy, any gift, remuneration or pecuniary or other
consideration or benefit whatever to be made or payable to him beyond his said
remuneration payable out of the estate, and he shall not make any arrangement for
giving up, or give up, any part of his remuneration, whether as receiver, manager or
trustee, to the bankrupt or any solicitor, auctioneer or any other person who may be
employed in relation to the bankruptcy.