The Company Directors Disqualification (Northern Ireland) Order 2002

Supplementary provisions N.I.

Application for disqualification order N.I.

20.—(1) A person intending to apply for the making of a disqualification order by the High Court shall give not less than 10 days' notice of his intention to the person against whom the order is sought; and on the hearing of the application the last-mentioned person may appear and himself give evidence or call witnesses.

(2) An application to the High Court for the making against any person of a disqualification order under any of Articles 5 to 7 may be made by the Department or the official receiver, or by the liquidator or any past or present member or creditor of any company [F1 or overseas company] in relation to which that person has committed or is alleged to have committed an offence or other default.

(3) On the hearing of an application made by[F2 a person falling within paragraph (4)] the applicant shall appear and call the attention of the High Court to any matters which seem to be relevant, and may give evidence or call witnesses.

F3 [(4) The following fall within this paragraph—

(a) the Department;

(b) the official receiver;

(c) the [F4 CMA];

(d) the liquidator;

(e) a specified regulator (within the meaning of Article 13E).]

F1 Words in art. 20(2) inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 9(12); S.I. 2015/1689, reg. 2(h)

F2 2005 NI 9

F3 2005 NI 9

F4 Word in art. 20(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 230 (with art. 3)

Modifications etc. (not altering text)

C1 Art. 20 applied by S.I. 1989/638, reg. 20(2) (as inserted (1.10.2009) by European Economic Interest Grouping (Amendment) Regulations 2009 (S.I. 2009/2399), {reg. 21(4)} (with reg. 2))

Application for leave under an order or undertaking N.I.

21.— [F5 (1)] On the hearing of an application for leave for the purposes of Article 3(1)(a) or 4(1)(a), the Department shall appear and call the attention of the High Court to any matters which seem to the Department to be relevant, and may give evidence or call witnesses.

F6 [(2) Paragraph (1) does not apply to an application for leave for the purposes of Article 3(1)(a) if the application for the disqualification order was made under Article 13A.

(3) In such a case and in the case of an application for leave for the purposes of Article 13B(4) on the hearing of the application whichever of the [F7 CMA] or a specified regulator (within the meaning of Article 13E) applied for the order or accepted the undertaking (as the case may be)—

(a) must appear and draw the attention of the Court to any matters which appears to it to be relevant;

(b) may give evidence or call witnesses.]

F5 2005 NI 9

F6 2005 NI 9

F7 Word in art. 21(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 231 (with art. 3)

Modifications etc. (not altering text)

C2 Art. 21 applied by S.I. 1989/638, reg. 20(2) (as inserted (1.10.2009) by European Economic Interest Grouping (Amendment) Regulations 2009 (S.I. 2009/2399)), {reg. 21(4)} (with reg. 2))

Register of disqualification orders and undertakings N.I.

22.—(1) Where—

(a) a disqualification order is made, or

(b) any action is taken by a court in consequence of which such an order or a disqualification undertaking is varied or ceases to be in force, or

(c) leave is granted by the High Court for a person subject to such an order to do any thing which otherwise the order prohibits him from doing, or

(d) leave is granted by the High Court for a person subject to such an undertaking to do anything which otherwise the undertaking prohibits him from doing,

the clerk of the court shall furnish to the Department and to the Secretary of State such particulars as may be prescribed and regulations may prescribe the time within which, and the form and manner in which, such particulars are to be furnished.

(2) The Department shall, from the particulars so furnished continue to maintain the register of disqualification orders, and of cases in which leave has been granted as mentioned in paragraph (1)(c)F8 . . . .

F9 [(3) The Department shall include in the register such particulars as it considers appropriate of—

(a) disqualification undertakings accepted by it under Article [F10 8A, 10, 11, 11C or 11E] ;

(b) disqualification undertakings accepted by the [F11 CMA] or a specified regulator under Article 13B;

(c) cases in which leave has been granted as mentioned in paragraph (1)(d).]

[F12 (d) persons who are subject to director disqualification sanctions within the meaning of Article 15A;

(e) any licences issued by virtue of section 15(3A) of the Sanctions and Anti-Money Laundering Act 2018 that authorise such a person to do anything that would otherwise be prohibited by Article 15A(1).]

(4) When an order or undertaking of which entry is made in the register ceases to be in force, the Department shall delete the entry from the register and all particulars relating to it which have been furnished to the Department under this Article or any previous corresponding provision and, in the case of a disqualification undertaking, any other particulars the Department has included in the register.

(5) The register shall be open to inspection on payment of such fee as may be prescribed.

(6) The Department may furnish to the Secretary of State such particulars as the Department considers appropriate of disqualification undertakings accepted by it under Article 10 or 11.

(7) Regulations under this Article may extend the preceding provisions of this Article, to such extent and with such modifications as may be specified in the regulations, to disqualification orders made and disqualification undertakings accepted under the Company Directors Disqualification Act 1986 (c. 46).

F8 Words in art. 22(2) omitted (1.10.2009) by virtue of Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 211 (with art. 10)

F9 2005 NI 9

F10 Words in art. 22(3)(a) substituted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 9(13); S.I. 2015/1689, reg. 2(h)

F11 Word in art. 22(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 232 (with art. 3)

F12 Art. 22(3)(d)(e) inserted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 38(5), 219(1)(2)(b); S.I. 2024/269, reg. 2(z2)