F1Persons instructing unfit directors
Order disqualifying person instructing unfit director: other cases11D
1
The High Court may make a disqualification order against a person (“P”) if, on an application under this Article, it is satisfied—
a
either—
i
that a disqualification order under Article 11 has been made against a person who is or has been a director (but not a shadow director) of a company, or
ii
that the Department has accepted a disqualification undertaking from such a person under Article 11(3), and
b
that P exercised the requisite amount of influence over the person.
That person is referred to in this Article as “the main transgressor”.
2
The Department may make an application to the High Court for a disqualification order against P under this Article if it appears to the Department that it is expedient in the public interest for such an order to be made.
3
For the purposes of this Article, P exercised the requisite amount of influence over the main transgressor if any of the conduct—
a
for which the main transgressor is subject to the order made under Article 11, or
b
in relation to which the undertaking was accepted from the main transgressor under Article 11(3),
was the result of the main transgressor acting in accordance with P's directions or instructions.
4
But P does not exercise the requisite amount of influence over the main transgressor by reason only that the main transgressor acts on advice given by P in a professional capacity.
5
Under this Article the maximum period of disqualification is 15 years.
Arts. 11A-11E and cross-heading inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 7; S.I. 2015/1689, reg. 2(h) (with Sch. para. 9)