48Appointment of an interim administrator

#### 48 Appointment of an interim administrator 48 Appointment of an interim administrator > > (1) The Minister may, by notice published in the Gazette, appoint an administrator to manage the affairs of a trust if: > > > > > (a) the trust’s affairs are being managed by a trust board and a general election to elect members of the trust board has failed, or > > > > > (b) after being notified by the Minister of any contravention of a provision of this Act involving the trust, the trust: > > > > > > > (i) has failed to remedy that contravention to the extent that it is capable of being remedied, or > > > > > > > (ii) has committed a further contravention of the provision or the contravention has continued, or > > > > > (c) following an inquiry into the affairs of the trust held in accordance with the regulations, the Minister is of the opinion that, in the interests of the commoners concerned, an administrator ought to be appointed in respect of the trust, or > > > > > (d) where the trust’s affairs are being administered by a trust board—the board has no members and it appears to the Minister that there is currently no prospect of suitably qualified persons being elected to fill the vacancies. > > > (2) For the purposes of subsection (1) (a), an election shall be regarded as having failed if insufficient members are elected to enable the trust board concerned to be properly constituted. > > > (3) On the appointment of an administrator under subsection (1) or, where subsection (4) applies, on the service in accordance with that subsection of a copy of the instrument by which the administrator was appointed: > > > > > (a) the affairs of the trust shall be managed by the administrator, and > > > > > (b) the administrator becomes responsible for the exercise of the functions, and the performance of the obligations, of the trust, and > > > > > (c) if the trust’s affairs were, immediately before the appointment, being managed by a trust board or a local authority—the members of the board cease, or the local authority ceases, to hold office, and > > > > > (d) any delegation or authority made or conferred by the board ceases to have effect, and > > > > > (e) unless the administrator otherwise determines within 3 days after the service on the trust of the copy of the administrator’s instrument of appointment, either generally or with respect to any particular contract or contracts, all current contracts of service and for the performance of services entered into by or on behalf of the trust terminate at the end of that period. > > > (4) If an administrator is appointed under subsection (1) and the trust’s affairs were, immediately before the appointment, being managed by a trust board or a local authority, the Minister must serve on the trust board or local authority a copy of the instrument by which the administrator was appointed. > > > (5) An administrator appointed under this section: > > > > > (a) must, as soon as practicable after being appointed, take into custody or place under the administrator’s control all the property of the trust concerned, and > > > > > (b) must, subject to and in accordance with any direction given by the Minister, conduct the trust’s affairs in such manner as appears to the administrator to be in the best interests of the commoners concerned. > > > (6) If the office of an administrator appointed under this section becomes vacant before the holding of the elections referred to in section 49 (4), the Minister, by notice published in the Gazette, must appoint another person to fill the vacancy. > > > (7) Schedule 1 has effect with respect to an administrator appointed under this section.