The Company Directors Disqualification (Northern Ireland) Order 2002

Disqualification for persistent default under companies legislation N.I.

6.—(1) The High Court may make a disqualification order against a person where it appears to it that he has been persistently in default in relation to [F1 relevant provisions of the companies legislation (see paragraph (3ZA))] .

(2) On an application to the High Court for an order to be made under this Article, the fact that a person has been persistently in default in relation to [F2 relevant provisions of the companies legislation] may (without prejudice to its proof in any other manner) be conclusively proved by showing that in the 5 years ending with the date of the application he has been adjudged guilty (whether or not on the same occasion) of 3 or more defaults in relation to those provisions.

(3) A person is to be treated under paragraph (2) as being adjudged guilty of a default in relation to any such provision if—

(a) he is convicted (whether on indictment or on summary conviction) of an offence consisting in a contravention of that provision (whether on his own part or on the part of any company), or

[F3 (aa) a financial penalty is imposed on the person by the registrar in respect of such an offence by virtue of regulations under—

(i) section 1132A of the Companies Act 2006, or

(ii) section 39 of the Economic Crime (Transparency and Enforcement) Act 2022,]

(b) a default order is made against him, that is to say an order under any of the following provisions—

(i) [F4 section 452 of the Companies Act 2006] (order requiring delivery of company accounts),

(ii) [F5 section 456 of the Companies Act 2006] (order requiring preparation of revised accounts),

[F6 (iii) section 1113 of the Companies Act 2006 (enforcement of company's filing obligations),]

(iv) Article 51 of [F7 the Insolvency (Northern Ireland) Order 1989] (enforcement of receiver's or manager's duty to make returns), or

(v) Article 144 of [F8 that Order] (corresponding provision for liquidator in winding up),

in respect of any such contravention of that provision (whether on his own part or on the part of any company).

[F9 (3ZA) In this Article “relevant provisions of the companies legislation” means—

(a) any provision of the companies legislation requiring any return, account or other document to be filed with, delivered or sent, or notice of any matter to be given, to the registrar,

(b) sections 167M and 167N of the Companies Act 2006 (prohibitions on acting as director where identity not verified or where there has been a failure to notify a directorship), and

(c) sections 790LQ and 790LR of the Companies Act 2006 (persons with significant control: ongoing duties in relation to identity verification).]

[F10 (3A) In this Article “the companies legislation” means—

(a) the Companies Acts,

(b) Parts 1A to 7 of the Insolvency (Northern Ireland) Order 1989 (company insolvency and winding up), and

(c) Part 1 of the Economic Crime (Transparency and Enforcement) Act 2022 (registration of overseas entities).]

[F11 (3B) In this Article “company” includes overseas company.]

(4) The maximum period of disqualification under this Article is 5 years.

F1 Words in art. 6(1) substituted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 32(2)(a), 219(1)(2)(b)

F2 Words in art. 6(2) substituted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 32(2)(b), 219(1)(2)(b)

F3 Art. 6(3)(aa) inserted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 32(2)(c), 219(1)(2)(b)

F4 Words in art. 6(3)(b)(i) substituted (6.4.2008) by Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1)(b), Sch. 1 para. 226(3)(a) (with arts. 6, 11, 12)

F5 Words in art. 6(3)(b)(ii) substituted (6.4.2008) by Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1)(b), Sch. 1 para. 226(3)(b) (with arts. 6, 11, 12)

F6 Art. 6(3)(b)(iii) substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 205(2)(a) (with art. 10)

F7 Words in art. 6(3)(b)(iv) substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 205(2)(b) (with art. 10)

F8 Words in art. 6(3)(b)(v) substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 205(2)(c) (with art. 10)

F9 Art. 6(3ZA) inserted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 32(2)(d), 219(1)(2)(b)

F10 Art. 6(3A) substituted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 32(2)(e), 219(1)(2)(b)

F11 Art. 6(3B) inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 9(6); S.I. 2015/1689, reg. 2(h)