331. Creditors’ committee

At any meeting convened by the Official Assignee under section 330(1), the creditors qualified to vote at the meeting, including the holders of general proxies or general powers of attorney from such creditors, may by ordinary resolution appoint from amongst themselves a committee (called in this section the creditors’ committee) of not more than 3 persons for the purpose of advising the Official Assignee on matters relating to the administration of the property of the bankrupt.

The Official Assignee may convene the creditors’ committee at such times as the Official Assignee thinks necessary, but must convene the committee whenever requested in writing to do so by all or a majority of the members of the committee.

Any member of the creditors’ committee may resign from office by notice in writing, signed by the member and delivered to the Official Assignee.

If a member of the creditors’ committee becomes bankrupt, or compounds or arranges with any of the member’s creditors, or is absent from and not represented at 3 consecutive meetings of the committee, the member’s office becomes vacant.

Any member of the creditors’ committee may be removed by an ordinary resolution at any meeting of creditors, of which 7 days’ notice has been given stating the object of the meeting.

On a vacancy occurring in the office of a member of the creditors’ committee, the Official Assignee must forthwith summon a meeting of creditors for the purpose of filling the vacancy, and the meeting may by ordinary resolution appoint another creditor or eligible person in subsection (1) to fill the vacancy.

In this section, “general powers of attorney” includes lasting powers of attorney registered under the Mental Capacity Act 2008.