Disqualification for general misconduct in connection with companies

F1Disqualification for certain convictions abroad8A

1

If it appears to the Department that it is expedient in the public interest that a disqualification order under this Article should be made against a person, the Department may apply to the High Court for such an order.

2

The High Court may, on an application under paragraph (1), make a disqualification order against a person who has been convicted of a relevant foreign offence.

3

A “relevant foreign offence” is an offence committed outside Northern Ireland—

a

in connection with—

i

the promotion, formation, management, liquidation or striking off of a company (or any similar procedure),

ii

the receivership of a company's property (or any similar procedure), or

iii

a person being an administrative receiver of a company (or holding a similar position), and

b

which corresponds to an indictable offence under the law of Northern Ireland.

4

Where it appears to the Department that, in the case of a person who has offered to give a disqualification undertaking—

a

the person has been convicted of a relevant foreign offence, and

b

it is expedient in the public interest that the Department should accept the undertaking (instead of applying, or proceeding with an application, for a disqualification order),

the Department may accept the undertaking.

5

In this Article, “company” includes an overseas company.

6

The maximum period of disqualification under an order under this Article is 15 years.